At the hearing of 20 April 2021, the Constitutional Court, in the context of the review of laws following promulgation, unanimously upheld the exception of unconstitutionality formulated directly by the People’s Advocate and found unconstitutional the syntagm „under 16 years of age” contained in the provisions of Article 26 (1) ind.1 of the Government Emergency Ordinance No 158/2005 on the medical leaves and health insurance benefits, as subsequently amended and completed.
The provisions of Article 26 (1) ind.1 of the Government Emergency Ordinance No 158/2005, as subsequently amended and completed, read as follows: „In the case of a child with a serious illness, the insured persons are entitled to leave and allowance for the care of a sick child under 16 years of age.”
The Court found that the difference in the legal treatment resulted from the syntagm „under 16 years of age” has no objective and reasonable justification, establishing discrimination on the grounds of the age of a child with a serious illness, which is contrary both to the provisions of Article 16 (1) of the Constitution, the phrase referring to the forbiddance of discrimination and to the provisions of Article 49 of the Constitution on children special protection. Since the phrase referring to the prohibition of discrimination contained in Articled 16 (1) of the Constitution is incidental, the specific constitutional remedy is the granting of the right to leave and allowance for the care of the sick child under 16 and 18 years of age.
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The decision is final and generally binding.
The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department of the Constitutional Court