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:
- 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.
- The development of capacities of local and county public
authorities to identify social problems, develop and implement
policies, programs and projects in the area.
- An analysis of the causes of domestic violence, its forms, and
vulnerable groups in different types of communities.
- 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.
- Create a national information system to register and report
cases of family violence.
- Evaluate financial and human resource needs according to those
identified and identify local, national and international
resources.
- Develop of human resources in the area.
- Create a community support network.
- Develop nonviolent attitudes and behaviors in order to achieve
the objective of “zero tolerance” toward family violence.
- Promote public dialogue in order to raise public awareness on
the negative results of family violence.
- Develop collaborations between state and international bodies
involved in the prevention of and combating of family violence.
- 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.