E/C.12/MKD/CO/2-4
Sexual and reproductive health
49.
The Committee is concerned at the acute shortage of gynaecologists in the State
party, particularly in rural areas and areas with a predominantly Roma population; at the
limited access to information on sexual and reproductive health, particularly among young
people, and the inadequate and outdated sex education at school; and at the limited access
to modern contraception, particularly among women and girls. It is also concerned that the
Law on Termination of Pregnancy of 2013 introduced severe penalties which can be
imposed on medical practitioners who perform emergency abortions if it is later determined
that the abortion did not comply with the conditions set forth in article 13 of the Law; this
may have a chilling effect on medical practitioners and thus lead to unsafe abortions being
practised in emergency situations. The Committee’s view on mandatory counselling prior
to abortion is that such counselling is acceptable only if it is neutral and supports the free
and informed choice of the women seeking to terminate her pregnancy (art. 12).
50.
The Committee recommends that the State party take all measures necessary to
increase the number of gynaecologists in the country and to ensure that all women
have access to gynaecological health services within their municipality, particularly in
Suto Orizari; make information on sexual and reproductive health available to the
general public; improve school education on sexual and reproductive health that is up
to date, age appropriate and based on a human rights perspective; and ensure that
modern contraception methods are affordable to all, including by adding
contraceptives to the list of medicines covered by the Health Insurance Fund. It also
recommends that the State party review the restrictive provisions of the Law on
Termination of Pregnancy. It draws the attention of the State party to its general
comment No. 22 (2016) on the right to sexual and reproductive health.
Drug use
51.
The Committee is concerned at the increase in the number of drug users, particularly
among Roma children; at the removal of reference to harm reduction programmes for drug
users in the new National Strategy on Drugs 2014-2020; at the introduction of provisions in
the Law on the Control of Narcotic Drugs and Psychotropic Substances that regulate the
medical use of cannabis but also introduce criminal sanctions for drug possession for own
consumption; and at the lack of clarity on the funding of the programmes on drug
prevention and harm reduction beyond the support provided until the end of 2016 by the
Global Fund to Fight AIDS, Tuberculosis and Malaria (art. 12).
52.
The Committee recommends that the State party take effective measures to
reduce drug abuse; to reinstate harm reduction programmes in the National Strategy
on Drugs 2014-2020; provide sufficient support for the implementation of the strategy
and to ensure the maintenance of the programmes funded by the Global Fund to Fight
AIDS, Tuberculosis and Malaria; and review the restrictive provisions introduced in
the Law on the Control of Narcotic Drugs and Psychotropic Substances.
Right to education
53.
While taking note of the efforts of the State party in this area, the Committee is
concerned that school enrolment and retention rates have decreased, particularly for Roma
children, among whom the level of academic performance remains disproportionately low
at both primary and secondary levels. It is also concerned that a disproportionately high
number of Roma children continue to be classified as persons with psychological
disabilities and, consequently, are overrepresented in special schools and special classes in
mainstream schools (arts. 13 and 14).
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