specific needs of children and elderly left behind as a ... - IOM Moldova

CHAPTER II
2.1. Normative aspects referring to children and
elderly left behind
• The existing legal framework and problems in ensuring the legal
guardianship of children left behind as a consequence of
migration
Legislation of the Republic of Moldova addressing the issue of children
left behind as a consequence of migration came about in 2008. Till that
period there were no normative documents relating to the protection
of migrants’ children and there were no services oriented towards this
category of children.
The “law on labour migration” no.180/10.07.2008 (published in the
Official Monitor no.162-164/598 of 29.08.2008) for the first time referred
to the category of children left behind as a consequence of migration.
Article 16, letter d, establishes the conditions to be met by
citizens of the Republic of Moldova for temporary employment abroad.
Among these is the necessity to submit to the National Employment
Agency (NAE) a certificate, issued by the official child protection authority
from the place of residence, to confirm the legal guardian of
children who remain in the country. Article 22, paragraph (3), letter
D, stipulates the migrant’s obligation to submit to the National Employment
Agency a copy of the certificate that confirms the guardianship
of children who remain in the country issued by the official child
protection authority from the place of residence.
To fulfill these provisions, the Government of the Republic of Moldova
approved on 15.04.2009 the Decision no.290 “on the approval of rules
of issuing the certificate for the guardianship of a child who remains
in the country but whose parent/guardian, citizen of the Republic
of Moldova, is working abroad temporarily” (published in the Official
Monitor nr.80-81/341 of 24.04.2009). The Decision specifies the
institutions that have the right to issue the certificate for registration
of the child who remains in the country; namely the Social Assistance
and Family Protection Departments and the Municipal Directorate
for Child Rights Protection in Chisinau that exercise the functions of
the guardianship authority. The Decision refers also to the situation
where the child remains in the care of one of the parents, in this case
the applicant should attach to the application a certificate to confirm
parental capability that is issued by the local guardianship authority of
the territorial administrative unit and in the municipality of Chisinau
the certificate is issued by the Child Rights’ Protection Directorate.
If a child remains without a legal guardian as a consequence of migration,
the guardianship authority has to specify the form of social pro-
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