This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
The CRC is incorporated and forms part of domestic law and, therefore, can be directly enforced in the courts in Romania. Children are not permitted to bring cases themselves, rather they must be represented in all cases by a parent, guardian or other legal representative. Legal representatives must perform their duties in accordance with the best interests principle. All legal proceedings to protect children’s rights are excluded from court costs regardless of the nature of the relief sought or the persons initiating the proceeding. Legal aid is available for civil cases, but generally not for criminal law matters. However, when the accused in criminal proceedings is a minor, the state must ensure they have legal representation.