The ombudsman for children’s rights Maia Bănărescu submitted an application to the Constitutional Court by which she pleads for the right to regain the Moldovan nationally of children born on Moldova’s territory by parents who are not citizens of the Republic of Moldova, following a request made by the public association “Lawyers’ Law Center”, IPN reports.
Maia Bănărescu asked the Court to pronounce on the constitutionality of a part from Article 11, paragraph (1) later c) of the Law on the Nationality of Moldova, which she considers is discriminatory and runs counter to provisions of Article 16 (principle of equality), combined with Article 17, paragraph (1) that refers to the right to nationality.
The application says that as a result of the implementation of the current legislation, the children born in the Republic of Moldova from parents who do not have a permit of stay can become stateless persons if the country of origin of the parents (one of the parents) does not offer nationality to children born on the territory of other states.
The ombudswoman also said that when making changes to the Law on the Nationality of Moldova, the lawmakers didn’t take into account the constitutional provisions according to which all the children enjoy a special regime and special protection from the state and the superior interest of the child is key in all areas.
Maia Bănărescu makes reference to the recommendations of the UN Committee on the Rights of the Child, the Convention on Reduction of Statelessness and the European Convention on Nationality providing that any person has the right to nationality and each state should envision the gaining of nationality by children born on their territory or who do not gain another nationality on birth.
