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

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Normative <strong>as</strong>pects<br />

The legislation <strong>of</strong> the Republic <strong>of</strong> <strong>Moldova</strong> partially tackles the issue <strong>of</strong><br />

<strong>children</strong> <strong>left</strong> <strong>behind</strong> <strong>as</strong> a consequence <strong>of</strong> migration but many <strong>as</strong>pects<br />

remain uncovered or have unclear implementation mechanisms.<br />

The interviewed experts proposed the following recommendations to<br />

the legal framework to guarantee <strong>children</strong>’s legal guardianship:<br />

- To revise the laws in force in order to protect the child by monitoring<br />

thoroughly people who take care <strong>of</strong> <strong>children</strong>: “a law should<br />

probably be introduced to stipulate the verification <strong>of</strong> persons appointed<br />

to take care <strong>of</strong> <strong>children</strong>” (FG_EC_urban);<br />

- Local authorities should supervise <strong>children</strong> <strong>left</strong> in others’ care:<br />

“it is necessary to monitor these c<strong>as</strong>es at le<strong>as</strong>t two times a year” (FG_<br />

EC_urban);<br />

- To reorganize guardianship authorities <strong>and</strong> to entitle them<br />

to charge parents who neglect their <strong>children</strong> while working<br />

abroad: “in fact we analyze now certain ways <strong>of</strong> making parents<br />

more responsible <strong>and</strong> here we have mentioned the reform <strong>of</strong> guardianship<br />

authority. By empowering local public authorities with<br />

greater competence they will have the possibility to interfere <strong>and</strong><br />

in some c<strong>as</strong>es penalize families for the bad treatment <strong>of</strong> <strong>children</strong>”<br />

(III_EC_1);<br />

- To make parents more responsible: “we should have a law to<br />

make parents take greater responsibility for their <strong>children</strong>” (FG_<br />

EC_rural);<br />

- To introduce control me<strong>as</strong>ures at the border: “there should be a<br />

legal document to certify who takes care <strong>of</strong> child” (III_EC_3), etc.<br />

On the other h<strong>and</strong>, the experts submitted a number <strong>of</strong> complementary<br />

suggestions for amendments <strong>of</strong> the legal framework which include the<br />

following:<br />

- Sensitizing parents about the appointment <strong>of</strong> a legal guardian, in<br />

this respect parents should be informed about the legal documents<br />

in force: “people who leave abroad should meet certain requirements<br />

in order to be more responsible” (FG_EC_urban); “a legal guardian<br />

should be appointed from the moment one <strong>of</strong> the parents leave the<br />

country but the institution is not informed about it thus it is a very<br />

big problem” (FG_EC_rural); “they should be acquainted with the<br />

necessary documents before going abroad” (III_EC_3);<br />

- Sensitizing parents about the risks family may face in c<strong>as</strong>e they<br />

leave abroad: “it is obvious that we should discuss with this family<br />

<strong>and</strong> explain them clearly the risks that may appear” (III_EC_1);<br />

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