UPR Sexual Rights Database

National Report:
Para 100) As for recommendation 15, taking into consideration the particular aspects met in the case of Romania, the measures adopted in order to prevent and combat child prostitution were considered as part of the whole legal framework concerning the protection and promotion of children rights.

Para 101) Between the main national authorities at central and local level cooperation mechanisms were established which allowed the approval of all necessary legal, administrative and educative measures meant to ensure an adequate protection of children against any form of trafficking, including their own parents as well.

Para 102) The 2007 Lanzarote Convention on the protection of children against sexual exploitation and sexual abuse was ratified by Romania by Law no. 252 from 14th of December 2010, published in the Romanian Official Journal no. 885 of 29 December 2010. Furthermore, Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography and replacing Council Framework Decision 2004/68/JHA was adopted. Romania participated in the negotiation process of the latter Directive, now being in the phase of transposing its provisions. The deadline for the transposition into domestic legislation is 18 December 2013.

Para 103) Government Decision no. 49/2010 approved a common methodology for the intervention in cases of children exploited or being at risk of being exploited through labour, children victims of trafficking in human beings and Romanian migrant children victims of other forms of violence found on the territory of other states.

National Report:
Para 69) In Romania, the persons having HIV or AIDS are legally perceived as persons with disabilities. Thus, they benefit from all protective measures specifically aimed at this mentioned group. HIV-positive pregnant women are monitored in nine Regional HIV Infection Surveillance Centers where, after HIV infection has been confirmed, any person, regardless of age, gender, nationality, sexual orientation, is recorded, clinically and biologically monitored and provided specific antiretroviral therapy immediately after diagnosis. The management of HIV-positive child and adolescent patients complies with the 2013-2014 Guidelines for ARV Therapy, containing a separate chapter for this age group. Between May 2014 and August 2016, ‘Prof. Dr. Matei Balș’ National Institute of Infectious Diseases from Bucharest, as Project Promoter, under the coordination of the Ministry of Health as Program Operator, implemented the project ‘Improving HIV/AIDS and Hepatitis B and C Prevention and Control in Romania”, as part of the 2009-2014 Norwegian Financial Mechanism.

Stakeholder Summary:
Para 31) JS3 stated that health care units refused to treat women living with HIV for obstetrics and gynaecological needs, leading to cases when patients did not receive adequate medical treatment, resorted to self-medication or unsafe abortion, were subject to discrimination and did not declare their HIV status when accessing healthcare services. Cases of discrimination against persons living with HIV in healthcare services remained unpunished and undocumented.

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.

National Report:
Para 43) Concerning persons living with HIV/AIDS and given also recommendation 9, in addition to the aspects presented within the mid-term report, we underline that people newly diagnosed with HIV infection are clinically and laboratory evaluated, based on ECDC/WHO criteria, and included in the antiretroviral therapy. Efforts are made in order to avoid therapy discontinuity and patient drop-out.

UN Compilation:
Para 52) CRC was concerned that the proportion of young people, including adolescents, among those recently diagnosed with HIV/AIDS was high and that children affected byHIV/AIDS often experienced barriers in accessing health services. UNICEF reported that the rate of mother-to-child transmission of HIV increased in 2010 due to the fact that one third of HIV-positive mothers were not receiving either treatment or preventive care during pregnancy.

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.