The Child Ombudsman advocates for the sanctioning of persons involving minors in the activity, propaganda / political agitation. Statements in this regard were made at the press conference on June 1, on the occasion of the presentation of the conclusions of the Thematic Report ”Using the image of children in election campaigns”[1], made by the People’s Advocate of the child rights.
The Child Ombudsman monitored the election campaign in the 2020 presidential elections in the Republic of Moldova, drawing attention to the use of children’s image and work by candidates or political parties in the presidential election campaign, in order to shape the image and promote the political candidate. Thus, during the monitoring period October 1 – November 1, 2020 (first round of elections) and November 2 – November 15, 2020 (second round of elections), 96 cases of use of the image of minors in the online environment were identified, 3 cases of use of the image of minors in posters, leaflets, video spots, 96 cases when the electoral rallies took place with the participation of minors and 6 cases of use of the child labor force for the distribution of electoral advertising materials.
Also, Maia Bănărescu launched in 2021 a questionnaire regarding the consultation of children’s opinion regarding their participation in the electoral processes, with the questionnaire period between March 11-26, following which it was found that 44.7% of respondents know what an electoral process is, 64.9% said they were informed about their rights in this process at school. One hundred and thirty-four of the children participating in the questionnaire stated that they participated in at least one of the meetings of the electoral candidates with the voters together with their parents or with one of the parents, while 130 participated in the school, at the suggestion of a teacher, and 72 of the respondents participated alone, on their own initiative. 64 of the children state that they were involved in the distribution of leaflets, brochures, newspapers of a candidate in the election campaign without receiving a remuneration, in exchange for the remuneration were involved a number of 30 respondents (children).
The report notes the lack of clear provisions for sanctioning electoral actors who use children and children’s images in violation of international standards; lack of special training to encourage the development of environments and circumstances in which children can develop policy skills. The legal framework does not establish the duty for the holders of obligations properly implemented, not to limit the involvement of children or the involvement of children in the electoral process.
Maia Bănărescu emphasized that international standards prohibit the use of the child’s image, but not his/her voluntary participation in the decision-making processes that concern him/her. Comments no. 12, 14 and 20 of the UN Committee on the Child Rights expressly provide that the opinion of the child and his/her participation shall be taken into account in any segment, in any areas of interest of the child in accordance with his/her development and physiological maturity; psychological.
In the year 2017, the People’s Advocate for Child Rights, Maia Bănărescu, proposed to the Government the initiation of the procedure for completing Law no. 26-XVI on meetings, the Contravention Code and the Criminal Code with concrete provisions that would incriminate meeting organizers for attracting minors under 18 to political events.
The Child Ombudsman also proposes supplementing the regulatory framework, in particular electoral legislation with express regulations on the prohibition of the use of the image of children (minors) in election campaigns, referendums, agitations / political propaganda and which endangers the life and health of the minor or harms the honor and the dignity of the minor without the consent of the parents / legal representative; revision of Law no. 338/1994 on the rights of the child arising from current social realities, including in terms of accessibility, predictability and clarity of legal provisions.
The People’s Advocate for the Child Rights reiterates the need to implement additional mechanisms to combat the use of the child’s image and / or work for electoral or political purposes.
Maia Bănărescu addressed the electoral competitors and other persons involved in the electoral campaigns with the urge to treat the children with respect for their human dignity and not to admit actions that would affect their private life. The Child Ombudsman calls on media service providers not to distribute advertising based on children’s images, to ensure the provision of truthful, accurate and age-appropriate information to children. To parents and teachers, other people involved in raising and educating children, Maia Bănărescu urges them correctly inform children about the electoral processes, ensuring the explanation of the rights derived from them.
The Child Ombudsman also has a message for children: “Participate actively and get involved when you consider that the actions deriving from the electoral processes that concerns you!”
Human Rights Promotion and Communication Department
Tel. 060002656
[1] http://ombudsman.md/wp-content/uploads/2021/05/RaportELECT2021-.pdf
[1] http://ombudsman.md/wp-content/uploads/2021/05/RaportELECT2021-.pdf
