Report on disaggregating data
on children by ethnicity
Chisinau 2015
Content
Introduction
I. The national legal framework
II. The national data protection framework
I.II The national framework on elimination of all forms of discrimination
I.III National framework on protection of children's rights
II. Definitions and notions
III. Data collection practices
Introduction
Ethnic diversityof the Republic of Moldova is part of the country’s history and culture. It is already a tradition that representatives of different ethnicities live here together in cooperation and understanding. Thus, most of the (indigenous) population identify themselves as Moldovans. The 2014 Population Census data is not available yet, while according to the 2004 Population Census, Moldovans account for 75.8% of the total population, registering an increase by 5.9% as compared to 1989. Besides Moldovans there are also Ukrainians- 8.4%, Russians - 5.9%, Gagauz - 4.4%, Romanians - 2.2%, Bulgarians -1.9% and other nationalities accounting for 1.0% of the total population, living together in the country.For about0.4% of the population nationality was not registered.
Likewise other countries, the most vulnerable ethnic groupis Roma population, this fact being not conditioned by certain specific circumstances in our country, but rather relating to their mentality, culture and lifestyle. The recommendations of the United Nations CEDAW, CESCR, CERD Committees and other bodies of the Council of Europe and OSCE to the Republic of Moldova over the past years reiterate the need of reducing the discrimination based on race, ethnicity and gender of Roma women and girls, and improving their access to education, health, employment, politics and justice.
The report provides general information on the national legal framework governing the notions of minority / ethnicity, as well as the framework related to the access to personal data and to what extent it allows collection, processing and dissemination of statistics with reference to ethnicity. A separate chapter revealsthe situation regarding the availability of indicators and data sources reflecting the features of population according to minority / ethnicity criteria.
I. The national legal framework
Having become part to a series of international acts that promotethe fundamental human rights, the Republic of Moldova has also directly committed to undertake actions to ensure respect for human rights, including the rights of ethnic minorities. The Universal Declaration of Human Rights (ratified by the Republic of Moldova in 1990), the European Convention on Protection of Human Rights and Fundamental Freedoms (partially ratified by the Republic of Moldova in 1997), the International Convention on the Elimination of All Forms of Racial Discrimination (1993), the Convention on Protection of National Minorities (1996) should be mentioned in this context.
Moreover, a number of legislative acts to protect the rights of ethnic minorities were passedat the national level in order to align to the international standards and fulfill the undertaken commitments. The entire legal framework related to the rights and protection of national minorities in the Republic of Moldova is mentioned in the Annex (see Annex1). Also, an institutional framework (public institutions) was developed to protect the rights of persons belonging to national minorities (see Annex 2).
The national legal framework to prevent and combat discrimination is primarilybasedon the clauses of the Moldovan Constitution[1], where Art.1 guarantees human freedoms,Art.6 stipulates the equality of citizens before the law and public authorities, also containingthe main criteria of equality and non-discrimination: all Moldovan citizens are equal before the law and public authorities without distinction of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth or social origin.
II. The national data protection framework
Thepersonal datacollection and processing is regulated by the Lawon Personal Data Protection[2] aimed at ensuring protection of fundamental rights and freedoms of individuals with regard to personal data processing, especially the right to inviolability of the intimate, family and private life. According tothis law personal data shall be deemed any information relating to an identified or identifiable natural person (subject of the personal data). The identifiable person is the one who can be identified, directly or indirectly, by reference to an identification number or to one or more elements of such person’s physical, physiological, mental, economic, cultural or social identity.
Art. 3 of the Law establishes certain special personal datacategories, namely: data revealing a person’s racial or ethnic origin, political, religious or philosophical beliefs, social class, data concerning health or sex life, as well as data concerning criminal convictions, coercive procedural measures or penalties for minor offenses. Therefore, data on ethnicity are part of the personal data, and as long as such data are collected, it is necessary toensure confidentiality of such information at all stages of collection, processing, dissemination and storage.
Generally, national legislation does not specify any prohibitions or exceptions to data collection, if "data is collected for specified, explicit and legitimate purposes, and will not be subsequently processed in a way incompatible with such purposes. Further processing of personal data for statistical, historical or scientific research purposes shall not be considered incompatible with the purpose of collection if carried out in compliance with this Law, includingthe notification of the relevant authority, the National Centre for the Protection of Personal Data, and provision of guarantees regarding processing of personal data, envisaged by the rules governing statistical activity, historical and scientific research'[3]. Also, the Law stipulates the need to obtain consent for personal data collection, except where data processing is neededfor statistical purposes, historical or scientific research, and to ensure that personal data remain anonymous throughout processing.
At the same time, according to the Law on Official Statistics[4], statistical confidentiality is the protection of individual data of individuals and legal entities. The information collected, processed and stored for the purpose of statistics production shall be confidential if it allows direct or indirect identification of individuals or legal entities and reveals individual data. According to this Law, individuals shall not be required to provide personal information regarding ideological beliefs, political affiliation, criminal record, health and intimate life.
With reference to population census, where data on ethnicity are collected as well, the Law on the Population Census[5]stipulates thatdata from the census questionnaires shall be treated as confidential information which cannot be disclosed and which shall be used exclusively for statistical purposes. The data obtained in the census cannot be used for purposes that could morally or materially damage the person, or may hinder his/her rights and freedoms. Processing of data from census questionnaires shall be carried outin a manner ensuring that such data is anonymousand protected against unauthorized access, and prevents theft, loss, distortion or falsification. The obligation not to disclose personal information obtained during the census is stipulated in the service contracts concluded with the temporary staff hired for the census.
I.II The national framework on elimination of all forms of discrimination
The Law on Equality No. 121 of 25.05.2012[6]is the only special normative framework governing the prevention and elimination of discrimination and ensuring equality, and implements the principle of equal treatment ofpersons irrespectiveof racial or ethnic origin. The purpose of this law is to prevent and combat discrimination and ensure equality for all persons in the Republic of Moldova in the political, economic, social, cultural and other spheres of life, irrespective of race, color, nationality, ethnic origin, language, religion or beliefs, sex, age, disability, political affiliation or any other similar criteria.
Adoption of this law created the necessary framework for the implementation of the Council Directive 2000/43 / EC of 29 June 2000 for applying the principle of equal treatment of persons irrespective of race and ethnicity. In conformity with this law discriminationis"any distinction, exclusion, restriction or preference in rights and freedoms of a person or group of persons, as well as supportof the discriminatory behavior based on real criteria stipulated by this law or presumed criteria."
The Law provides an exhaustive list of protective criteria such as: race, color, nationality, ethnic origin, language, religion or beliefs, sex, age, disability, political affiliation, sexual orientation, social origin, property, health, HIV / AIDS , etc. The criteria highlight a number of possible forms of discrimination, i.e. ways of displaying unfair behavior towards a person. The form of discrimination as defined in this law - "racial segregation" implies any action or inaction that leads directly or indirectly to separation or differentiation ofpeople on the basis of race, color, national or ethnic origin.
Based on this Law, the Council for prevention and elimination of discrimination and equality assurance was created, which tasks are stipulated in the Law on the Council's Activity[7]. One of the duties of this Council is to collect information on the scope, status and trends of discrimination at the nationallevel and prepare studies and reports. Anyindividual or legal person may file a complaint by any legal means (post, fax, e-mail) or state it verbally in an audience at the Council for prevention and elimination of discrimination and equality assurance. The Council examines all complaints on any alleged acts of discrimination, including any discrimination by ethnic criteria.
The Law on Equality is complemented by a number of other special laws, such as i) the Law No. 5 on Equal Opportunities for Women and Men, that governs discrimination based on sex and gender[8]; ii) the Law No. 60 on Social Inclusion of People with Disabilities, that determines the notions of "disability" and discrimination based on disability [9]; iii) the Law No. 64 on Freedom of Expression, that defines the discourse instigating hatred[10].
The National Minorities IntegrationStrategy for the Republic ofMoldova (draft)[11]is the main strategic framework document that sets out medium-term objectives (6 years) and determines the national mechanisms for strengthening the civic belonging to the state of the Republic of Moldova, ensuringthe necessary conditions for learning and use of the state language by the national minorities, including adults,promoting the languages of national minorities, ensuring access of national minorities to information and media resources in their own languages, promoting diversity in society, participation of national minorities in public life and facilitation ofintercultural dialogue.
According to the draft National Minorities IntegrationStrategy, one of the main challenges for the efficient monitoring of the strategy implementation is lack of additional, accurate and updated information on the socio-economic and educational situation of persons belonging to national minorities. This hinders the development of well-targeted measures to remedy the existing problems faced by persons belonging to national minorities in terms of participation in public life[12].
Therefore, the strategic document contains a clear objective (Specific Objective 3), namely "Increasing knowledge in the areas related to inter-ethnic relations andimproving ethnic statistics in Moldova". The planned priority actionsinclude improvement ofcollection and analysis of data on ethnic relations (including data disaggregated by gender), languages and other criteria that may contribute to the development of sectoral policies on integration in line with international standards on protection and collection of personal data.
I.III National framework on protection of children's rights
With the ratification of the UN Convention on the Rights of the Child, R. Moldova has made certain commitments to promote the rights of every child and has made significant efforts in this context by drafting a number of regulatory acts that had direct impact on the Convention implementation.
In 1994 the Law on the Child’s Rights[13]was adopted, which stipulatesthat the State shall guarantee every child the right to a standard of living appropriatefor his/her physical, intellectual, spiritual and social development. The Law also expressly states that "all children have equal rights irrespective of race, nationality, ethnic origin, sex, language, religion, belief, wealth or social origin."
In the context of thechildren's rights to protection the Lawon Special Protection of children at risk and children separated from their parents[14] should be mentioned.This law sets out procedures for identification, evaluation, support, monitoring and registration of children at risk and children separated from their parents, regardless of the ethnic group to which they belong, once they have been identified as being at risk. According to this Law, children shall benefit from protection without discrimination, regardless of race, color, sex, language, religion, political or other beliefs, nationality, ethnic or social origin, status achieved by birth, financial situation, the degree and type of disability, specific aspects of raising and education of children, their parents or other legal representatives, of their location(family, educational institution, social service, medical facility, community (Art. 2).
The Education Code[15]stipulates that in the regions traditionally or mostly inhabited by persons belonging to national minorities, if there is a sufficient demand, the State shall ensure, within thepossibilities of the educational system, that persons belonging to those minorities have the appropriate conditions for learning in that minority language or receivingeducation in this language at the levelof compulsory education.
The Child Protection Strategy for the years 2014-2020[16]establishesthe strategic framework on children’s rights and preventing child separation from family. The general objectives of this Strategy are aimed at i)ensuring proper conditions for raising and education of children in family environment, ii) preventing and combating violence, neglect and exploitation of children, promotion of non-violent practices in raising and education of children and iii) reconciling family and professional activity to ensure growth and harmonious development of the child. The Strategy contains provisions on vulnerable children,the national minorities criterion not being specified.With reference to the availability of data on the situation of children, the Strategy states the need to develop an integrated system for collecting data on the situation of children, while the draft Action Plan for Strategy implementation stipulates collection, processing and inclusion of statistical information on monitoring the situation of children at risk into the Automated Social Assistance Information System[17].
Considering that it is nationally recognized that Roma population is one of the national minorities subjected to a higher risk of discrimination and social exclusion, certain normative acts provide for measures to support Roma integration and implicitly, the need to collect data for this category of population. So, theAction plan on supporting the Roma population in Moldova for 2011-2015[18]supplements the existing framework for improving the Roma situation in relevant sectors (education, health, employment, living conditions, etc.), as Roma children are marginalized in accessing education and health services, decent living conditions.
II. Definitions and notions
Terms / Notion / SourceNational minorities / ethnic group / Individuals residing on the territory of the Republic of Moldova, who are citizens of the country, have ethnic, cultural, linguistic and religious features by which they differ from the majority population-Moldovans, and consider themselves as a differentethnic origin. / The Law No. 382 of 19.07.2001 on the rights of persons belonging to national minorities and the legal status of their organizations.
Nationality / ethnicity / A person’s option to belong to a group of people with common features of civilization and culture, by one or more features related to language, religion, common traditions and customs, lifestyle and other specific characteristics. / Population and Housing Census Handbook 2014
The Law No. 100 of 26.04.2001 on Civil Status Documents
Citizenship / Permanent legal and political bond that generates mutual rights and obligations between the state and the individual.
Citizenship is a particular legal relationship between a person (citizen) and the State, acquired by birth, naturalization, marriage etc. / The Law No. 1024 of 02.06.2000on citizenship of the Republic ofMoldova
Population and Housing Census Handbook 2014
Mother tongue / The first language spoken by the person in early childhood. / Population and Housing Census Handbook 2014
Spoken language / The language a person usually speaks in the family / household, which may or may not coincide with his/her mother tongue (in the case of multiethnic families). / Population and Housing Census Handbook 2014
Religion / Faith or religious or spiritual option, no matter if these are manifested by joining a religious community, or not. It is also defined as a belief, based on which existence of a supernatural power, divinity is recognized, a power or principle based on which people organize their spiritual life. / The Law No. 125 of 11.05.2007 on Freedom of Conscience, Thinking and Religion
Population and Housing Census Handbook 2014
Faith / religious beliefs / System of ideas, principles and doctrines of faith or religious dogmas in which a person believes, which are voluntarily accepted, testified, and which guide a person’s life; / The Law No. 125 of 11.05.2007 on Freedom of Conscience, Thinking and Religion
III. Data collection practices
II.I Population Census
Between 12 - 25 May 2014 the Republicof Moldova conducted the Population and Housing Census (PHC) on the basis of the Law No. 90 of 26.04.2012that transposes the Regulation No. 763/2008 of the European Parliament and the EU Council of 9 July 2008 on population and housing census, and the recommendations of the Conference of European Statisticians, 2010 round. Due to delay in data processing, determined bylack of financial resources, the 2014 PHC data will be available for dissemination in December 2016.
The 2014 PHC methodology implies obtaining of aggregate data on demographic, cultural, socio-economic characteristics, disability, household and familystructure, housing equipment etc., which can be disaggregated by nationality / ethnicitycriterion.
According to art. 7 par. 4 ofthe Law No. 90 "collection ofdata on population and housing shall be carried out by face to face interview and recording the information in the census questionnaires,as provided by respondents on their own responsibilitywithout presentationof supportingdocuments", otherwise speaking by self-identification.
During the 2014 PHC,the nationality / ethnicitywas defined as a person’s option to belong to a group of people with common features of civilization and culture by one or more features related to language, religion, common traditions and customs, lifestyle and other characteristics. Ethnicity should not be confused with citizenship or mother tongue. This may or may not coincide with any of these features (or with both).