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Serbenco, Eduard
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Situaţia juridică în dreptul intern al Republicii Moldova a actelor adoptate de organele de control al aplicării principalelor tratate O.N.U. de drepturi ale omului While such titles as the European Convention on Human Rights or the European Court of Human Rights are familiar to the Moldovan legal profession, the core UN human rights treaties and the findings of the UN treaty-based bodies are less-known. The purpose of this study is to remedy in part this issue. After identifying the core UN human rights treaties, the author discusses the functions and the different types of findings by the UN treaty-based bodies. Of particular significance among these findings are the concluding observations adopted following the processing of a country’s report, the views adopted in individual cases, and the general comments that provide detailed content to the generally-worded provisions of the treaties. Despite the fact that concluding observations are not legally binding, they constitute important guidelines for states to ensure the implementation of the human rights treaties. In their turn, the views adopted by some of these bodies, as well as their general comments are of great significance in the interpretation of these treaties. If the Moldovan authorities, like the authorities of any other country, wish to apply and interpret the obligations under the aforesaid treaties in a manner consistent with their object and purpose, they have no choice but to take into account the findings of the UN treaty-based bodies. The author also sustains that these bodies’ views and general comments should be given the same status as the case law, produced by the European Court of Human Rights, enjoys in the Moldovan legal order. -
Structura instituţională de implementare a tratatelor internaţionale de drepturi ale omului în sistemul de drept intern al Republicii Moldova The institutional arrangement for the implementation of human rights treaties to which the Republic of Moldova is a party within the Moldovan legal order appears to be both a multidimentional and a centralised one. It is of a multidimentional character because many governmental institutions are involved in the process of implementation of such treaties. The primary responsibility of implementing or overseeing the implementation of a human rights treaty lies with the ministry or other central governmental institution whose powers relate to the subject matter covered by that treaty. The Ministry of Foreign Affairs and European Integration (MFAEI) and the Ministry of Justice play a specific role in this process. If the MFAEI has a coordination and a overseeing function on how other ministries and central governmental institutions fulfill the obligations arising from the human rights treaties under their competence, the Ministry of Justice reviews the conformity of all draft bills containing new legislation with the human rights treaties to which the Republic of Moldova participates. Furthermore, there are other interministerial bodies with powers in the field of implementation of human rigths treaties. At the top of this interministerial structure is the National Committee for the drafting of initial and periodic reports regarding the implementation of international treaties to which the Republic of Moldova is a party. Its main function is to exercise the governmental control on the observance of international treaties by our country. This is namely this responsibility given to that Committee that makes the national arrangement for the implementation of human rights treaties to have a centralised character.