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In accordance with article 50, paragraph 1 of the Constitution of the Republic of Macedonia and article 12 of the Rulebook of the Constitutional Court of the Republic of Macedonia, Civic Movement “WAKE UP!” submits:
Initiative for evaluating the constitutionality Of: Article 30-1, paragraph 1 of the Law on changing and amending the Law on Protection of Children
At the session held on 25 July 2008, the Parliament of the Republivc of Macedonia adopted the changes and amendments to the Law on Protection of Children. With a Decree of the President Branko Crvenkovski nr. 07-3192/1 of 25 July 2008, the Law on Changes and Amendments to the Law on Protection of Children is proclaimed and subsequently published in the Official Gazette nr 98 of 04 August 2008. In accordance with article 30, paragraph 1 of the law on Changing and Amending the Law on the Protection of Children, a mother is eligible for a parental addition for a child for her second, third and forth born child if she lives in a municipality with a natural birth grow of under 2.1 according the statistical data of the State Statistical Office of the Republic of Macedonia for the previous year. With regards to the fact that this Law, in particular article 30 paragraph 1 of thje Law, is in contradiction with the Constitution of the Republic of Macedonia, Civic Movement “WAKE UP!” Skopje, submits this initiative before the Constitutional Court of the Republic of Macedonia to evaluate its constitutionality because this legal provision is breaching the fundamental values of the constitutional order of the Republic of Macedonia foreseen by article 8 as well as by article 9 of the Constitution of the Republic of Macedonia. According to the Constitution of the Republic of Macedonia, one of the fundamental principles of the Republic of Macedonia, stipulated by article 8, paragraph 1, point 8, is humanism. According to article 9, paragraph 1 of the Constitution, citizens of the Republic of Macedonia are equal in their rights and freedom, regardless of their gender, race, ethnic or social background, political or religious beliefs or their societal position. According to article 9, paragraph 1 of the Constitution, all citizens of the Republic of Macedonia are equal before the Constitutional and the laws. The disputed legal provision, article 30-a paragraph 1 of the Law on Changing and Amending the Law on the Protection of Children, is a provision in contradiction with the Constitution of the Republic of Macedonia as it contradicts basic constitutional norms and principles upon which the society in Macedonia is built. This unfortunate and tendentious legal solution does not reflect the multiethnic, multicultural and multireligious character of the country and in case the Constitutional Court does not dispute of this Law, “WAKE UP!” will address all international organizations for human rights and freedom. In accordance with article 51, paragraph 1 of the Constitution of the Republic of Macedonia, the laws must be in accordance with the Constitution and all other regulations must be in accordance with the Constitution and the Laws. In accordance with article 51, paragraph 2 of the Constitution of the Republic of Macedonia, all are obliged to respect the Constitution and the Laws. With regards to the fact that article 30, paragraph 1 of the Law on Changing and Amending the Law on Protection of Children is not in accordance with the Constitution of the Republic of Macedonia and upon the submission of this initiative, we ask the Constitutional Court of the Republic of Macedonia, according to article 11 of the Rulebook of the Constitutional Court of the Republic of Macedonia to make a decision on the Evaluation of the Constitutionality and upon completion of the procedure in accordance with the Rulebook of the Constitutional Court of the Republic of Macedonia to make a DECISION for annulling article 30-a of the Law on Changing and Amending the Law on Protection of Children. The Law should be equal for all or it should be overruled. |