The Macedonian Constitutional Court has initiated a procedure to assess the constitutionality of Article 37, paragraph 1, in the section “born on the territory of the Republic of North Macedonia” of the Law on Child Protection. At this stage of the procedure, as informed by the Constitutional Court, the principle of equality guaranteed by Article 9 of the Constitution is crucial – a child whose parents are nationals of the Republic of North Macedonia acquires citizenship by origin and on that basis must enjoy the same rights as all other nationals.
“The Constitutional Court has rightly raised the question that the contested provision distinguishes between children born in the country and children born abroad, although both have parents who are citizens of the Republic of North Macedonia. According to the Court, the place of birth itself cannot be a basis for restricting a right that belongs to citizens on a completely different basis, i.e. by origin,” the Constitutional Court said in a press release Thursday.
In this regard, the Court expressed doubt that the legislator, without legitimate and reasonable justification, places children born outside the country in a less favorable position, thereby violating the constitutional principle of equality, but also indirectly encroaches on the freedom of movement of citizens.
The Court, taking a hypothetical situation, expressed doubt about the unconstitutionality of the provision, i.e. every pregnant woman has the right to travel freely according to her health condition, and giving birth abroad can also be the result of unplanned or premature circumstances, without there being an intention for permanent emigration. For this reason, the Constitutional Court considers that the place of birth must not be a criterion for unequal treatment of children of Macedonian nationals.
