The French Constitutional Council on Thursday extended the right to pensions to victims of violence during the war of national liberation to all persons including Algerians who resided then in the country, regardless of their nationality.
The Constitutional Council was seized by Abdelkader K., a victim at the age of 8 years of violence related to the then conflict in Algeria.
The French institution thus censored the words “of French nationality” which until then was reserved exclusively to French nationals concerning the advantages granted to the victims.
The complainant challenged an article of a French law of 1963 establishing the compensation scheme for French nationals who suffered physical injury in Algeria between 31 October 1954 and 29 September 1962.
The Constitutional Council noted in its decision that the purpose of the contested provisions was “to guarantee the payment of annuities to persons who suffered physical injury resulting from violence that occurred in a territory occupied by France at that time”.
The members of the institution say that France “could, without disregarding the principle of equality before the law, establish […] a difference of treatment between the French victims and those of foreign nationality, who resided on French territory at the time regarding the damage they suffered.
Finally, the Constitutional Council considers that this difference in treatment is no more acceptable as regards the beneficiaries of the deceased victims.