The Foundation for the Defense of the Citizen Against State Abuses (FACIAS) will sue the Executive for discriminatory measures to reduce the monthly allowance and the period of parental leave.
According to the Civil Code, "the conceived child is deemed to exist". Thus, the conceived child becomes a subject of law even before birth.
Therefore, the Emergency Ordinance no. 111/2010 of the Boc Government violates the principle of equal treatment, because both children who will be born by the end of 2010 and those who will be born after 1 January 2011 were conceived before the entry into force of the Emergency Ordinance which modifies both the amount of child-raising allowance and the period of leave.
Parents who decided to conceive a child before the entry into force of Government Emergency Ordinance 111 (1 January 2011) should not be subjected to discriminatory treatment, as they relied at the time of conception on a legal framework that provided for a certain period of leave and a certain amount of monthly allowance.
The regulations on these reductions will affect both the parents and the children who will come into the world later, being deprived of equal rights.
FACIAS considers that the Government's normative act regarding the reduction of the monthly allowance and the period of parental leave must be implemented for parents who will decide to conceive a child after 1 January 2011, the date on which Emergency Ordinance 111/2010 will come into force.