Map source: Human Rights Watch

last updated 24 November 2008

Contributed by Adela Dinu, Romania National VAW Monitor

Gender Equality

Article 16 of the Romanian Constitution provides for equality for all citizens before the law and authorities. Article 4(2) states that "Romania is the common and indivisible homeland of all its citizens," without any discrimination on account of several protected grounds, including sex. Article 41(4) also sets out the principle of equal pay for equal work between men and women, and Article 48 establishes equality between spouses in marriage.

In 2000, Romania approved a National Action for Equal Opportunities between women and men (Government Decision No. 1273/2000), which addresses equality in five areas: legislation, social rights, economy, decision-making and public awareness. Legislative objectives relate primarily to harmonizing domestic laws with international law, as envisioned in the Romanian plan for EU accession. With regard to social rights, the plan's objectives include increasing efforts to eradicate gender discrimination in employment and incorporating gender equality in the area of family social protection. The plan recognizes domestic violence and seeks to further prevent and combat this problem. Economic objectives include integrating gender equality in economic policies, engendering workforce strategies and merging family and professional lives through family support programs. In terms of decision-making, the plan seeks to balance gender representation. Finally, the public awareness component will seek to publicize information on gender equality and eradicate traditional beliefs about women and men’s roles.

In addition, there are other laws that provide for equality between women and men. Statutory Order No. 129 of 2000 provides for equal rights to access vocational training, without discrimination based on enumerated grounds, including gender. Ordinance No. 137/2000, which prohibited discrimination, was amended by Law No. 48 of 2002 on the Prevention and Sanction of All Forms of Discrimination. Article 1 guarantees equality between citizens in working conditions, recruitment, promotions, access to training, social security, public services, education, and public peace. Article 2(1) defines gender discrimination as differentiation, exclusion, limitation or partiality based on gender. However, affirmative action measures to assist disfavored groups are not considered discrimination (Article 2(4)). Gender discrimination is proscribed in employment (Articles 5, 6, 7 and 8), choice of residence (Article 17), access to public services (Article 10), education (Article 15) and public places (Article 18). Sanctions for violating the law include fines of fifty (16USD) to one thousand RON (295USD) when one person is the object of discrimination, and between one hundred (29USD) to two thousand RON (590USD) when a group of persons is the object of discrimination. Article 20 also provides for damages, as well as restorative relief.

In 2002, Romania adopted a law on Equal Opportunities and Treatment for Women and Men, which seeks to eradicate direct and indirect sex discrimination in all areas of public life. Direct gender discrimination is defined as any detrimental “treatment inflicted by reason of one’s gender, pregnancy, maternity, birth or when a paternity leave is granted” (Article 4(a)); indirect discrimination occurs where “apparently neutral criteria or practises affect people belonging to one gender; an exception to this prohibition of indirect discrimination is provided when the criteria or practice can be justified by objective factors, unrelated to gender”.Article 10 prohibits sexual harassment, which is defined as creating an intimidating, hostile or discouraging workplace environment for an employee, or negatively affecting the employee’s promotions or pay when the employee refuses to engage in sexual relations. Employers are required to inform employees of the sexual harassment prohibition through posters. Punishment ranges one hundred fifty (44USD) to one thousand five hundred RON (442USD).

The National Action Plan for Employment 2006 was adopted to assist Romania in the EU accession process. The Plan contains four main aspects, which include improving employability, creating new jobs and entrepreneurial opportunities, encouraging flexibility, and improving equal opportunities for women and men. The implementing government body is the Ministry for Labor, Social Solidarity and Family which, with respect to the four pillars, seeks to increase women in the workforce, assess gender pay disparities, provide education on equal opportunity laws, improve communication between employer associations, trade unions and the Advisory Commission, support the sharing of household responsibilities, and assist women with workforce reintegration following maternity leave. Emergency Ordinance No. 55/2006 amended the Labor Code to more clearly define the grounds upon which employees can be dismissed. Article 5 of the Labor Code provides for equal treatment and proscribes both direct and indirect discrimination. Direct discrimination is defined as, "actions and facts of exclusion, differentiation, restriction, or preference, based on one or several of the criteria stipulated under paragraph (2), the purpose or effect of which is the failure to grant, the restriction or rejection of the recognition, use, or exercise of the rights stipulated in the labour legislation" (Article 5(3)). Indirect discrimination is defined as, "actions and facts apparently based on other criteria than those stipulated under paragraph (2), but which cause the effects of a direct discrimination to take place" (Article 5(4)). Article 154(3) prohibits any discrimination in wages based on several protected grounds, including gender.

Domestic Violence

Domestic violence is common in Romania, and the 2004 Reproductive Health Survey report found that  twenty-nine percent of interviewed women stated that a current or ex-partner abused them verbally at least once in their lifetime. Twenty-seven percent of women said that they had been victims of physical abuse, and three percent had been victims of sexual abuse. Although the phenomenon is widespread at all levels of Romanian society, the Government has failed to provide women with appropriate legal and institutional tools to fight against the abuse although  women were found to be the victims seventy-five percent of the time by the National Data Collection for stopping violence against women. Over 9,300 persons reported being the victim of domestic violence for the year 2007.  However, the law on domestic violence is contradictory to the criminal procedure code, and therefore hard to apply as stated in the Country Report on Human Rights Practices in Romania for 2007.  The criminal procedure code, for example, does not allow restraining orders to be issued.     

As Women 2000 - An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States (hereafter Women-2000) stresses, it is the state's failure to address the issue of domestic violence that "illustrates indifference towards the victims and perpetuate a discriminatory attitude regarding women's status in the family."   There are 53 shelters for victims of domestic violence in Romania and 37 counseling centers for the victims.

Before 2002, there was no specific legislative provision regarding domestic violence. According to Women-2000 in November 2002, the Parliament adopted a new Criminal provision, which stipulates harsher punishment for bodily injuries when the victim is a member of the family (Article 180). According to this provision, "injuries or any other violent actions which cause physical pain are subject to imprisonment between one month and three months or with fine." If the same actions are committed against a family member, the penalty increases to a period of six months to one year or a fine. If serious injuries result, the imprisonment may be increased up to two years. In situations where the violence does not involve a family member, criminal proceedings initiate regardless whether the victim files a complaint. In all other situations, prosecution begins upon complaint by the injured party. Reconciliation between the parties negates criminal responsibility, even when the criminal action has been initiated by the prosecutor.

In addition to the criminal law amendments, a new law targeting the prevention and the punishment of domestic violence was adopted in Romania in May 2003 and is known as Law 217 Romanian Domestic Violence Law. This reform demonstrates the government's efforts to align its legislation to E.U. standards. The new law defines domestic violence as “any physical or verbal action deliberately perpetrated by a family member against another member of the same family, resulting in physical, psychological, sexual suffering or material loss” (Article 2(1)).  Domestic violence also includes encroachments on women's fundamental rights and freedom. The new law addresses the role of social workers, prevention measures, mediation, shelters, protection measures and sanctions. Please visit the section The Advocates Comments on New Domestic Violence Legislation to view the law and commentary on it. The National Agency for Family Protection is charged with implementing protective strategies, training, funding, educating, creating shelters and hotlines, collecting data and setting up rehabilitation centers for both victims and perpetrators.

Romania launched a National Campaign 2006-2008 in accordance with the Council of Europe Campaign to Combat Violence Against Women.  This involved the action of local and regional authorities, Romanian Parliament, and other governmental structures.  The campaign is promoted under the logo “Stop Violence against women”.  Messages such as violence against women represents a serious human rights violation, were disseminated by tv and radio.  The National Agency for Family Protection (NAFP), a specialized body of the Ministry of Labor, Family, and Equal Opportunities was directly involved to change the law, protect the victims, develop other legal tools, and monitor and collect statistical information.

In 2005, a new National Strategy was adopted under Governmental Decision 686 (2005) which outlines the ways to prevent and combat domestic violence.  There is currently another draft proposal of a plan for 2008-2013 to further prevent and combat domestic violence.  In 2008, the ABA released a final report on domestic violence in Romania, about the law and the court system.  This report is investigative of current laws, contains recommendations of legal reform, and how to carry out a judicial pilot training module.  See: ABA-CEELI Releases Report on Domestic Violence in Romania.

Sexual Assault

According to the 2007 Country Report on Human Rights Practices in Romania, there were 459 rape convictions in 2006.  There were 549 reported cases of rape just in the first half of that year.  However, these statistics do not include cases of marital rape, which is severely underreported, given there are no legal provisions recognizing marital rape. Article 217 of the Romanian Criminal Code defines rape as: "sexual intercourse with person of the same or a different sex through coercion or taking advantage of her/his impossibility to self-defense or expression of her/his will." Rape is illegal, but in order to report a rape the victim must file a report in person—relatives or friends cannot do it for them. The prosecution of rape is difficult because it requires a medical certificate and a witness. Most rapists avoid punishment because victims withdraw their complaint or do not file.   The punishment for rape is imprisonment between three and ten years and increases gradually up to twenty years with different aggravating circumstances.

Trafficking

Romania is  a source and transit country for women and girls who are trafficked most heavily to Spain and Italy. For example, International Organisation for Migration (IOM) statistics show that 23% of trafficked women assisted in Kosovo were Romanian.  Trafficking is a criminal offense in Romania, carrying a punishment from three years to life imprisonment under the Criminal Code. Law No. 678 on the Prevention and Combat of Trafficking in Human Beings (2001) defines trafficking as:
Art.12 – “(1) Whoever recruits, transports, transfers, harbors or receives a person, through the use of threats or violence or the use of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or other benefits in order to obtain the agreement of a person who has control over another person with the intent of exploiting the latter, commits a criminal violation of this Law and shall be punished with 3 to 12 years imprisonment and denial of a number of rights.

(2) Whoever engages in trafficking in human beings under the following circumstances:  a) traffics two or more persons at the same time; b) causes the victim to sustain serious bodily harm or serious health problems, shall be punished with 5 to 15 years imprisonment and denial of a number of rights.

(3) If the violation in this Article has resulted in the victim’s death or suicide, the offender shall be punished by 15 to 25 years imprisonment and denial of a number of rights.”

Exploitation of a person is defined in Article 2 as: forced labor in violation of labor laws on conditions, pay, health and security; keeping victims in a state of slavery or using other ways to deprive them of freedom or in a state of submission; compelling a person to engage in prostitution, in pornography, or other forms of sexual exploitation; harvesting of human organs; and engaging in other activities that violate fundamental human rights and liberties.

Articles 26 through 44 address protection and assistance for victims of trafficking. An Emergency Ordinance No. 112 Referring to the Punishment of Some Actions Committed Abroad by Romanian citizens or by persons without citizenship residing in Romania (2002) was passed on 30 August 2001. Any person who recruits, guides or leads another to illicitly cross the borders of a foreign state may be sentenced to prison for two to seven years under Article 2(1) of the Emergency Ordinance. Article 1 punishes any person who illegally crosses the borders of a foreign state by imprisonment between three months and two years.

The problem is that most victims are trafficked through or out of the country under what appeared to be legal means.  Employment agencies, travel companies, and even newspaper advertisements were fronts for the activities.  While the law requires the government to protect trafficking victims, the appearance of legal means and the victims’ own willingness to leave left implementation of the law weak and uneven.

Under international pressure, the Romanian government took several initiatives to combat trafficking in women. In addition to the new law against trafficking, the government also established a national Task Force and an Inter-Ministerial Committee against trafficking. A National Plan on Trafficking in Women and Children has also been adopted. A Center for Victims of Trafficking was established as a part of the Plan. According to the U.S. Department of State, the Human Trafficking Task Force has been active in its efforts to combat trafficking. In December 2005, the Government established the National Agency for Combating Trafficking in Human Beings. During the year 2005 the police identified 1444 cases of trafficking, 104 cases were sent by the border police for prosecution, comprising of 212 trafficking individuals and 287 victims. The first nine months of 2005, 95 sentences were pronounced in cases related to trafficking and 182 persons were accused of trafficking related offenses.  According to the Country Report of 2007, in the first six months of 2007, the government identified 936 victims of trafficking, 528 of them were women with 150 of the 936 being minors.