UPR Sexual Rights Database

National Report:
Para 121) With regard to recommendation 27, it is to be noted that the National Health Programs implemented by the Ministry of Health have constantly provided for an increased access to services of sexual and reproduction health, especially for marginalized groups.

Stakeholder Summary:
Para 12) JS2 reported about discrimination against and segregation of women living with HIV in hospitals and cases of breach of confidentiality of patients' HIV positive status by medical personnel. JS2 highlighted the denial or hindrance of access to medical assistance during childbirth for women living with HIV and failure by some healthcare providers to take special measures to prevent HIV transmission from mother to child. The occurrences of refusal of gynecological consultations, post-abortion health care or the performance of abortion to women with HIV positive status by public health care resulted in cases of patients not treating their diseases, resorting to self-medication or unsafe abortion or not declaring their HIV status when accessing health care services. JS1 recommended that Romania raise public awareness to combat all forms of discrimination against people living with HIV / AIDS, primarily addressing the communities in rural areas.

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.