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Via Stop Violence Against Women
 
http://www.stopvaw.org/National_Plan_of_Action20.html
 
ROMANIA NATIONAL STRATEGY & PLAN OF ACTION TO COMBAT FAMILY VIOLENCE
 
Contributed by: Adela Dinu, Romania National VAW Monitor

During recent years, Romania took a series of legislative measures to ensure the respect of women’s rights. The main priority areas for these measures are: the prevention and fight against family violence, combating trafficking in human beings and promoting equal opportunities for men and women.

The National Strategy regarding the Prevention and Combating of Family Violence and the National Plan for the Implementation of the National Strategy regarding the Prevention of and Combating of Family Violence

The family is considered the main cultural model in educating children and the state’s responsibility resides in creating the necessary framework to find solutions for the prevention of family violence and to support victims of family violence. The National Strategy regarding the Prevention of and combating Family Violence was adopted as a response to these needs.

In its introduction, the strategy considers the general context of Romania where public social services are underdeveloped, most of them being provided by the nongovernmental sector. It also mentions the results of a study conducted by the Centre Partnership for Equality, revealing that 16,2% of the adult Romanian population experiences family violence in one form or another. Triggering factors are mentioned, such as alcoholism, poverty, socialization in a violent environment and the patriarchal family model.

The National Strategy mentions the new Penal Code, approved through Law 301/2004, which stipulates a special measure for the prevention of family violence, i.e. “the interdiction to return to the family residence at the request of the injured party, this measure being taken temporarily during penal procedures or trial”(Art. 134). this Penal Code is scheduled, however, to be implemented beginning on starting 1 September 2008.

The only provision of the current Penal Code providing the possibility of forbidding the perpetrator from returning to the family residence is Art. 1181: “A person may be sentenced to jail for a period of at least one year for hitting or for any other acts of violence causing physical and psychological suffering committed against a family member and if the court decides that the person’s presence in the family residence constitutes a great risk for the other members of the family at the injured party’s request. This measure can be taken for a period of 2 years.”

The strategy aims to harmonize the reform processes in areas, such as social protection, local administration, the justice system, health, and education, to synchronize the processes developed for the social reintegration of persons affected by family violence.

The main objectives of the plan are:

  • The improvement of the legal framework necessary for the organization and functioning of the social service system specialized in the area of preventing of and combating of family violence.
  • Strengthening the institutional capacity of the central and local public administrations to implement and develop specialized social programs and services for persons affected by family violence.
  • Develop a culture of partnership and social solidarity in the development of policies referring to the prevention of and combating family violence at the national level.
  • Hold responsible Romanian society on the issue of family violence.
  • Active participation and involvement of the Romanian state in actions at the international level regarding the prevention of and combating the family violence phenomenon.

The National Plan for the Implementation of the National Strategy regarding the Prevention of and Combating Family Violence stipulates the operational objectives and activities in the area of family violence.

In this sense, the operational objectives of the National Plan include:

  1. The completion and harmonization of existing legislation in the area of preventing and combating family violence in order to integrate it into a general framework of social policies.
  2. The development of capacities of local and county public authorities to identify social problems, develop and implement policies, programs and projects in the area.
  3. An analysis of the causes of domestic violence, its forms, and vulnerable groups in different types of communities.
  4. The development of common social services specific to the prevention of and combating of domestic violence, which consider the complexity of the phenomenon, needs of beneficiaries, culture, age and gender differences.
  5. Create a national information system to register and report cases of family violence.
  6. Evaluate financial and human resource needs according to those identified and identify local, national and international resources.
  7. Develop of human resources in the area.
  8. Create a community support network.
  9. Develop nonviolent attitudes and behaviors in order to achieve the objective of “zero tolerance” toward family violence.
  10. Promote public dialogue in order to raise public awareness on the negative results of family violence.
  11. Develop collaborations between state and international bodies involved in the prevention of and combating of family violence.
  12. Monitor and evaluate activities developed in order to prevent and combat family violence.

National Strategy against Trafficking in Human Beings (2006 – 2010)

Beginning in 2001, Romania elaborated and passed domestic legislation and developed formal structures to fight trafficking in human beings.

The monitoring report of the European Commission presented in May 2006 recognizes the progress made by Romania regarding the fight against human trafficking, especially with regard to trafficking networks. It considers that Romania remains more a transit country than a country of origin or destination.

Under Order no. 1806( 2 July 2004) of the Ministry of Justice, made effective by CSM Decision No. 269(6 July 2005) a network of judges specialized in solving cases of trafficking was established.

Government Decision 1584/2005 approved the creation and organization of the National Agency for Preventing Trafficking and Monitoring Assistance Granted to Victims of Trafficking.

Concrete measure addressed directly to the victim are:

  • psychological counselling,
  • free legal assistance,
  • financial compensation granted by the state to victims

Action priorities in the area of trafficking refer to several general domains each with specific objectives and activities.

Monitoring and evaluation of the trafficking phenomenon by creating and developing a national, centralised system of data regarding human trafficking, including statistics on prevention and assistance provided for the social reintegration of victims.

Research and periodic evaluations of the characteristics, dimensions and evolution of the human trafficking phenomenon focuses on several specific objectives:

  • improving coordination of the national anti-trafficking system coordination,
  • strengthening the role of the National Anti-Trafficking Agency, the coordinator of activities in this area,
  • improving coordination in the are of trafficking with children,
  • improving coordination in the area of victims assistance,
  • improving institutional capacity,
  • monitoring and evaluating implementation of the National Strategy and Action Plan,
  • identifying financial resources.

Prevention activities within the national plan and strategy have changed their approach. The focus has moved from awareness-raising among the population through mass media to reducing the vulnerability of target groups to trafficking by investigating the phenomenon.

Specific objectives include:

  • provide information and sensitize of the population to the risks associated with trafficking and strengthening their self-defense capacities towards this phenomenon
  • reducing the vulnerability of at risk groups (children, women, the Roma population, disabled persons, the elderly, and persons in need of asylum)
  • increasing the efficiency of trafficking preventive activities
  • reducing opportunities of trafficking and exploitation of human beings by means of improving administrative control
  • elaborating and implementing national standards regarding prevention programs and projects
  • reducing the demand for the sexual exploitation of women
  • reducing the demand for exploitation through work

For the protection, assistance and social reintegration of victims, there are two systems:

  • residential emergency service (shelter) providing psychological intervention in crisis situations, medical examinations, physical protection, information on rights as a witness of the injured party during penal action, contact with the family, and shelter for a determined period of time.
  • Day services where sheltering is not needed. Services can be provided at home, or the victim may come to the organization providing services.

Specific objectives also include:

  • creating an integrated national system of identification and transfer of victims of human trafficking,
  • improving the capacity for early identification of trafficking,
  • improving assistance for victims,
  • establishing and developing a victim protection and transfer component at the national level, including the transfer for non-Romanian asylum seekers needing international protection
  • ensuring protection and assistance to victims of human trafficking
  • operating a free helpline
  • strengthening the cooperation of Romanian representatives in countries of destination in order to identify victims of trafficking and repatriate them
  • fighting tertiary victimization
  • reintegration and social inclusion of victims.

With regard to fighting human trafficking, research and criminal prosecution of traffickers, objectives and activities include:

  • strengthening the institutional mechanisms for fighting trafficking
  • reducing the funding capabilities of traffickers
  • increasing the efficiency for granting compensation to victims of trafficking
  • developing cooperation with victims/witnesses during trial.

International cooperation strategies require the participation of Romania in activities developed by EU Member States and the intensification of regional and international cooperation in the area of human trafficking. Objectives specifically referred to developing collaborations with Member States and structures specialised in fighting trafficking, assisting victims, strengthening the dialogue with non-EU states and participating in international and regional activities.

The National Action Plan for Equality between Men and Women

The National Action Plan has a role in supporting the principle of equality between men and women and their equal participation in the identification and application of solutions in order to achieve real democracy in Romania. The Ministry of Labor, Social Solidarity and Family represents the governmental mechanism responsible for the promotion of equal chances for men and women.

The plan establishes the following areas of focus: the legal framework, social rights, economy, participation in decision making and civic conscience.

Legal framework

The aim in this area seeks to complete and harmonise the national legislation regarding equality between men and women. Specific actions will continue and accelerate the process of adapting  legislation, incorporating measures that ensure equal opportunities for men and women in their work relations, and monitor the development of structures responsible for implementing the legislation.

Social rights

The activities to eliminate of gender-based discrimination in the labor market include information campaigns regarding the equality of social rights for men and women, encouraging men and women to participate in professional trainings to gain equal access to the labor market, and improving the control mechanisms for eliminating gender-based discriminatory attitudes and behaviors within the work relations. Another approach, is the integration of gender equality into social protection of the family and in programs of preventing and combating marginalization. The following issues are addressed to achieve this goal: support for programs facilitating equal access of men and women to education, medical care, child and elderly care services, reproductive rights, property and justice, respect for the equality principle in applying family policies through the active involvement of men in family life and increased economic role of women, reconsideration of the family concept by applying measures of social and economic protection to various types of families (single parents and couples living in consensual union), social reconsideration of domestic activities and identification of sources to reward persons (women and men) carrying out their activities,expanding measures of prevention of and combating of family violence, and diversifying and balancing nationwide distribution of services for victims.

Economy

On the economic level, there are three main focuses: the development of strategies encouraging the integration of equality of opportunities into economic life, the inclusion of the gender dimension when elaborating and applying work placement strategies and the reconciliation of family and professional life.

Activities in this area include:

  • integrating gender analysis into policies contributing to the economic development and the reduction of poverty
  • developing cooperation between economic agents and social partners to contribute to the realization of gender equality in the labor market
  • improving management structures and preparing them for implementation of the gender equality principle
  • creating conditions necessary for equal access to integration measures in the labor market
  • creating special programs of professional respecialisation for women
  • stimulating economic agents to attract female employees where a representation gap of men and women exists
  • encouraging the equal distribution of family responsibilities by increasing access of men to parental leave and encouraging men to participate in the solution of family problems
  • extending child and elderly care services and increasing the number of private and public services of domestic activities.

Participation in decision taking

To encourage participation in decision making, territorial and national structures that will implement the practice of equal opportunities for men and women will be established. They will monitor the progress in the balanced distribution of roles attributed to men and women in decision-making structures, increase awareness-raising activities emphasizing the importance of respecting gender balance at every level in public decision making bodies, and foster programs encouraging professional careers at the management level for women.

Civic conscience

One of the objectives focuses on sensitizing society to gender equality issues in different activity areas. The second objective concentrates on eliminating existng cultural prejudices and role-related stereotypes for men and women. The National Plan includes the following activities regarding this aspect:

  • increase information referring to respect for the equality principle in the democratic process
  • facilitate access through modern information means and instruments
  • disseminate the information regarding equal opportunities on a systematic basis
  • attract the contribution of the main social actors for the promotion of the equality principle at the social level
  • encourage integration of the gender perspective to change attitudes and behaviors in the following areas: professional training, culture, science, research, sports, and media
  • support progams aimed at replacing negative stereotypes of women (promoted especially by the media through publicity) using educational materials, models and examples that offer realistic alternatives to gender roles
  • encourage national and international exchange of experiences and best practices in promoting gender equality.




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