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

CHAPTER II
the residence of the minor under 14 years old; and the articles 32-
47 insist on all the aspects related to guardianship;
- “Family Code”, no. 1316-XIV of 26.10.2000 (published in the Official
Monitor no.47-48/210 of 26.04.2001), specifies the rights of
children left without parental care for different reasons as well as
parents and guardianship authorities’ duties.
Speaking about laws, the experts concluded: “as the phenomenon is progressing
and is not a latent one, we think that the most important is to
take proactive action that will include immediate changes at the local
level” (III_EC_1).
Another aspect addressed in the research refers to issues connected
to the appointment of a legal guardian for children left behind. In
this context, the experts indicated that at present the guardianship
establishment for children left behind as a consequence of migration
does not function: “many say they are the guardian but do not
have any legal document to prove this fact” (FG_EC_urban). The number
of people who appoint a legal guardian is extremely small: “people
appoint a legal guardian but not in all cases; in 119 cases of a total
of 1800 cases in the municipality Chisinau a guardian was legally appointed”
(FG_EC_urban) and this is usually done in the case of parents
who go abroad on an official employment contract (for example,
to Israel).
The experts pointed out the fact that appointing a legal guardian
requires much time, leading parents to abandon the idea of this form
of protection as they do not have enough time: “they ask us to do this
quickly but we inform them it is necessary to submit an application, to
present documents, certificates and they give up saying they will leave
the child with someone they know. We cannot dictate” (FG_EC_urban).
The experts in the social sphere also mentioned the parents’ ignorance
of the guardianship institution and the advantages for children
and parents, which represents an obstacle in appointing a legal
guardian in case of the parents’ absence: “Many do not know what
guardianship means, what are the responsibilities, they do not understand
what it represents” (FG_EC_urban); “they are not acquainted
with laws” (FG_EC_rural).
Often children come into conflict with guardians, as the latter do
not have a parent’s authority in the relationship with the child: “most
often conflicts between children and guardians appear when they are
teenagers as guardians are reproached by children for telling them what
to do (FG_EC_urban), “grandparents cannot control elder children”
(FG_EC_rural).
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