According to the endeavor submitted to the Prime Minister, the chairman of the Commission for Exceptional Situations, Ion Chicu, the People’s Advocates recommend to review the provisions of item 23, 24 of Provision no. 10 and to provide sustainable and non-discriminatory solutions to Moldovan citizens who are returning to their native country, and also to honor their obligations in the context of compulsory health insurance, regardless of the way chosen by them to return to the country (by land or air). The Ombudsmen suggest a potential solution, to provide the opportunity to acquire the compulsory health insurance policy with a 50% discount, as it was possible until March 31, 2020, for the Moldovans who are returning to the country.
The People’s Advocates do not doubt the principle of the obligation, provided by the national normative framework, by which the natural and legal entities have the obligation to participate in the system of compulsory health care insurance, but they warn about the different treatment applied to the persons who returned to the country after April 1, 2020.
Moreover, in the event of failure to fulfill the concerned obligation, the persons risk to be punished quite harshly for not complying with the provisions / measures established by the Provision of the Commission for Exceptional Situations. At the same time, in the case of families with children who intend to return to the country by air, the given mechanism could undermine the child’s right to life and health, if the entry of parents into the country is conditioned by the purchase of the insurance.
The People’s Advocates draws attention upon the obligation of the state, in accordance with the provisions of article 18 of the Constitution, to protect its citizens both at home and abroad, as well as upon the fact that, according to article 16 of the Supreme Law, all citizens of the Republic of Moldova are equal under the law and public authorities, regardless of race, nationality, ethnic origin, language, religion, gender, opinion, political affiliation, wealth or social origin.
Also, in compliance with article 27 paragraph (2) of the Constitution, “any citizen of the Republic of Moldova is guaranteed the right to establish his domicile or residence in any locality of the country, to leave, to emigrate and to return to the native country.”
At the same time, Article 54 of the Constitution establishes the essential requirements regarding the restriction of the enforcement of rights and freedoms, and paragraph (4) provides that the restriction must be proportionate to the situation that caused it, and cannot attain the existence of the right or freedom.
The Ombudsmen also note that, according to article 3 of Annex no.2 to Law 1593/2002, the citizens of the Republic of Moldova who are not employed and are not insured by the Government, are paying the fixed health insurance premiums, according to art.4 paragraph (4) of the Law on compulsory health care insurance, which prove their stay in the Republic of Moldova for at least 183 days (during the budget year).
Notwithstanding the concept of compulsory health care insurance, the People’s Advocates consider that the mechanism established by items 23 and 24 of Provision no. 10, in relation to the citizens of the Republic of Modlova who are returning to the country, starting with April 1, 2020, is a disproportionate measure, which does not take into account their economic situation.
The People’s Advocates reiterate the concerns mentioned in their previous appeals and argue that, during the state of emergency caused by the COVID-19 pandemic, in order to protect the public health, the state may restrict certain rights and freedoms, but these measures must not exceed the general framework in the field of human rights. After being imposed, these restrictions must be in compliance with non-discriminatory, legitimate, necessary and proportionate principles with the least restrictive option available.
2020/ 04/ 03
Department of human rights promotion
and communication
Tel.: 060002656
Department of public policies and law
Tel: 060002644
