The People’s Advocate for Children’s Rights Maia Banarescu draws the attention of the National Penitentiary Administration and of the subordinate institutions on the fact that although, in the current situation it is obvious that all the actions taken are focused on the need to reduce / stop the epidemiological situation, it is necessary for the responsible authorities to lay down specific requirements for the respect of the rights of women detained, including those who are pregnant or together with their children, in detention, as well as detainees with disabilities and juvenile detainees.
In this regard, the People’s Advocate for Children’s Rights comes with a set of recommendations for concrete measures to be taken by the National Penitentiary Administration.
The Children’s Ombudsman emphasizes that although restrictions on the visits of relatives of juvenile detainees and detainees with children aged 0-3 years in penitentiary institutions may be necessary to prevent COVID-19 outbreaks, however, these steps need to be introduced in a transparent manner and clearly communicated to those affected.
The People’s Advocate for Children’s Rights recommends, as a reward measure, to increase the number of telephone calls insured from the NPA account and to ensure, as far as possible, the conversations through the Viber, Skype or Messenger networks of the minor detainees with relatives outside.
The Children’s Ombudsman notes that, although the actions are not provided for in the national legislative rules, these actions are in line with the recommendations of the United Nations regarding the observance of the rights of persons in detention during the COVID-19 epidemic [1].
Also, the People’s Advocate for Children’s Rights reminds the National Penitentiary Administration of the norms stipulated in the UN Convention on the Rights of the Child (in force for the Republic of Moldova of February 25, 1993), the Body of the Minimum Rules for the Administration of Juvenile Justice of December 18, 2002 and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which imperatively establish the respect of the rights of detained children, regardless of the exceptional situations that may arise.
Another problematic aspect on respecting children’s rights, in the respective situation, is the classification of the children held in the remote learning system, approved by the Order of the Ministry of Education, Culture and Research no. 351 of March 19, 2020 on continuing the remote learning process. Thus, the People’s Advocate for Children’s Rights recommends the establishment of an online group, on one of the existing communication applications (Viber, Skype, WhatsApp), between the administration of the penitentiaries where there are children and teachers who usually come to attend the academic courses in the detention institutions.
Thus, they will then be able to transmit to the children the new subjects, which will be taught and exercises to work independently and, the prison staff will photograph the exercises solved and will send them to the teachers through the already established communication channel, to be verified.
In order to facilitate and improve the remote learning process, in the created situation it is essential to intensify / strengthen the collaboration with the representatives of the educational institutions, assigned with powers to assist the educational process in the detention institution where children are located.
Another important aspect that draws the attention of the Children’s Ombudsman is the prevention of violence in children or directed against children.
For the purpose of preventing violence in children or directed against children, the People’s Advocate for Children’s Rights calls for the intensification of psychological assistance activities by offering permanent psychological counseling and observing the protection measures in the epidemiological situation.
The Children’s Ombudsman draws attention to the respect of children’s rights aged 0-3 years who are in prisons with their mothers. The epidemiological situation can affect their health status and can lead to serious consequences that will represent violations of Art. 6 and 24 of the UN Convention on the Rights of the Child. In the circumstances presented, the People’s Advocate for Children’s Rights urges the officials of the Penitentiary 7 in Rusca and the Penitentiary 16 Pruncul where is this category of children to strengthen the security measures and prevent the illness of children during the pandemic. Also, in the context of the pandemic situation and by derogation from Art. 256 of the Executive Code of the Republic of Moldova the People’s Advocate for Children’s Rights recommends the continuation of the placement in the penitentiary institution of children who have reached the age of 3 – 3.6 years until the end of the exceptional situation.
