permanently deprived of his or her family environment, or who, in his or her own interest, cannot
be left in that environment, has the right to special protection and assistance from the State164”.
At national level, the child's right to family is guaranteed by Art. 48, 49 of the Constitution
of the Republic of Moldova165, Family Code and chap. III of Law no. 338 of December 15, 1994 on
children's rights 166. Analyzing the compatibility of national legislation with international standards,
there is highlighted a partial compliance with the legal norms stated in this way, the national
authorities are to link the pre-established provisions in the field of protection of the right of the
child to family life to international norms.
As a representative of the children before the public authorities, the People's Advocate for
Children’s Rights asked children how they perceive the realization of the right to family and the
protection of children left without parental care and further presents some of their views on the
subject:
I want my parents home;
My father doesn't live with us;
I was in the care of my grandparents since I was a kid;
When I grow up I will not leave my children;
I want my little sister to live with us;
During 2019, the People's Advocate for Children's Rights prepared the Thematic Report on
"Monitoring the observance of the rights of children left without parental care". The purpose of
the Thematic Report was to monitor the implementation of the UN Convention on the Rights of the
Child in the Republic of Moldova, to determine existing systemic problems in providing adequate
assistance to categories of children at risk and to identify major risks of child rights violations.
During the monitoring process, the following problematic aspects were detected:
Discriminatory attitude from society. According to the accumulated data, it is
found that children left without parental care face problems of social inclusion,
have many psychological problems, frustrations, distrust, tendency to self-isolation,
etc. The situation is also exacerbated by the lack of specialists in the field of
164
https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
https://www.legis.md/cautare/getResults?doc_id=111918&lang=ro
166
https://www.legis.md/cautare/getResults?doc_id=94939&lang=ro
165
94
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents