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16 March 2005 of the ministry of Labour, Employment and Health, the following should
be considered to fall within the definition of emergency care:
- care of minors;
- pregnancy (preventive pre-natal and post-natal examinations, care provided to
pregnant women and to new-borns);
- abortions and terminations of pregnancy for medical reasons.
B – Assessment of the Committee
149. The Committee recalls that free consultations and screening must be provided for
pregnant women and children throughout the country (Conclusions 2005, Moldova,
Article 11§2).
150. The Committee also recalls that national rules must provide for the provision of
information to the public, as well as its education and participation, with a view to
developing a sense of individual responsibility in health matters. States must in other
words demonstrate, through concrete measures, that they implement a public health
education policy for the benefit of the population in general and the population groups
affected by specific problems (Marangopoulos Foundation for Human Rights (MFHR) v.
Greece, complaint No.30/2005, decision on the merits of 6 December 2006, §§ 216 and
219).
151. In addition, the Committee underlines having found the situation to be in
conformity with the Charter in the field of awareness-raising of the general population
(see Conclusions 2009, France, Article 11§2).
152. However, the Committee considers that special attention should be paid to the
migrant roma population due to their particular vulnerability on health issues resulting
from their poor living conditions. It notes that free and regular consultation and screening
for pregnant migrant roma women and for children may be provided on the basis of the
circular DHOS/DSS/DGAS No. 2005-141 of 16 March 2005 of the ministry of Labour,
Employment and Health. However, it results from the information communicated by
Médecins du Monde and not called into question by the Government that a possibility to
benefit from such consultations and screenings is not sufficient. Public authorities should
take measures to inform those concerned and encourage them to benefit from these
possibilities. The Committee notes that the Government does not mention any concrete
action directed at the migrant roma population in order to inform them and raise their
awareness on health issues, which amounts to a violation of Article E taken in
conjunction with Article 11§2.
153. The Committee therefore holds that there is a violation of Article E taken in
conjunction with Article 11§2.
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