ROMANIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

CCPR/C/79/Add.111
Last reported: 20 / 21 July 1999
Concluding Observations issued: 28 July 1999

Issues raised:

Street children: A matter of grave concern to the Committee is the situation of street children and abandoned children, an exceedingly serious problem which remains unresolved in Romania (art. 24). (Paragraph 5).

The State party should take all necessary measures to comply with article 24 of the Covenant, by protecting and rehabilitating these children, by guaranteeing them a name, and by ensuring that all births are duly registered in Romania.

Minority groups: The Committee expresses its concern about continuing discrimination against the Roma (arts. 26 and 27). (Paragraph 6).

The State party should pursue further measures, both legislatively and in practice, to ensure the rights of the Roma, in the public and private sector, particularly with respect to access to education and support for the Roma language.

State violence: The Committee is disturbed at continued incidents involving the use of firearms by the police, especially in cases of petty offences committed by minors (arts. 6, 7 and 9). (Paragraph 12).

The use of firearms by the police should be closely regulated in order to prevent violations of the right to life and personal security.

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UN Committee on Economic, Social and Cultural Rights
 

E/C.12/ROU/CO/3-5

Adopted by the Committee: 28 November 2014

Published by the Committee: 9 December 2014

Issues raised:

Ratification:

The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography,in October 2001, and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,in November 2001; The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness,in January 2006; The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect to Parental Responsibility and Measures for the Protection of Children,in November 2006;International Labour OrganizationConvention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,in December 2000 (para.3).

Forced evictions:

The Committee is particularly concerned about reports that,upon eviction, some families with children were left without adequate alternative housing, compensation and protection (art.11) (para.19).

Health:

The Committee is concerned at the significant number of unwantedteenage pregnancies,the high number of abortions, the limited access to sexual and reproductive health education and services, especially in rural areas, and the limited availability of contraceptives free of chargein the State party. The Committee calls on the State party to adopt a national strategy on sexual and reproductive health and to intensify its efforts toprevent unwanted teenage pregnancies, including through the implementation of a comprehensive and mandatory programme on sexual and reproductive health in schools (para.22).

Education:

The Committee expresses concern at the high percentage of Roma children who have no formal education and at the high dropout rates, despite the measures the State party has taken in this regard. The Committee is also concerned at cases that indicatethat the practice of segregating Roma children and children with disabilities persistsin the schoolsystem (art.13).

The Committee calls on the State party to: strengthen the implementation of existing measures to improve access to and quality of primary and secondary education for all children; Substantially increase the budget allocated to education; Ensure that access to free primary education is not impeded in reality by additional material costs and informal fees; Strengthen its efforts to address the economic, social and cultural factors identified as root causes of the persistently high school dropout rates; Increase the number of Roma School Mediators, conduct campaigns to raise awareness among Roma families of the importance of education, and continue to offer related incentives; Pursue its efforts to combat the segregation in schools of Roma children and children with disabilities, amend LawNo.1/2011 on National Education to introduce a prohibition of segregation in schools,ensure the effective enforcement of Order No.1540/2007 against Roma segregation in school and the establishment of a body to monitor its application,and raise awareness of theprohibition among teachers and the population at large (para.23).

 

E/C.12/1994/4
Last reported: 4 / 5 / 10th May 1994
Concluding Observations: 30 May 1994

Issues raised:

Education: The Committee notes with concern that the whole system of education in Romania is functioning on the basis of Governmental decrees and that since the Revolution of 1989 no specific laws have been adopted in this respect. (Paragraph 10).

Minority groups and education: The Committee is particularly concerned about the realization of the right to education and of the right to take part in cultural life by one of the largest minorities in Romania, namely the Gypsy minority. That group, according to the information at the Committee's disposal, continues to suffer many forms of unofficial discrimination which the Government is often unable to prevent or is unwilling to redress. Gypsies continue to face discrimination in work-places and schools and greater efforts should be made to accommodate the specific cultural and other needs of those groups in relation to these matters. The Committee is concerned that, since the Revolution of 1989, no appreciable improvement has occurred in their situation, and that direct and indirect discrimination appears to continue, especially at the local level. (Paragraph 12).

The Committee recommends that the State party should take vigorous steps to ensure that the right to education and the right to take part in cultural life be guaranteed to the members of the Gypsy minority in full accordance with the provisions of articles 2 (2), 13 and 15 of the Covenant. The Government should: adopt an active non-discrimination policy with respect to this minority; encourage their participation in cultural life; and assure proper participation in educational activities by children belonging to that group.

Street children: The Committee also recommends that particular attention be paid by the Government to the problem of street and abandoned children, and that further efforts be made to facilitate their access to all forms of primary and secondary education. (Paragraph 16).
 

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/ROU/16-19)
Last reported: 9 / 10 August 2010
Concluding Observations issued: 23 August 2010

Issues raised:

Minority groups: The Committee takes note of the numerous measures taken by the State party to improve the situation of the Roma, and also to prevent and combat racial discrimination against them. However, the Committee is concerned that the Roma continue to be the victims of racial stereotyping and racial discrimination in access to education and in the quality of education — including through segregation of Roma children — as well as in access to housing, care, health services, social services and employment. The Committee is also concerned that the Roma are victims of discrimination in access to certain public places and services (art. 5). (Paragraph 14).

Bearing in mind its general recommendation No. 27 (2000) on discrimination against Roma, the Committee encourages the State party to continue its efforts and take the necessary measures to prevent and combat racial discrimination against Roma. In this connection, the Committee recommends that the State party:

(a) Enforce existing discrimination against Roma; legislation and other measures banning any

(b) Ensure that Roma children have access to education, and also that the ministerial order of July 2007 banning segregation is disseminated among teachers and Roma parents, and publicize and implement that order;

(c) Facilitate access by Roma to housing, including by avoiding unlawful expropriation and forced evictions without offering alternative accommodation;

(d) Guarantee access by Roma to health care and services, and also to social services, and continue to support Roma health mediators;

(e) Develop training and learning opportunities for Roma, with a view to facilitating their entry to the labour market;

(f) Combat discrimination against Roma in access to public places and services, by prosecuting and punishing anyone engaging in discriminatory behaviour.

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/ROU/CO/7-8)

Last reported: 6 February 2017
Concluding observations published: 21 July 2017

Principal areas of concerns and recommendations

Stereotypes and harmful practices

The Committee welcomes the information provided during the dialogue on the drafting of amendments to the Audio-visual Policy and ongoing initiatives to cover gender equality in school textbooks. It is however concerned at: stereotypical and sometimes degrading images of women, especially of Roma women, in the media, and the absence of gender equality education in school curricula and of relevant training for teachers; the lack of measures taken to prevent harmful practices in relation to early marriages under the age of 18 and address its impact on school attendance of Roma girls (para. 16).

The Committee recommends that the State party: expedite the revision of school textbooks to remove discriminatory gender and ethnic stereotypes, include mandatory modules on gender education in school curricula, and provide gender training to teachers; study the scale and consequences of forced, early and child marriage and take urgent measures to prevent such marriage by raising awareness about the extremely negative impact of this harmful practice on girls, in line with joint General Recommendation No. 31 of the Committee on the Elimination of Discrimination against Women and General Comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014). Amend legislation to remove exceptions that allow marriage under the age of 18 years and prosecute and adequately punish the perpetrators of such harmful practices (para 17).

Trafficking

The Committee notes that the criminal involvement of a public official in trafficking has been made an aggravating circumstance in the new Criminal Code. It is however concerned at: the significant number of Romanian women who are trafficked abroad, as well as trafficking of women with disabilities (para. 20).

The Committee recommends that the State party adopt a new Strategy against Trafficking in Human Beings which prioritises measures aimed at improving women’s social and economic situation in order to eliminate their vulnerability to trafficking, including by identifying potential victims and facilitating the reintegration of victims. Focus on vulnerable groups, such as rural and Roma women, undocumented women migrant workers, and girls exploited by begging rings, including girl victims of sexual exploitation (para. 21).

Education

The Committee welcomes the adoption of the National Strategy for the Prevention of early School Leaving and information on an ongoing revision of school textbooks. It is however concerned at: the high school drop-out rates and low learning achievements in rural areas, as well as the low enrolment, high drop-out and poor performance rates in Roma communities and in economically disadvantaged communities, enhancing their risk of exclusion and poverty of women; the lack of gender awareness among teachers, who frequently transmit a stereotypical understanding of gender roles, as reflected in school textbooks, and the fact that these books lack information on the historic role of women, including of Roma women, and on their contribution to Romanian culture and science; persistent gender segregation in education, the low number of female students enrolled in vocational training courses and in scientific and technological disciplines, and the fact that their higher participation at the tertiary level of education does not translate in their labour market participation (para. 26).

The Committee recommends that the State party: improve school infrastructure in rural areas, including in areas where Roma communities and economically disadvantaged communities live, in order to reduce and eliminate disparities in the access to and completion of compulsory education, abolish classroom segregation and enhance opportunities for inclusive learning, and reinforce lifelong education programmes, such as the “Second Chance Programme”; enhance training for teachers on women’s rights and gender equality and complete the ongoing review of school textbooks to ensure that the historic roles and contributions of women, including Roma women, to Romanian culture and science are adequately reflected; give priority to eliminating traditional stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study, such as science and technology, step up efforts to provide girls with career counselling on non-traditional career paths, and encourage their participation in non-stereotypical vocational training (para. 27).

Health

The Committee welcomes the improvement of procedures and manuals in the field of gynaecological and obstetric care, and training of professionals on methods of family planning, as well the adoption of a National Health Strategy 2014 – 2020. It is however concerned at: high rates of teenage pregnancy, the absence of mandatory age-appropriate education on sexual and reproductive health and rights in the school curriculum, and the lack of training of teachers in this field. (para. 32, b).

The Committee recommends, in line with its general recommendation No. 24 (1999) on women and health, that the State party: take adequate measures to implement the National Survey on Reproductive Health, the National Strategy for reproductive health and sexuality and the National Programme for family planning, and introduce mandatory age-appropriate education on sexual and reproductive health and rights in school curricula, including education on modern forms of contraception and prevention of sexually transmitted diseases, on the risks of unsafe abortion, and on the criminal nature of sexual violence and gender-based violence (para. 33).

Women facing multiple and intersecting forms of discrimination

The Committee notes the information received on the development of a Strategy for Preventing and Countering Discrimination, the revision of the definition of multiple discrimination in the legislation of the State party, and the inclusion of gender equality among the principles of the Governmental Strategy on Roma inclusion. It is nevertheless concerned at the low rates of birth registration of Roma babies and children, preventing them from benefitting from basic services, and the lack of sufficient funding for the Strategy on Roma Inclusion 2012-2020 (para. 36).

The Committee recommends that the State party: develop measures to identify unregistered children and ensure that all children born on the territory of the State party, in particular Roma children, are registered at birth to ensure their access to education, social services, health care and citizenship, and allocate adequate funding for the implementation of the Strategy on Roma Inclusion 2012-2020 and expedite the adoption of action plans with clear time-bound targets (para. 37).

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(CEDAW/C/ROM/6)
Last reported: 26 May 2006
Concluding Observations issued: 2 June 2006

Issues raised:

Trafficking: While commending the efforts undertaken by the State party to address the issue of human trafficking, the Committee remains concerned about the magnitude of this phenomenon in Romania, which remains a country of origin, transit, and destination for trafficked women and girls. (Paragraph 22).

The Committee calls on the State party to increase its efforts to prevent human trafficking by addressing its root causes, in particular women’s economic insecurity. It recommends that the State party enhance measures aimed at improving women’s social and economic situation, in particular in rural areas, so as to eliminate their vulnerability to traffickers and to put in place services for the rehabilitation and reintegration of victims of trafficking. The Committee also encourages the State party to intensify international, regional and bilateral cooperation with countries of origin, transit and destination for trafficked women and girls to further curb this phenomenon.

Abortion: The Committee expresses concern that the rates of abortions and maternal mortality still remain high, although noting their decrease since the beginning of the 1990s as a result of Government efforts. (Paragraph 24).

The Committee encourages the State party to intensify implementation of programmes and policies aimed at providing effective access for women to health-care information and services, and to expand sexual and reproductive health education programmes. The Committee recommends that the State party use its general recommendation 24 on women and health in the implementation of Law 95/2006 reforming the health care system

Discrimination: The Committee is concerned at the situation of Roma women and girls who face multiple and intersecting forms of discrimination based on sex, ethnic or cultural background and socio-economic status. The Committee notes with concern that Roma women and girls remain in a vulnerable and marginalized situation, in particular with regard to access to education, health, housing, employment, official identity documents and participation in political and public life. While noting efforts such as “The Second Chance” Programme and the school mediator and the health mediator schemes, the Committee is particularly concerned about the gaps in Roma women’s formal education, their high rates of illiteracy, and the high rate of school dropouts among Roma girls.(Paragraph 26).

The Committee urges the State party to take a holistic approach to eliminating the multiple and intersecting forms of discrimination that Roma women face and to accelerate achievement of their de facto equality through the coordination of all agencies working on Roma, non-discrimination and gender equality issues. It urges the State party to implement targeted measures, within specific timetables, in all areas, and to monitor their implementation. The Committee encourages the Government to approve without delay the budget for the implementation of the Action Plan for the Decade of Roma Inclusion 2005-2015.

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UN Committee against Torture

Ratified in 1990, but not yet reported.

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Ratified in 2011, but not yet reported.

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UN Committee on Enforced Disappearance
 
Signed in 2008, but not yet ratified.

Countries

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