UPR Sexual Rights Database

National Report:
Para 68) Romania’s legal framework ensures the respect of human rights for all persons, without discrimination of any form, as provided by the Romanian Constitution that also mentions the respect and protection of private life. The antidiscrimination law in Romania (Ordinance no. 137/ 31 August 2000, Art. 2.1) is among the most extensive and inclusive, defining discrimination in a very large sense, including discrimination based on sex and sexual orientation. Since 2000 the law includes provisions on combating incitement to hatred and fighting all discrimination forms. Civil society organizations promoting the respect of the rights of LGBTI persons are active in Romania for watchdog, support and rights promotion activities for the LGBTI community in Romania/Bucharest especially. Yearly, Bucharest hosts the annual festival dedicated to support the rights of the LGBTI persons – Pride Week, including a March for Diversity – Pride parade.

UN Compilation:
Para 11) CRC was concerned that …, lesbian, gay, bisexual, transgender and intersex children … continued to face discrimination with regard to access to education, health care and employment, and to their standard of living.

Stakeholder Summary:
Para 7) Save the Children Romania (SCR) stated that Roma children, children … who had identified as lesbian, gay, bisexual and transgender (LGBT) persons continued to be discriminated in sectors such as education or health care.
Para 8) Equality and Human Rights Action Centre (ACTEDO) noted that Roma and LGBT+ persons had reportedly been target of hate speech.
Para 13) EU-FRA stated that the 2011 Civil Code prohibited same-sex partnership and marriage and prohibited the recognition of such partnership and marriages concluded in other countries. Despite this, ACCEP and ACTEDO reported on an initiative to hold a referendum in order to amend the Constitution to specify the legal definition of family as a marriage between a man and women. ACTEDO noted a high level of intolerance displayed towards LGBT+ persons by many public figures during the referendum campaign.
Para 14) ACCEPT stated that gender identity was not explicitly included in the list of criteria of non-discrimination and that the rights of transgender people remained largely ignored by the authorities. There were no official medical protocols and training for professionals on providing healthcare services for transgender persons and very few psychologists and medical professionals were available to provide such services. Medical interventions were not covered by the public healthcare insurance. The legislation on name change obliged transgender persons to go through court procedures. In the absence of clear regulations and laws, the courts issued contradictory interpretation of the law on aspects of gender affirming surgery.

National Report:
Para 91) As concerns recommendations 14-17, regarding the respect for each child's right to identity, the national legislation states clearly obligations and attributions for each local authority as well as procedures to be followed in case of a child is not registered immediately after birth.

Para 92) For the registration of Romanian citizens of Roma minority, the public community local services for person's record acted either on the basis of projects approved at county level, or by implementing PHARE projects, of which we give some examples: the Alba county implemented the project "I have documents, therefore I exist", providing assistance for the Romanian citizens from the Roma ethnic community in order to their legal registration; county and local authorities from the Bacau county in cooperation with Onesti subsidiary of the NGO Roma Party - Pro Europe took some measures for counseling regarding the need and legal obligation to obtain and keep the civil status certificates and the identity documents. Also they were involved in the project called "And we integrate" toimprove the situation of Roma persons; In the county of Brasov a Partnership Agreement between the Brasov Association for Community Partnership and the Directorate for Persons Record of Brasov county was signed, in order to implement the project "I am a citizen, I have rights", with the financial support of Open Society Institute- Budapest; the project ""Kon Shem Me"", Ruhama in partnership with Social Administration from Council of Oradea, facilitated obtaining civil status, property and identity documents for the Roma persons; in the county of Galati was carried out the project ""They also are citizens of Galati County"", financed by European funds, in partnership with the Galati Roma Alliance."

UN Compilation:
Para 39) CRC was concerned at the extent of non-registration of births, which disproportionally affected Roma children, street children, new born children abandoned in hospitals and children born in the home and other settings. It was also concerned at the unduly long procedure of late registration of births. Furthermore, It noted the rise in the number of undocumented children.

Stakeholder Summary:
Para 31) SC-R stated that thousands of children are not registered at birth.