• Submit a request
  • Good Governance
  • Press
  • Documents

+37360002657

secretariat@ombudsman.md

  • Contacts
  • Child’s page
  • ro
  • ru
  • en
Ombudsman
    • About us
      • People’s Advocate
      • Deputies of the People’s Advocate
      • The People’s Advocate for the rights of the child
      • Office of the People’s Advocate
        • General Presentation
        • Organizational Chart
        • Secretary General
        • Support departments
        • Short history
          • Narrative description
          • Ex-Ombudsmen
      • Council for the Prevention of Torture
        • Presentation
        • CpPT Members
      • Refugee Advisory Council
      • Children’s Advisory Council
      • Council of Minorities
    • Standards
      • Standarde internaționale
      • International recommendations
    • Reports
      • Human’s rights
        • Annual
        • Alternatives
        • Thematic
        • Special
      • Child’s rights
        • Annual
        • Alternatives
        • Thematic
        • Special
      • Torture prevention
        • Annual
        • CpPT (MNPT)
          • Annual reports
          • Visit reports
        • Thematic
        • Special
        • Visit reports
      • Rights of foreigners
    • Vacancies
      • Additional Information
      • Contest Announcement
      • Contest Information
    • FAQ
    • Library
      • Books
      • Newsletter
      • Guides
      • Studies
      • Gallery
        • Photo
        • Video
      • Podcast
      • Publications
    • English
      • Română
      • Русский
      • English
    • Submit a request
    • Good Governance
    • Press
    • Documents

    +37360002657

    secretariat@ombudsman.md

    • Contacts
    • Child’s page
    • ro
    • ru
    • en
×
Header Image

People’s Advocate: The mechanism of the whistleblowers will be a non-functional one…

Home » Press » Human Rights » People’s Advocate: The mechanism of the whistleblowers will be a non-functional one as long as the institutions with attributions in this field will ignore it for various reasons: ignorance, unwillingness, resistance to new. This is the statement made by the People's Advocate for the Child Rights , Maia Bănărescu, in the interview given to the IPN Press Agency.

People’s Advocate: The mechanism of the whistleblowers will be a non-functional one as long as the institutions with attributions in this field will ignore it for various reasons: ignorance, unwillingness, resistance to new. This is the statement made by the People’s Advocate for the Child Rights , Maia Bănărescu, in the interview given to the IPN Press Agency.

  • Human Rights
  • Press
21 September 2021
view 314 views

Maia Bănărescu mentioned in the interview that since the entry into force in November 2018 of Law no. 122 on whistleblowers, through which the People’s Advocate was invested with the attribution of protection of whistleblower, the People’s Advocate Office registered 11 claims on protection. All – were accepted for examination.

Till now, only one case has been resolved, in a few others – the examination procedure has ceased. In 5 cases the PAO recommendations were not implemented and the whistleblowers challenged the sanctioning orders in court. The People’s Advocate intervened in the process to submit conclusions in order to defend the rights, freedoms and legitimate interests of persons. In a case that reached the Supreme Court of Justice, the SCJ ruled in favour of the employer.

The People’s Advocate pointed out that in most cases the reinstatement of whistleblowers was and is a difficult and lengthy process. Maia Bănărescu stated that, following the experience of almost 3 years of granting the protection of whistleblowers by the People’s Advocate Office, it is noted a  low degree of acceptance in society of the whistleblower institute, an ignorance of the protection mechanism of persons who issued whistleblowing, the low degree of implementation of the People’s Advocate’s recommendations, and frequently handling the case as classic labour relations or disputes.

In the opinion of the People’s Advocate, there is a different interpretation of Law no. 122, of the procedures established in it, the competences of the institutions referred to in the law and the degree of their involvement by different actors that are or may be involved in its implementation, or in monitoring its application in practice.

If the mechanisms for the protection of whistleblowers were known, then the recommendations of the People’s Advocate would be accepted, the judges would examine some statement of claims according to the Law 122 and not only in terms of the Labour Code, said Maia Banarescu. The Ombudsman also believes that the importance and effect of the Law on whistleblower is not yet fully realized, which reason its provisions are rarely used.

Maia Bănărescu considers that it is also very important that the disclosures should be carefully examined by the responsible institutions, so that the whistleblower mechanism not to be treated formally.

The People’s Advocate is of the opinion that it should be strengthened, especially in the conditions in which the authorities propose decisive actions to eradicate corruption at the level of specialized public authorities and institutions, as well as the efficiency of investigating acts of corruption. In these political realities, the mechanism of whistleblowers could be a collateral one from active and socially responsible citizens. That is why it can and must be strengthened and promoted, including by improving the legal framework.

The full interview can be accessed here: (https://www.ipn.md/en/whistleblowers-between-practice-and-grammar-ipn-interview-with-ombudswoman-for-7978_1084256.html)

 

                                                           Department of Human Rights

Promotion and Communication 

                                                                                                     Tel: 060002656

gallery img
gallery img

Share Post


Other news

View all
  • Press
  • Human Rights
6 March 2025

The People’s Advocate condemns and disapproves the intimidation and unprecedented attack by the Prosecutor General on the People’s Advocate Office. In this regard, relevant national and international institutions will be notified

The People’s Advocate of the Republic of Moldova, Ceslav Panico, firmly condemns the Prosecutor General's unfounded accusations and unacceptable language in a public statement expressed in an article published by Ziarul de Gardă. These statements were made in response to the findings and recommendations of the People’s Advocate Office, presented in a Special Report issued…
Read more
321 views view
  • Press
  • Child Rights
  • Human Rights
14 February 2025

The human rights defenders protection mechanism needs improvement – the People’s Advocate Office submitted a concept for strengthening the mechanism to the Ministry of Justice

In a world marked by instability, armed conflicts, democratic regressions, and increasingly frequent attacks on civil society, the role of human rights defenders becomes essential in protecting democracy, promoting social justice, and ensuring the respect of every individual's fundamental rights. They contribute to creating a fairer society by monitoring human rights violations, providing legal and…
Read more
393 views view
  • Press
  • Human Rights
8 May 2024

The People’s Advocate Office will benefit from a €800,000 project awarded by the Council of Europe to strengthen human rights protection in Moldova

Today, 8 May 2024, we mark a significant moment in the promotion and protection of human rights in the Republic of Moldova with the official launch of the Council of Europe Project “Support to the People’s Advocate Office in the protection of human rights in the Republic of Moldova- Phase I”. This project stands for…
Read more
589 views view

Menu

  • Human Rights
  • Child Rights
  • Torture Prevention

Search

Subscribe to the newsletter

Stay up to date with the latest news. Fill out the form below and get updates straight to your inbox!

Subscribe Form en

The Office of the People’s Advocate, also known as the Ombudsman or the People’s Advocate, represents the National Institution for Human Rights, an independent and impartial institutional entity with the mission of protecting the interests and rights of citizens against abuses and negligence committed by authorities or other powerful entities in the state.

International networks of ombudsmen

  • GANHRI
  • ENNHRI
  • ENO
  • IOI
  • AOMF
  • EOI
  • ENOC

International organizations

  • Organizaţia Naţiunilor Unite
  • Oficiul Înaltului Comisar ONU pentru Drepturile Omului
  • UNICEF Moldova
  • UNDP Moldova
  • UNHCR Moldova
  • Misiunea OSCE în Moldova
  • Asociaţia pentru Prevenirea Torturii
  • Comisarul pentru Drepturile Omului al Consiliului Europei
  • Consiliul Europei
  • Delegaţia Uniunii Europene în Republica Moldova
  • Curtea Europeană pentru Drepturile Omului
  • Oficiul Consiliul Europei în Moldova

Partners

  • Submission instruction
  • Application submission guide
  • Online application
  • Promovarea drepturilor omului En

Contacts

+373 600 02 657

secretariat@ombudsman.md

Street Calea Iesilor 11/3, Chisinau

Monday - Friday: 8AM - 5PM

Socials

© 2025 Avocatul Poporului Ombudsman. All rights reserved.

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.