| Click here for a summary of Romania’s review at the first cycle and/or the third cycle. |
15th UPR session
Date of review: 22 January 2013
Date of report adoption: 6 June 2013
Working Group report: A/HRC/23/5
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SUMMARY SOGIESC issues during Romania’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Provide education and awareness programmes, including on grounds of sexual orientation and gender identity, to law enforcement, judicial and other authorities.
- Update university listings of medical disorders to remove sexual orientation and gender identity.
II. Excerpts from input reports
National report
III. Progress in the field of human rights protection and promotion
A. Equality and protection against any discrimination
49. Since 2010, the Institute of Studies for Public Order has developed a partnership with ACCEPT ASSOCIATION- the first Romanian non-governmental organization that defends and promotes the rights of LGBTs (lesbians, gays, bisexuals, transgenders) at the national level. As a result, two ISPO trainers took part in a training programme dealing with combating intolerance and discrimination towards persons and groups on the grounds of sexual orientation and gender identity. ACCEPT Association offered ISPO didactic materials, flyers and brochures regarding issues of sexual orientation, gender identity and hate crimes against LGBTs. These materials are used during the training sessions (basic training programmes for police officers) which are held in ISPO and to which 660 police officers participated from 2011 up to present.6
50. During 2010–2011, within the new Strategy in the field of Equal Opportunities between Women and Men for 2010-2012, reunions and meetings were organized, as well as debates on themes such as equal participation of women and men in the decision making process, eliminating gender stereotypes, the role of women in rural areas, the reduction of the gender pay gap. A various palette of participants, such as representatives of social partners, central public administration, NGO’s and citizens, attended the events.7
51. With regard to recommendation 8, the Romanian authorities at the level of Police units took measures to prevent and counter the antisocial acts against the members of the LGBT community, being interested in training its staff in the field of modern methods used at European level in countering discrimination based on sexual orientation, in order to contribute to a viable partnership between police and sexual minorities.
52. Thus, there is good collaboration between the General Directorate of the Bucharest Municipality Police (GDBMP) and the aforementioned ACCEPT Association, representative of the LGBT community.8
6. Training activities for police officers were organised regarding the subject of recognition and monitoring of hate crimes against LGBT, introduction in the problematic of LGBT, discrimination based on sexual orientation and/or gender, discrimination and victims’ needs (focus on the respect of individuals’ rights).
In terms of protecting the rights of sexual minorities, the Romanian Gendarmerie applies measures which aim to deter and limit violence against sexual minorities, and to provide their necessary protection during Gay Fest rallies.
In this context, Romanian Gendarmerie developed the training curriculum of its personnel in order to better respond to a more appropriate behaviour in respect to the rights of sexual minorities, both on the national soil and in international operations, by inserting related courses/themes in its training centres and operational unit syllabus.
7. The Directorate of Equal Opportunities between women and men within the Ministry of Labour, Family and Social Protection (MLFSP) is partner with Media One Agency in the structural fund financed project “The Chance”. Caravans called “The Week of equal opportunities” were organized in all development regions, focused on combating all forms of gender discrimination concentrating on reconciliation of family and professional life. In 2011, the Directorate of Equal Opportunities between women and men conducted an analysis on the situation of women and men in decision-making positions for public administration.
8. As a result of this cooperation, training courses have been organised, jointly with the Danish Institute for Human Rights, during which were discussed issues related to identification and tackling hate crimes against the LGBT members. The courses were attended by officers from police stations in whose area or areas of competence are locations visited by members of the LGBT community. The police staff training in the field of prevention and countering discrimination against sexual minorities and hate crimes against LGBT community’s members shall continue to remain a priority of the Romanian Police, in order to insure a viable partnership between the police institution and sexual minorities. Both prior to and during the organisation of the events involving members from the LGBT community in Romania, the GDBMP undertakes security measures to ensure the proper running of such events and to prevent the emergence of any risk factors oriented towards the participants, all these actions being taken in cooperation with the event’s organizers.
As an example, on 4 June 2011, approximately 150 persons participated in the annual “March of Diversity” gay pride parade in Bucharest. Local authorities mobilized numerous police to protect the participants, and the parade ended without violent incidents, as it was the case for the last 4 years. In 2009, the National Council for Combating Discrimination was the official partner at the GayFest. This event enjoyed the presence of several ambassadors in Romania in the last years and the involvement of public persons and artists in promoting the event.
Compilation of UN information
There were no references to sexual orientation or gender identity.
Summary of stakeholders’ information
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
11. Concerning the implementation of the 2008 UPR recommendation no. 4, JS4 stated that the Government did not take preventive measure to fight discrimination against homosexuals, including awareness raising programmes. It reported that no activity was carried out to address discrimination on the ground of sexual orientation in the framework of the 2007-2013 National Strategy for Implementing Measures on Preventing and Combating Discrimination. JS4 indicated that homosexuals remained one of the most discriminated groups. It further noted lack of awareness about and prejudices against sexual minorities among police forces and cases of harassment by or lack of response from law enforcement officers when asked to provide protection to victims of homophobic violence. JS4 reported that Romania did not provide training on respect of diversity and LGBT issues for law enforcement bodies, as requested by the 2008 UPR recommendation no.3. Similarly, JS4 noted that no training on diversity and non-discrimination was provided for health care professionals as requested by the 2008 recommendations no. 28. JS4 noted that homosexuality remained listed under personality and behaviour disorder in the textbooks of medical universities.
4. Right to privacy, marriage and family life
33. JS4 stated that the 2011 Civil Code introduced a restrictive definition of family – a man and a woman united by marriage – compared to the previous definition formulated in gender-neutral terms. It added that the Code prohibited same-sex marriage and did not recognize same-sex marriages and civil partnerships contracted abroad.
III. References to SOGI during the Working Group review
25. Czech Republic welcomed the ratification of OP-CAT. It encouraged Romania to strengthen efforts to combat discrimination, including discrimination and violence against women and children, Roma, LGBT persons and people living with HIV/AIDS. It made recommendations.
34. Holy See congratulated Romania for its efforts on judicial reform, to eradicate discrimination on grounds of sexual orientation, the Roma integration strategy 2012-2020 and the new legislation on education. It highlighted that the Civil Code recognizes marriage as a union between a man and a woman. It made recommendations.
50. The Netherlands expressed its concern about discrimination against lesbian, gay, bisexual and transgender persons. It also stated that there was no active strategy for sexual and reproductive health, despite high rates of teenage pregnancy, abortions and poor access to services. It made recommendations.
84. Austria welcomed Romania’s ratification of the CRPD and asked how it would be implemented. It commended improvements to the legal framework for human rights protection, but was concerned about widespread discrimination against the Roma, the LGBT community and other vulnerable groups. Austria made recommendations.
87. Belgium enquired about progress made in addressing the marginalization and social exclusion of the Roma and whether any new initiatives were envisaged to improve their situation. It asked what steps had been taken to prevent discrimination based on sexual orientation. Belgium made recommendations.
IV. Conclusions and/or recommendations
The following recommendations were accepted by Romania, as noted in the addendum to the working group report, presented at the 23rd session of the Human Rights Council in June 2013:
109.39. Further intensify training for State and local authorities and the public at large on international human rights standards, particularly those in relation to sexual orientation and gender identity (Finland);
109.43. Intensify even further its efforts undertaken in regard to initiatives and awareness-raising programmes on gender equality and the protection of LGBT rights (Estonia);
109.45. Take practical action to ensure that existing anti-discrimination legislation is properly enforced so as to combat discrimination against its citizens, both systemic and overt, based on in particular, ethnicity, sexual orientation and gender identity, and HIV status (Australia);
109.70. Ensure an adequate publicity and carry out awareness campaigns in order to increase the understanding among the population on the rights of LGBT persons (Belgium);
109.71. Ensure that acts of discrimination against LGBT persons and persons belonging to other vulnerable groups are properly investigated and perpetrators held accountable (Austria);
109.72. Adopt appropriate measures to counter discrimination of LGBT people and to develop policies in order to integrate existing legislation against discrimination at various societal levels in Romania (Netherlands).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 23rd session of the Human Rights Council in June 2013.
Statements by States and other stakeholders
COC Netherlands, ACCEPT Association, ECPI-Euroregional Center for Public Initiatives, and the Global Justice Institute
Watch video webcast (chapter 12)
We welcome the commitment made by the Romanian Government to the realization of human rights including those of lesbian, gay, bisexual and transgender people. We commend the Government for accepting recommendations made by Austria, Belgium and The Netherlands to:
(i) take appropriate measures to counter discrimination of LGBT people at policy and legislative level,
(ii) carry out awareness campaigns to increase understanding among the population on the rights of LGBT persons, and to
(iii) ensure that acts of discrimination are properly investigated and perpetrators held accountable.
Stigmatization and discrimination of LGBT people are still a daily reality in Romanian society. A recent survey by the National Council for Combating Discrimination shows that homosexuals are the second most discriminated group in Romania. We are therefore concerned that thus far the Romanian government has to date not undertaken specific activities or actions and preventive measures to fight discrimination based on sexual orientation and gender identity.
Recent violent attacks affecting LGBT community are not properly investigated and the perpetrators are not sanctioned – which created a state of impunity for these aggressors motivated by hate. There is no educational program at national scale for the law enforcement forces tackling hate crimes. The existence of transgender individuals is fully ignored – the legal or medical standards in the field are vague or non-exist while the jurisprudence is contradictory as to the conditions that need to be met for gender change in the civil status documents.
In the process of implementing the recommendations of the UPR, we therefore urge the government to initiate public policies on LGBT issues in order to integrate existing legislation against discrimination and to consider the need for systematic and permanent training for personnel working in state institutions and local and central authorities, focusing on human rights aspects related to sexual orientation and gender identity.
ACPD, SRI, ECPI, SECS & Global Justice Initiative
[…] We are also concerned that despite the outcome of the Romanian UPR in the 1st cycle, no activity was carried out to address discrimination on the grounds of sexual orientation in the framework of the 2007-2013 National Strategy for Implementing Measures on Preventing and Combating Discrimination. We urge the government to address this by adopting and implementing laws and policies that eliminate discrimination on the grounds of sexual orientation and gender identity as recommended by several states during the current UPR cycle and based on the declaration of acceptance by the Romanian government.
VI. Further information
UPR Documentation
National report 1: A | C | E | F | R | S
Compilation of UN information 2: A | C | E | F | R | S
Summary of stakeholders’ information 3: A | C | E | F | R | S
Questions submitted in advance: E
Addendum 1: E
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum – Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review: A C E F R S
Report of the 23rd session of the Human Rights Council: E