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LAW OF THE REPUBLIC OF MOLDOVA

of December 15, 1994 No. 338-XIII

About the child's rights

(as amended on 28-07-2016)

The parliament adopts this law.

Protection by the state and society of children, family and motherhood is political, social and economic care of paramount importance in the Republic of Moldova.

This law determines legal status of the child as independent subject and forming of his civil consciousness on the basis of national and universal values, special care and social protection of children, temporarily or constantly deprived of family environment or being in other adverse or extraordinary conditions provides his physical and spiritual health.

Chapter I General provisions

Article 1. Legal basis

(1) the Rights and obligations of the child are regulated by this law and other legal acts.

(2) According to this law the child person from the moment of the birth and to 18-year age is recognized.

Article 2. Bodies of protection of the rights and interests of the child

(1) the State guarantees the right of each child to the level of living necessary for its physical, intellectual, spiritual and social development. The state takes relief measures to parents, and also other persons responsible for education and development of children.

(2) Protection of the rights of the child is provided with the relevant competent authorities, and law enforcement agencies.

Article 3. Equality of children

All children have the equal rights irrespective of race, nationalities, ethnic origin, floor, language, religion, restriction of opportunities, beliefs, property status or social origin.

Chapter II Basic rights of the child

Article 4. Right to life

(1) the child's Right to life and to physical and mental integrity is guaranteed.

(2) Any child cannot be subjected to tortures, cruel, brutal to either degrading treatment or punishment.

(3) the State recognizes the child's right to use of the most committed technologies of treatment, recovery of health, prevention of diseases.

(4) If parents refuse medical care to the sick child, it is provided contrary to their desire according to the decision of consultation of doctors made in the presence of the public agent.

(5) the State according to the legislation provides to mother during the prenatal and postnatal period necessary conditions for healthy development of the child, its balanced and safe diet, rendering qualified free medical care, organization of events on prevention of diseases, promotion of healthy lifestyle.

Article 5. The right addressed to and nationality

(1) the Child from the moment of the birth has the right addressed to and is registered according to Code regulations on scrap and family.

(2) Each child has the right to nationality. The bases and conditions of acquisition and change of nationality of the child are determined by the legislation.

Article 6. The right to integrity of human beings, protection against physical and mental abuse

The state protects integrity of human beings of the child, protecting it from any kind of operation, discrimination, physical and mental abuse, without allowing cruel, rough, negligence, insults and beating, involvement in criminal activities, familiarizing with consumption of alcoholic beverages, the illegal use of narcotic and psychotropic drugs, occupation gamblings, to begging, inducement or coercions to any illegal sexual activities, uses in prostitution or in other illegal sexual practice, in pornography and pornographic materials, including from parents or persons, is legal replacing them, relatives.

Article 7. Right of defense of honor and advantage

Each child has right of defense of honor and advantage. Infringement of honor and advantage of the child is punished according to the legislation.

Article 8. Right to liberty of thought and conscience

(1) the child's Right to freedom of thought, to own opinion, and also the right to religion cannot be broken in any form.

(The State guarantees 2) to the child capable to formulate own views, the right to freely express these views on all questions affecting him. Accounting of opinion of the child who reached ten-year age is obligatory if it does not contradict its interests.

(3) For this purpose the child is given opportunity to be heard during any legal or administrative proceedings affecting the child or it is direct, or through the representative or relevant organ according to the legislation.

(4) Any child cannot be forced to share this or that opinion, to adjoin this or that religion contrary to own beliefs. Liberty of conscience of the child is guaranteed by the state, it shall be shown in the spirit of toleration and mutual respect.

(5) Parents or persons, it is legal replacing them, have the right to raise children according to the beliefs.

Article 9. Right to development of mental capacities

The state provides to all children equal opportunities and conditions for assimilation of cultural values, supports creation of various public and public institutions promoting development of creative capabilities of children, provides their availability, promotes according to the legislation to the edition of children's newspapers, magazines and books, release of movies, exit of radio - and telecasts for children.

Article 10. Right to education

(1) Each child has the right to free education on state or in other language at comprehensive schools, to continuation of study in technical training colleges, lyceums, colleges, higher educational institutions according to the legislation.

(2) Children with limited opportunities have the right to study at the special schools acting on the basis of relevant provisions.

(3) orphan Children and children without parental support, have the right to free training and content in all educational institutions.

Article 11. Right to work

(1) the Child has the right to independent labor activity according to the age opportunities, the state of health and professional training with payment according to the labor law.

(2) with the consent of parents or persons, it is legal replacing them, children are allowed to the feasible labor activity combined with study since 14-year age. State bodies create reserve of workplaces for children, special services on their employment.

(3) the State protects the child from economic exploitation and from accomplishment of any work constituting danger to his health or serving as obstacle in receipt of education by it or causing damage to its physical, intellectual, spiritual and social development.

(4) Participation in work of children with limited opportunities is performed by creation by the state of the relevant network of the companies and services.

(5) Forced involvement of the child to work in any form involves legal responsibility.

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