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 108) Regarding the prevention and elimination of domestic violence against women (recommendation 13), Law no. 217/2003 on preventing and combating domestic violence has been recently substantially amended by Law no. 25/2012. One of the most important improvements of the law is the introduction of the restriction order, which is a measure of protection for the victim of domestic violence that can be issued by the court. Another specific measure of protection provided by the new law aims to improve the efficiency of authorities to support and advise victims in order to resort to legal means for sanctioning domestic violence cases.

Para 109) Besides the legal improvements, a number of programs with national coverage were dedicated to this field of activity, based on a financing offered from the state budged by the Ministry of Labour, Family and Social Protection.

Para 110) Also, in December 2009, a group of 12 EU Member States among which Romania, presented a proposal for a Directive of the European Parliament and the Council on the European protection order. The proposal was adopted in 2011 (Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order).

Para 111) During the year 2010, at national level 36 informal campaigns were conducted, 19 domestic violence prevention projects and also about 37.000 persons received preventive information. In conducting the activities, external partners have been involved as well.