Press Release
The Ombudsman for child’s rights rights pleads for the right to acquire the citizenship of the Republic of Moldova of children born on the territory of our country from parents who are not citizens of the state. The Ombudsman filed a referral to the Constitutional Court.
The People’s Advocate for child’s rights, Maia Bănărescu, requested the Constitutional Court to state on the constitutionality of a phrase from art. 11 para. (1) lit. c) of the Law on the citizenship of the Republic of Moldova no. 1024/2000 in the part related to the conditioning of the granting of the citizenship of the child born on the territory of the Republic of Moldova by the state of legal residence legal form of the parent(s) on the territory of the Republic of Moldova.
In the referral, the People’s Advocate for the child’s rights mentions that, as a result of the application of the current provisions of the national legal framework, children born in the Republic of Moldova of parents who did not have a residence permit may become stateless, in cases where the country of origin of the parents / of one of the parents does not grant their citizenship to children born in the territory of other states or has reservations about them.
The People’s Advocate considers that the contested provision from art. 11 para. (1) lit. c) of the Law on the citizenship of the Republic of Moldova no. 1024/2000, after the operation of the amendments by Law no. 132/2017, is discriminatory and contravenes the provisions of art.16 (principle of equality) in conjunction with art. 17 para. (1) concerning the right to citizenship.
The Ombudsman also points out that by the respective amendments the legislator did not take into account the constitutional provisions in which all children enjoy a special regime and special protection from the state, so the best interests of the child are a priority in all areas. According to art. 50 para. (2) of the Supreme Law, children and young people enjoy a special regime of assistance in the realization of their rights, without making a distinction according to a certain criterion.
From this point of view, the contested provision does not comply with art. 50 para. (2) of the Constitution. The origins of the constitutional text can be found in international acts, among which the most important place is occupied by the United Nations Convention on the Rights of the Child, which enshrines the priority of the interests and well-being of children in all areas of public life.
The People’s Advocate refers to the recommendations of the UN Committee on the Rights of the Child, according to which the best interests of the child are considered paramount and must be balanced with the interests of other parties, including those of the state. The People’s Advocate claims that also in the matter of the citizenship of the child born on the territory of the Republic of Moldova his superior interest must be taken into account with priority.
In the referral, the Ombudsman also refers to the provisions of the Convention on the Reduction of Statelessness, according to which any Contracting State shall grant its nationality to a person born on its territory who would otherwise be stateless (Article 1 para. 1). As well as the European Convention on nationality, which stipulates that every person has the right to a nationality (art. 4), and each State Party must provide in its domestic law for the acquisition of its citizenship by children born on its territory which do not acquire another citizenship at birth (art. 6 para. (2).
The issue came to the attention of the People’s Advocate following the address of the Public Association “Law Center of Advocates”, which pointed out the issue related to the acquisition of citizenship of the Republic of Moldova by children born on territory of the Republic of Moldova from non-state parents.
2021/ 05/ 25
Human Rights Promotion and Communication Department
Tel: 060002656
Public Policy and Legislation Department
