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SM ISO690:2012 UNGUREAN, Ivan. Reglementări internaţionale privind adopţia. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2011, nr. 4, pp. 118-129. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 4 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 118-129 | ||||||
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Rezumat | ||||||
Republic of Moldova is a country in transition, which aspires to join the European Union and continues to reform its legal system that will play an important role in promoting the country's European integration. As a result of consecutive democratic transformations experienced by the Republic of Moldova, they have created their own legal basis to conduct the full process of harmonizing national legislation with international standards.
All these items have made the necessary legal mechanisms to protect human rights and fundamental freedoms, including the child. The democratization of all spheres of social life it is given a particular importance to strengthen the family, pragmatic application of normative and legislative acts in force by the government, not only designed to protect state interests, but also, family and society as a separate component. Also, a special role in this process belongs to the continuous movement toward a convergence of legal systems by borrowing those institutions and practices that provide real warranties.
The convergence process and the reform of legislation in the Republic of Moldova, inevitably, involves studying the regulatory framework that exists in other countries, regarding the administration and efficient functioning of institutions taken over. This process led to enactment of institutions and instruments of international law and practice known as institution of ―adoption‖ (I mean the setting of the child in a family).
One of the most effective and welcome forms of education and protecting the rights of children who are deprived of parental protection, is adoption. Adoption is an important measure to ensure state education of children in families and not in institutions for children. How favorable would not be the conditions of children‘s maintenance in state institutions for children, it is recognized that the optimal form of education in the family. Even the most perfect children's educational institution is unable to substitute parents, especially the mother. Scientific facts ―that the disciples boarding institutions have specific development.‖ Young children are ―indolence, apathy, disbelieving. Cognitive activity is low, emotional events are weak, there is not the affection for adults.‖
Adoption represents one of the forms of public protection of children. Most of the state and public organs and organizations, directly or indirectly, are concerned with the legal protection of children, which is always under the control of state and society. All of these, viewed overall, explain why the institution of "adoption" serves as a real and efficient instrument to protect the interests of children. Therefore, by adoption are achieved mutual goals, which are realized in the interests of the child, as well as the adoptive parents. Essentially, adoption has a profound human character, it is infiltrated with concern for the orphans or those deprived of parental care, it longs for assurance of an advantageous form of their care, education and training.
The ratification of the several states of the Hague Convention on the protection of children and cooperation in respect of international adoption has influenced the need to amend the national legislation and its harmonization to international treaty to which states are party.
The institution of adoption is governed by the legislation of all Member States of the Council of Europe and the United Nations, but the approach of the principles which should govern adoption, the approval procedure and the legal effects of adoption raises some dissensions. In our opinion, the interests of the child, parental care remained outside, requires the establishment in front of the family, to create those perfect conditions for education and development of children. |
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