Rights of the Council of Europe.72 The submission of the domicile criterion is unjustified, in the
conditions in which the parent obtained the right to indemnity meeting the condition of paying the
social insurance contributions for the insurance period established in the legislation. Thus, a
legislative vacuum is created for the situation, when the parent establishes his domicile in another
state, but has the right of permanent or temporary residence on the territory of the Republic of
Moldova, a status that, in fact, does not affect his rights and obligations as an employee, therefore,
an insured person in the Republic of Moldova.
Following the recommendation of the People's Advocate, starting with January 1, 2020, the
rehabilitated victims of political repression during the years 1917-1990 benefit monthly from the
state allowance (500 MDL), regardless of whether or not they are beneficiaries of pensions or social
allowances73.
The People's Advocate appreciates the State's effort in restoring the right to social protection
of victims of political repression, but emphasizes that the issue of recognizing children born in
places of repression as victims of political repression remains unresolved.
It should be mentioned that the People's Advocate proposed to remedy this problem by
making amendments in the provisions of Art.2 of Law no.1225 of 8 December 1992 on
rehabilitation of the victims of political repression, as well as Art.1 of Law no.296 of 23 November
1994 for the interpretation of some provisions of the law on rehabilitation of victims of political
repression, so as to include in the category of victims of political repression all persons who have
suffered as a result of repression, without any discrimination.
With regard to this issue, the Council for Preventing and Eliminating Discrimination and
Ensuring Equality74, also stated that all children born in places of repression or on the way to them,
regardless of whether they come from a marriage concluded until repression, or from a marriage
concluded during repressions, or the children from outside the marriage, are in the same situation they are the children of persons who have been deprived of their liberty, exiled, deported, sent to
forced labour.
I reiterate that, although the State enjoys a wide margin of appreciation in the field of social
security, it is nevertheless obliged to ensure equal and fair treatment for all categories of people
who have suffered as a result of political repression.
72
https://www.ecoi.net/en/file/local/1425569/1226_1519804343_cr-2017-mda-eng.pdf
Law no. 121 of 03.05.2001 on Additional Social Protection of Certain Categories of Population, Article 1.
74
Consultative Opinion of January 22, 2019;
73
45
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