The children of victims of political repression who were born on the way to or in places of repression will be recognized as victims of repression and will this way benefit from the social protection stipulated by law. The Constitutional Court declared unconstitutional the legal provision stipulating that this category includes only children born in marriages registered before the repression, IPN reports.
The CC pronounced following an application filed by MP Octavian Țîcu, who raised the problem of ensuring of equality of rights of all the victims of political repression during the totalitarian regime.
The Court noted that the observance of the principle of equality implies the provision of the same advantages to all the persons in a similar situation, except for the case when it is proven that the differentiated treatment is justified objectively and reasonably. The differentiated treatment of persons born in places of repression or on the way to them lacks a legitimate goal and cannot be justified objectively and reasonably.
According to the CC, until the legislation is amended in accordance with this judgment, the children of victims of political repression who were born on the way to or in places of repression will be recognized as victims of repression, if at least one of the parents is a victim of political repression.
The judgment is definitive, takes effect when it is adopted and is published in the Official Gazette.