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.
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.

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.
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 85) Law no. 272/2004 on the Protection and Promotion of Children’s Rights was amended and supplemented through Law no. 257/2013 which provides special rules for the protection of children whose parents work abroad. The amendments also clarified the role of each institution involved in providing children with identity documents. Pursuant to this law, the child shall be registered immediately after birth and the birth certificate issued within 24 hours of birth. When the birth takes place outside a health facility, the family doctor is requested to ascertain the birth within 24 hours and issue a birth certificate.
Para 103) From a legislative perspective, one of the practical measures recently taken to ensure birth registration was the drafting and approval of Government Emergency Order no. 33/2016 amending and supplementing certain legal acts concerning vital records and identity documents of Romanian citizens and Government Decision no. 801/2016 laying down procedures for the collection and deletion of data related to people with a declared identity and amending and supplementing certain legal acts concerning the consistent application of civil and population registration provisions.
Para 104) Amendments were made to address the situation of children whose identity could not be proven and who were, therefore, denied fundamental rights as relevant legislation provided that certain procedures had to be implemented and documents presented in order to register the birth, which could delay birth certificate issuance and, consequently, access to various services. The Law regarding civil status was modified in 2016 in order to introduce responsibilities for the medical professionals in order to protect children abandoned in hospitals. The National Authority for the Protection of Child Rights and Adoption (NAPCRA) drafted a legal act approving the methodology for the fulfilment of duties assigned to local public administration authorities, institutions and professionals involved in the prevention of and intervention in cases of children at risk of abandonment or abandoned at healthcare facilities, which was approved under Government Decision no. 1103/2014.

UN Compilation:
Para 58) The Office of the United Nations High Commissioner for Refugees (UNHCR) reported that the 2016 amendments to the legal framework related to birth registration had simplified procedures in order to reduce the number of children who remained unregistered.
Para 73) The CEDAW was concerned at the low rates of birth registration of Roma children.