Although there is a comprehensive legislation in the field of antidiscrimination, opinion polls show that the following groups remain constantly and significantly discriminated against in the Romanian society: people living with HIV, sexual minorities, Roma ethnics and people with mental disabilities.

Clear
  • Anti-discrimination Legislation & Implementation

    The law offers extensive protection against discrimination - applicability to an open-ended list of grounds of discrimination and in all areas of the social and public life. In practice, there are shortcomings - it is unclear how the shift of the burden of proof is applied and civil compensations awarded are modest. No thorough assessment of the implementation of the Directives has been published, or an analysis of the Romanian equality body jurisprudence and consistency in the solutions it reaches.

    • Is racial discrimination defined in national law?

      YES, under the general definition for discrimination

      Qualitative Info

      Art.2.(1) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “...discrimination represents any distinction, exclusion, restriction or advantage, based on the race, nationality, ethnicity, language, religion, social category, beliefs, sex or sexual orientation, age, disability, chronic non-contagious  illness, infection with HIV or the belonging to a disadvantaged category or any other criteria, which has as goal or effect the restriction or elimination of acknowledgement, of use or exercise, in equal conditions, of the human rights and fundamental freedoms recognized by the law, in the domain of politics, economy, society, culture or in any other domain of public life.”

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      YES

      Qualitative Info

      Definition of direct discrimination:

      Art.2.(1) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “...discrimination represents any distinction, exclusion, restriction or advantage, based on the race, nationality, ethnicity, language, religion, social category, beliefs, sex or sexual orientation, age, disability, chronic non-contagious  illness, infection with HIV or the belonging to a disadvantaged category or any other criteria, which has as goal or effect the restriction or elimination of acknowledgement, of use or exercise, in equal conditions, of the human rights and fundamental freedoms recognized by the law, in the domain of politics, economy, society, culture or in any other domain of public life.”

      Definition of indirect discrimination:

      Art.2.(3) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “The present ordinance deems as discriminatory those apparently neutral provisions, criteria or apparently neutral practices which disadvantage certain persons, based on the criteria stated at paragraph 1, as opposed to other persons, unless these provisions, criteria or practices are objectively justifiable by a legitimate purpose, and the means of reaching that purpose are adequate and necessary.”

      Definition of harassment:

      Art.2.(5) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “Represents harassment and it is administratively sanctioned any behaviour on the criteria of race nationality, ethnicity, language, religion, social category, belief, gender, sexual orientation, belonging to a disadvantaged category, age, handicap, refugee status, or asylum status, or any other criterium that leads to creating an intimidating, hostile, degrading or offensive environment."

      Definition of instruction to discriminate:

      Art.2.(2) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “The order to discriminate persons on any of the criteria prescribed at paragraph 1 is discrimination according to the present ordinance."

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

      Yes, the law contains an open-ended list of grounds of discrimination.

      Qualitative Info

      Race, nationality, ethnicity, language, religion, social category, beliefs, sex or sexual orientation, age, disability, chronic non-contagious  illness, infection with HIV or the belonging to a disadvantaged category or any other criterium.

      The protection against discriminination covers the exercise of all human rights and fundamental freedoms recognized by the law, in the domain of politics, economy, society, culture or in any other domain of public life.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

      YES. "Nationality" is expressly mentioned in the list of grounds of discrimination. However this is usually interpreted in the Romanian language as a person belonging to one of the 18 national minorities living in Romania who have also Romanian citizenship. The term "citizenship" is not mentioned as such in the list, but it could be covered by the expression "any other ground".

      Qualitative Info

      Source:

      • Art.2.(1) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 prescribes an open-ended list of grounds of discrimination.

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?

      The term "statelessness" is not mentioned as such in the list of grounds of discrimination, but it could be covered by the expression "any other ground".
       

      Qualitative Info

      Art.2.(1) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 prescribes an open-ended list of grounds of discrimination.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

      YES.

      Qualitative Info

      The Romanian Anti-discrimination Law applies to all the human rights and fundamental freedoms recognized by the law, in the domain of politics, economy, society, culture or in any other domain of public life. The law prescribes for two exceptions in accordance with the EU Directive 2000/43/EC - genuine and determining occupational requirements (Art.9 of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007) and positive action (Art.2(9) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007).

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      YES

      Qualitative Info

      The National Council for Combating Discrimination is the specialized national equality body that investigates and administratively sanctions discrimination (Arts.16-30 of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007).

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/home-page/?language=en

      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      NO. The data on complaints recorded by the national equality body are not enough to monitor and review practices to combat racial discrimination and promote racial equality effectively. 

      Qualitative Info

      The National Council for Combating Discrimination (NCCD) publishes every year in its annual report of activity data on certain indicators related to the complaints it registers and handles throughout the year. However, this data reflects only the "tip of the iceberg" of discrimination phenomenon since it is based only on complaints filed to the NCCD. In addition, every year the NCCD subcontracts a sociological survery on discriminatory perceptions and attitudes in the Romanian society.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Religion

      External Url http://cncd.org.ro/publicatii/Toate-categoriile-0/

      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      YES

      Qualitative Info

      Art.2.(9) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 allows for the provision of such special measures.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Education

      External Url http://cncd.org.ro/legislation/

      See other countriesSee indicator history
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      NO

      Qualitative Info

      These measures are rarely adopted and implemented. In the field of access to higher and university education, they became more frequent:

      In the last years, the Ministry of Education has continued to set aside special places for Roma ethnics who meet the minimal requirements for entering upper secondary and higher education. In the 2010-2011 academic year, 7,682 special places were earmarked for Roma candidates in upper secondary schools and 555 in 49 higher education institutions across Romania. [1]
       

      Since 2005, special places for Roma ethnics and for other national minorities were also set aside for entering police academies and police schools. The numbers decreased in the last year: 35 places for Roma (2009), 35 places for Roma , 15 places for Hungarians (2010), 8 places for Roma, 15 places for Hungarians and 11 places for other national minorities (2011). [2]


      Sources:

       

      • [1] Ministry of Education, Research, Youth and Sport, Notification nos.36330/2010, 36304/2010.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?

      YES

      Qualitative Info

      The UN Committee on the Elimination of Racial Discrimination stressed that despite measures taken by the state to improve the situation of Roma and tackle racial discrimination, the Roma population is still facing racist stereotypes and racial discrimination which hinder their equal access to quality education (including the segregation of Roma children), housing, healthcare, social services, employment, and even certain public places and public services. The Committee reports also about the existence of cases of police excessive use of force, ill-treatment or abuse of power against minority groups, in particular Roma people. The police and justice personnel is also criticized for using racial profiling.

       

      The UN Committee on the Rights of the Child expressed concern "that while, persons can be identified as belonging to a minority group only through self-reporting, abandoned or very young children who are not able to identify themselves are often identified as Roma by social workers and others, resulting in discriminatory practices, including segregation."

       


      Sources:

       

      - UN Committee on the Elimination of Racial Discrimination, Concluding Observations to Romania (2010), p.4, paras.14-15, CERD/C/ROU/CO/16-19, available at http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx

       

      - UN Committee on the Rights of the Child, Concluding Observations to Romania (2009), p.7, para.26, CRC/C/ROM/CO/4, available at http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education

      External Url http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx

      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

      The National Council for Combating Discrimination offers legal support but it does not assist or represent alleged victims of discrimination in court or other administrative procedures.

      Qualitative Info

      There are no special provisions about legal aid or other type of support for alleged victims of discrimination during administrative or court proceedings. The National Council for Combating Discrimination has within its mandate the obligation to provide specialized support to alleged victims. Consequently, it offers legal support (information about rights and procedures) via e-mail, telephone or at its headquarters. In 2010, the NCCD reports providing specialized assistance to 2,500 persons.


      Source:

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.cncd.org.ro/files/file/RAPORT%202010_web1.pdf

      See other countriesSee indicator history
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      YES, but it remains unclear how the National Council for Combating Discrimination and the civil courts apply it in practice, in what regards the actual shift.

      Qualitative Info

      Art.20.(6) and Art.27.(4) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 regulate the burden of proof before the National Council for Combating Discrimination and courts, respectively. These provisions state that "[t]he interested person [who files the case] has the obligation to prove facts from which it may be presumed that there has been direct or indirect discrimination and the respondent will have to prove that  the facts do not represent discrimination." 

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      YES

      Qualitative Info

      Art.28.(2) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 gives legal standing to non-governmental organizations that have in their mandate the protection of human rights or justify a legitimate interest in combating discrimination in cases of discrimination affecting an individual upon written request of that individual. The legal standing is recognized in court cases and in cases before the NCCD.
       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      YES

      Qualitative Info

      Art.28.(1) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 gives legal standing to non-governmental organizations that have in their mandate the protection of human rights or justify a legitimate interest in combating discrimination in cases of discrimination affecting a community or a group of people. The legal standing is recognized in court cases and in cases before the NCCD.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Culture
      • Media
      • Internet
      • Sport
      • Political discourse -parties - orgs
      • Political participation
      • Anti-discrimination
      • Anti-racism
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Are sanctions foreseen/provided by anti-discrimination legislation?

      YES

      Qualitative Info

      Administrative sanctions forseen by the law range from a written warning to an administrative fine between RON400 (EUR93) - RON4,000 (EUR930) when discrimination affected an individual or RON600 (EUR139) - RON8,000 (EUR1,860) when discrimination affected a community or a group of persons (Art.26.(1) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007). For 2010, the NCCD reported issuing 32 written warnings and 7 administrative fines ranging from RON400 (EUR93) to RON4,000 (EUR930). 14 of the written warnings and only one of the administrative fines was regarding discriminaton on the ground of ethnicity. [1]

      Civil compensations are available to victims of discrimination if they file a civil case of damages in civil court within three years from the time discrimination occured (Art.27 of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007). The civil compensation awards are modest. However, recently, the civil courts awarded EUR10,000 and EUR 50,000 for three separate cases of discrimination.

      The NCCD also reports issuing recommendations - 31 recommendations issued in 2010. They are not prescribed in the Anti-discrimination law, which only forsees sanctions when discrimination is found. The NCCD issues recommendations based only on Art.79 of the NCCD's Internal Procedure for Solving Petitions. [2]

       


       

      Source:

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      YES, but in general, civil compensations ordered by the courts are modest.

      Qualitative Info

      Civil compensations are available to victims of discrimination if they file a civil case of damages in civil court within three years from the time discrimination occured; they can also ask for the restore of the previous situation or for the cancellation of the situation created by discrimination (Art.27.(1) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007). The civil compensations awarded are modest. However, recently, the civil courts awarded higher amounts.

       

      In February 2010, Bucharest Tribunal ordered Mayor of the First District Bucharest, to pay EUR10,000 for discrimination on the ground of HIV status and breach of confidentiality because the social services published the list with HIV positive people that beneficiate from certain indemnization from the Mayor's Office disclosing information about their HIV status . [1]

       

      In May 2010, Craiova Court of Appeal ordered EUR10,000 civil compensation for moral damages against a school teacher for refusing to allow a pupil to class because she was Roma. [2]

       

      In November 2010, a court in Bucharest ordered EUR50,000 civil compensation for moral damages for a case on the ground of sexual orientation. The case is not final. [3]

       


      Sources:

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://cncd.org.ro/legislatie/?language=en

      See other countriesSee indicator history
    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      YES

      Qualitative Info

      The most recently published independent assessment was done by the European network of legal experts in the non-discrimination field - "Report on Measures to Combat Discrimination. Directives 2000/43/EC and 2000/78/EC. Country Report 2010. Romania". The report points out to positive developments, but also identifies some areas where more work should be done:

      1. "The governmental institutions do not have as an objective promoting dialogue with social partners to give effect to the principle of equal treatment within the workplace." (p.136)
      2. "[T]he Romanian legal framework registers currently a de facto gap in the protection against discrimination determined by legislative provisions which fall outside the scope of the EU acquis on anti-discrimination. Following the decisions of the Romanian Constitutional Court, the national equality body and the civil courts can no longer review discriminatory norms containing provisions contrary to the principle of equality, only the Constitutional Court has this possibility in limited situations. (p.137)

       

      Source:

      European Network of Legal Experts in the Non-discrimination Field, Romanita Iordache, Report on measures to combat discrimination Directives 2000/43/EC and 2000/78/EC, available at: http://non-discrimination.net/content/media/2010-RO-Country%20Report%20LN_final.pdf (16.02.2012)

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://non-discrimination.net/content/media/2010-RO-Country%20Report%20LN_final.pdf

      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      Various European institutions carried out assessments of the implementation of the EU Anti-discrimination Directives on different areas. No thorough assessment has been published, yet. The European network of legal experts in the non-discrimination field published a desk research assessment of the measures to combat discrimination in Romania within the scope of Directives 2000/43/EC and 2000/78/EC.  

      Qualitative Info

      The European network of legal experts in the non-discrimination field "Report on Measures to Combat Discrimination. Directives 2000/43/EC and 2000/78/EC. Country Report 2010. Romania", written by Romanita Iordache identified a number of shortcomings in the implementation of these EU directives into the Romanian legislation:

      1. "The possibility to allow justifications of direct discrimination in the fields of housing and access to services and goods is in breach of Directive 2000/43, which does not foresee such possibilities." (p.8)
      2. "[T]he national court or the national equality body faced with a legal provision falling outside the scope of European Union law, which is incompatible with the anti-discrimination principle does not have a mechanism allowing it to decline to apply that particular legal provision as provided by the European Court in Seda Kucukdeveci v. Swedex GmbH & Co.KG C-555/07 from 19.01.2010." (p.9)
      3. The law fails "to sanction as harassment unwanted conduct with the purpose of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment and sanction..." (p.9)
      4. "The provisions on the burden of proof are not in full compliance with the Directives and are under a threat of being further diluted." (p.9)
      5. "[T]he solution of appointment of the NCCD Steering Board members by the Parliament, as a guarantee of the institutional independence, proved to be, in practice, a hindrance." (p.10)
      6. Budgetary cuts affect the national equality body activity. (p.10) 

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://non-discrimination.net/content/media/2010-RO-Country%20Report%20LN_final.pdf

      See other countriesSee indicator history
  • Policing - Law Enforcement - Justice

    Efforts towards anti-racism and cultural sensitivity are being reported, but there is a need for structural changes and deeper interventions mainstreamed within the educational system of the police forces. While there is no legal definition of ethnic profiling, in 2010, the UN CERD raised concerns about "existing police and justice personnel's practices of racial profiling.” 

    • Is there evidence or indication that the police force engages in ethnic profiling?

      The UN Committee on the Elimination of Racial Discrimination raised concerns.

      Qualitative Info

      The UN Committee on the Elimination of Racial Discrimination in its Concluding Observations to Romania from 2010 stated its concerns about "existing police and justice personnel's practices of racial profiling (art.5):[...] The Committee also recommends that the State Party eliminates the practices of racial profiling conducted by the police and justice personnel and to provide the Committee on the next report complete data about the numbers of complaints introduced and prosecutions initiated and sanctions ordered against such practices."


      Source:
       
       
      UN Committee on the Elimination of Racial Discrimination, Concluding Observations to Romania (2010), p.4, para.15, CERD/C/ROU/CO/16-19, available at http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx (Accessed on 23.12.2011)

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement

      External Url http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx

      See other countriesSee indicator history
    • Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?

      The comparison cannot be made for lack of statistical data from the police.

       

      Qualitative Info

      The General Police Inspectorate do not yet collect statistical data segregated to look at ethnicity/race/religion of either the victim or the perpetrator and they do not collect data segregated on the relevant articles for racist incidents and crime of the criminal code and other criminal provisions. [1] The General Prosecutor's Office, collects segregated data relevant for instigation to discrimination, hindering the freedom of the cults and the aggravating circumstance of discriminatory ground offences included in the criminal code as well as data on crimes under Government Emergency Ordinance 31/2002 on the ban of organizations and symbols with a fascist, racist or xenophobic character and the promotion of the cult of persons guilty of crimes against peace and humanity. [2]


       

      Sources:

      • 1. Ministry of Administration and Interior, General Police Inspectorate Address No. 56404/30.08.2010 to the Centre for Legal Resources
      • 2. Public Ministry, Prosecutor’s Office to the High Court of Cassation and Justice Address No. 1403/C/8430/2010 from 12.08.2010, to the Centre for Legal Resources

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Africans/black people
      • National minorities

      Type (R/D)

      • Extremism - organised Racist Violence

      Key socio-economic / Institutional Areas

      • Policing - law enforcement

      External Url http://www.crj.ro/Resurse-interne

      See other countriesSee indicator history
    • Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?

      Such evidence can be infered from conclusions to general reports, and in relation to the Roma minority

      Qualitative Info

      US State Department 2010 Human Rights Report refers to "reports from nongovernmental organizations (NGOs) and the media that police mistreated and abused detainees and Roma, primarily through excessive force and beatings." The report also mentions lack of information on the status of investigation regarding excessive use of force by the police against Roma people that occured on previous years (2008, 2009).

      A 2007 field research carried out as a result of a cooperation between OSCE/ODIHR and the Romanian police had a series of recommendations for improving the police handling of their job in Roma communities, among which:

      "In areas with large Roma communities, officers should have better knowledge and understanding of Roma specificities and challenges they face;

      Strong enforcement of legal provisions and supervision by higher levels of the police is required;

      Reform and adequately implement legislation and procedures regarding the use of firearms. A review of the use of firearms over the last several years would assist in analysing whether national legislation is adequate and if it is properly implemented...

      Consider alternative ways to enforce law and fulfill police responsibilities with a minimum of force and of firearms...

      Independent review mechanisms for investigation regarding police matters;

      Ombudsman's office to be more active at looking into police interventions..."


       

      Source:

      US State Department, 2010 Human Rights Report Romania, 1.c, available at http://romania.usembassy.gov/2010_rhr_en.html (accessed on 18.02.2012).

      OSCE/ODIHR, Field Visit on Police and Roma Relations, Romania, 12-15 November 2007, pp.8-9, available at http://www.romanicriss.org/raport%20vizita%20osce%20final.pdf (accessed on 18.02.2012).

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement

      External Url http://romania.usembassy.gov/2010_rhr_en.html; http://www.romanicriss.org/raport%20vizita%20osce%20final.pdf

      See other countriesSee indicator history
    • Do migrants/minorities face disproportionate problems in accessing justice?

      Lack of data regarding complaints of racial discrimination and shortcomings in the effective use of mother tongue in judicial procedures by national minorities can be inferred.

      Qualitative Info

      The UN Committee on the Elimination of Racial Discrimination identified in its 2010 Concluding Observations to Romania two aspects related to national minorities' access to justice. First, the Committee raises concerns with regards to the Government's not providing enough information on the complaints filed, prosecutions, court decisions and sanctions imposed in cases of racial discrimination, although the Government reported many legal avenues available for an alleged victim of racial discrimination. Second, the Committee recommended the State to take measures to ensure that the right to use mother tongue in judicial procedures at all levels is effectively implemented, including through the training of interpreters.


      Source:

      UN Committee on the Elimination of Racial Discrimination, Concluding Observations to Romania, 27 August 2010, CERD/C/ROU/CO/16-19, pp.5-6, available at http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx (accessed on 18.02.2012)

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • National minorities

      Type (R/D)

      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement

      External Url http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx

      See other countriesSee indicator history
    • Is there evidence of differential sentencing?

      There was no study done on this topic in Romania.

      See other countriesSee indicator history
  • Employment

    Quotas restrict third country nationals coming to Romania for labour purposes. A 2010 World Bank research found that labor earnings for individual employed Roma are a mere 39% of the labor earnings for employed non-Roma. Big trade-union confederations have started to implement European Social Fund financed projects on social inclusion and equal chances, mostly training, information campaigns, some job creation and services. We could not identify an assessment of the impact of the use of EU structural funds on equality in Romania.

    • Differential unemployment levels/rates of migrants?

      There is no data regarding differential unemployment rates for migrants from a discrimination point of view. The Romanian state restricts however third country nationals coming to Romania for labour purposes, through a specific yearly established quota.

      Qualitative Info

      According to Government Emergency Ordinance 194/2002, Art 5, (1), a), the Government establishes annually the number of work authorizations which can be issued to foreigners (third country nationals) according to the provisions of specific legislation regarding the employment and detachment of foreigners to Romania. [1] According to the Government Emergency Ordinance 56/2007 on the employment and detachment of foreigners on the Romanian territory, Art. 5, i) and j), asylum seekers who have been within the asylum procedure for more than one year as well as tolerated persons, for the period of toleration may be employed without a work authorization (the right to work for tolerated persons has been added in 2011 through Law 157/2011). [2]

      Through Government Decision No. 1261/2011, the Romanian Government established a quota of 5,500 work authorizations for foreigners for 2012 [3], equal with the quota established for 2011, but with 2,500 less than for 2010 [4].

      Through Government Decision No. 1253/2012, the same number of work authorizations (5500) was kept for 2013 [5].

      According to a 2011 Soros Foundation Romania study [6],  the access and participation of foreign workers on the Romanian labour market are made difficult by the following:

      -         the lack of a strict legal framework regarding the functioning of firms which recruit and place foreign labour force

      -         often times the commission of intermediaries is more than the salaries the workers make within a year in Romania, the costs for obtaining the work authorization and the stay permit are either paid by the worker before arriving to Romania or deduced from the salary during the period of work;

      -         the migrant worker does not know the whole content of the labour contract many times only drafted in Romanian, or some of its provisions are not respected by the employer,

      -         the negotiated salary is many times not the salary received,

      -         the working quota is oversized, without payment of extra hours

      The whole study was drafted on the basis of a documentation research, research on the perception of the Romanian population of third country nationals (qualitative and quantitative components), qualitative research among third country nationals with regards to their integration in Romanian society, qualitative research in order to identify the information methods and channels with regards to third country nationals issues.

       


      Sources:

      1. Government Emergency Ordinance 194/2002 on the status of foreigners in Romania

      2. Government Emergency Ordinance 56/2007 on the employment and detachment of foreigners on the Romanian territory

      3. Government Decision No. 1261/2011, available at http://www.juridice.ro/180617/numarul-autorizatiilor-de-munca-pentru-straini-in-2012.html (Date of access: 23.01.2013).

      4. Romanian Office for Immigration, Analiza cu privire la eliberarea autorizatiilor de munca in anul 2010 (Analysis on the release of work authorizations for the year 2010), 2011, p. 16, available at: http://ori.mai.gov.ro/api/media/userfiles/am%20-%20final.pdf (Date of access: 23.01.2013.)

      5. General Inspectorate for Immigration, Angajatorii români pot obţine 5.500 de autorizaţii de muncă pentru lucrătorii străini în 2013 (Romanian employers can obtain 5.500 work authorizations for foreign workers in 2013), Press release, 17.01.2013, available at http://ori.mai.gov.ro/comunicate/citeste/ro/607/Angajatorii-romni-pot-obine-5.500-de-autorizaii-de-munc-pentru-lucrtorii-strini-n-2013 (Date of access: 23.01.2013.)

      6. Iris Alexe and Bogdan Paunescu (coord), Study on the Immigration phenomenon in Romania. The integration of foreigners in Romanian society. , 2011, Soros Foundation Romania, pp. 41-42, available at: http://ec.europa.eu/ewsi/UDRW/images/items/docl_20205_22190363.pdf (Accessed on 29.01.2012)

       

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential unemployment levels/rates of minorities?

      Yes

      Qualitative Info

      Despite the fact that a clear gap in employment between the Roma and majority population, there is no definite data regarding Roma unemployment as compared to majority unemployment. The World Bank statistics, quoting a UNDP report published in 2006, place Roma unemployment rate in Romania at 44 per cent. [1] A recent Romanian research study (including a survey on 1537 self-identified Roma with a stated 2.5 margin of error) places Roma employment rate at 27 per cent while 20 per cent of those surveyed perform occasional economic activities (they had initially declared they have no occupation or are working in the household). The employment rate for majority population, according to the same study, is of 64.6 in 2010. [2]

      According to the new 2011 Roma inclusion strategy, citing a report drafted under the Romanian Presidency in 2009, about 53% of the Roma men and 23% of the Roma women are engaged in paid work; 36% of these men have a salary as compared to 77% of majority men. Of all adult population, 19% of Roma men and 11% of Roma women are employed as compared to 40% of men and 31% of women of other ethnicities. [3]

       


      Sources:

      World Bank Statistics, available at: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/EXTROMA/0,,menuPK:615993~pagePK:64168427~piPK:64168435~d:y~theSitePK:615987,00.html#datastat (Accessed on 30.01.2012)

      Romanian Institute for Quality of Life (2010), Legal and equal on the labor market for the Roma communities: Diagnosis of the factors influencing the employment rate of the Roma population in Romania, Soros Foundation Romania, Bucharest, p.33, available at: http://issuu.com/fundatiasoros/docs/raport_legal-english (Accessed on 30.01.2012)

      Government Decision 1.221/2011 for the approval of the Strategy of the Romanian Government for the inclusion of Romanian citizens belonging to the Roma minority, available at: http://www.anr.gov.ro/docs/Strategie_EN.pdf (accessed at: 25.02.2013)

      Groups affected/interested

      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential pay rates?

      Yes. A 2010 World Bank research covering Bulgaria, Czech Republic, Romania and Serbia found that Roma employees are paid less than non-Roma employees. On average across men and women, it found that labor earnings for individual employed Roma in Romania are a mere 39% of the labor earnings for employed non-Roma (see source in long answer).

      Qualitative Info

      A World Bank research from 2010, using quantitative data from Bulgaria, Czech Republic, Romania and Serbia, coming from household surveys and qualitative data from 222 interviews with stakeholders – government and non-government officials and Roma and non-Roma argued for the economic case for Roma inclusion.

      It states that if Roma had enjoyed equal labour market opportunities as the majority population in Romania, the economic benefits would have ranged between 887 million Euro to 2.9 billion Euro in 2008, and Government revenues would have been substantially higher, the estimated increase ranged between 202 and 675 million Euros. The productivity losses were calculated at 2 .596 Euro per each working age Roma.

      This study finds that around one-third of the wage gap between Roma and majority populations can be attributed to discrimination and other factors beyond differences in education, experience, and locality.  The issues of stigma and discrimination often came up during the interviews, pointing to the multi-dimensional character of Roma exclusion.

       


      Source:

      The World Bank (2010), Roma inclusion: An economic opportunity for Bulgaria, Czech Republic, Romania and Serbia - Policy note, Washington D.C., available at: http://siteresources.worldbank.org/INTROMA/Resources/Policy_Note.pdf (Accessed on 30.01.2012)

       

      Groups affected/interested

      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions

      No assessment available in this issue.
       

      Qualitative Info

      Article 3 of the Law No.62/2011 regarding social dialogue provides for the right of every person having a working contract, public officials, agriculture workers on a contract to establish and/or to join a trade union. However, there is no assessment as to the way this provision is implemented in practice with regards to migrant workers.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.dreptonline.ro/legislatie/legea_dialogului_social_62_2011.php

      See other countriesSee indicator history
    • Legal obstacles to access employment in the public sector under equal conditions for migrants

      YES

      Qualitative Info

      Article 54 of the Law No.188/1999 imposes that only Romanian citizens can be public servants.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://model-de.ro/images/legea%20188-2010.txt

      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions

      NO

      Qualitative Info

      Article 3 of the Law No.62/2011 regarding social dialogue provides for the right of every person having a working contract, public officials, agriculture workers on a contract to establish and/or to join a trade union, irrespective whether they belong to a minority.


       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • National minorities

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.dreptonline.ro/legislatie/legea_dialogului_social_62_2011.php

      See other countriesSee indicator history
    • Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?

      No thorough evaluation was carried out to identify good practices in this area.

      Qualitative Info

      There is a financing line of structural funds that promotes initiatives focusing on equal opportunities and non-discrimination in the field of employment. Numerous non-governmental organizations and trade unions accessed these money in the last three years and they implemented projects aiming to combat racism and discrimination at the workplace. However, there is no thorough evaluation which of these initiatives represent good practices. By good practices, we understand initiatives that satisfy a minimum of criteria such as sustainability, effectiveness and impact, transferability, review and assessment built into it, participation of beneficiaries and other stakeholders involved in the design, planning, evaluation, review, assessment and implementation.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Asylum seekers
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.fseromania.ro/index.php/posdru/informatii-generale/informatii-pos-dru#care_sunt_obiectivele_posdru

      See other countriesSee indicator history
  • Housing & Segregation

    The members of the Roma minority, in a larger proportion than the majority face housing vulnerability in the form of: insecurity of tenure, over-crowdedness, inadequacy of housing, segregation, lack of access to utilities. Furthermore, several communities have been submitted to forced evictions, next to waste collection sites, sewage plants, and in general in segregated areas, lacking utilities and infrastructure, sometimes in health-wise hazardous areas. This trend has continued in 2012, with the local authorities of Baia Mare demolishing informal settlements and relocating Roma to, among others, lab buildings of a former factory, with children having to be taken to the hospital their first night there.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      The level of migration to Romania is quite low and no research regarding the issue of segregation between migrant groups and majority population could be found.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated migrant group?

      No indication of segregation as recorded in reports could be found.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      Yes. Various studies related to Roma communities show such evidence.

      Qualitative Info

      Despite the fact that no statistics are available, various studies related to the Roma minority have provided evidence of segregation as a rather common reality [1]. Either at the locality centre or at the outskirts (at times close to environmental and heath hazards or even separated by walls from the rest of the community), forcefully relocated by authorities or out of necessity becoming part of a ghetto, such communities are described by poverty, precarious conditions, overcrowding and uncertainty of tenure; all increasing vulnerability.

      Furthermore, it is the authorities themselves that often segregate or worsen the conditions for the Roma. An eloquent example are the activities of the Baia Mare local authorities throughout 2011 and 2012 affecting the poorest Roma communities through the building of a wall to separate a community living in a social block from the rest, forcefully evicting and demolishing, relocating Roma communities to buildings of a former chemical factory which have drawn world attention and condemnation, but with no effect on improving the situation of the Roma or meaningful sanctions and condemnation at national level. [2]


       

      Sources:

      1. For an overview of the types of situations encountered see: Delia-Luiza Niţă (Center for Legal Resources), Housing Conditions of Roma and Travellers, Romania, March 2009, pp. 35-36, available at: http://www.crj.ro/Housing-Conditions-of-Roma-and-Travellers/ (last accessed:17.02.2012) and Amnesty International, Mind the legal gap. Roma and the right to housing in Romania (EUR 39/004/2011), 23.06.2011, available at: http://www.amnesty.org/en/library/info/EUR39/004/2011 (accessed at: 25.02.2013) and Unsafe foundations: secure the right to housing in Romania (EUR 39/002/2012), 08.05.2012, available at: http://amnesty.org/en/library/info/EUR39/002/2012/en (accessed at: 25.02.2013)

      2. Materials on the situation in Baia Mare and reactions to it can be found at: Andrei Trif (2012) ‘Intoxicaţie în masă printre locatarii blocului social amenajat la Cuprom Baia Mare’ (‘Mass intoxication among the inhabitants of the social block of flats arranged at Cuprom Baia Mare’), eMaramureş, 2 June 2012, available at: www.emaramures.ro/Stiri/67195/ULTIMA-ORA-Intoxicatie-in-masa-printre-locatarii-blocului-social-Cuprom-Baia-Mare (accessed at: 25.02.2013) and Bogdan Eduard (2012) ‘Exclusiv EVZ: Auschwitz-ul de la Baia Mare. 2000 de romi mutaţi în Uzina Morţii de primarul Cherecheş “Chimicul’ (Exclusive EVZ: the Auschwitz from Baia Mare. 2,000 Roma moved from the Death Plant by mayor Chereches, the “Chemical”), Evenimentul Zilei, 4 June 2012, available at:  www.evz.ro/detalii/stiri/exclusiv-evz-auschwitz-ul-de-la-baia-mare-2000-de-romi-mutati-in-uzina-mortii-de-primar-984719.html (accessed at: 25.02.2013)  Romani CRISS, Şanse Egale and Asociaţia Umanitară Împreună (2012) ‘Scrisoare Deschisă’ (‘Open Letter’), Bucharest, 3 June 2012, available at: www.romanicriss.org/PDF/Scrisoare%20deschisa%20Baia%20Mare%20evacuari%20si%20incident%20substante_2012.pdf   (accessed at: 25.02.2013); US Embassy to Bucharest (2012) ‘US Embassy Statement on the Roma Housing Situation in Baia Mare’, 6 June 2012, available at: http://romania.usembassy.gov/policy/media/pr-06062012.html (accessed at: 25.02.2013) Council of Europe, Commissioner for Human Rights, “Romania: Commissioner concerned about the relocation of Roma in a toxic building”, Strasbourg, 7 June 2012, available at: www.coe.int/t/commissioner/News/2012/120607BaiaMare_en.asp (accessed at: 25.02.2013); Radu Marinaş (2012) ‘Roma relocation scores Romania mayor a major vote win’, Reuters, 14 June 2012, available at: www.reuters.com/article/2012/06/14/romania-roma-idUSL5E8HE6F020120614 (accessed at: 25.02.2013)

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated minority group?

      Roma minority

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of majority driven segregation ("white flight" phenomenon)?

      There is no evidence of majority-driven segregation in the sense of white-flight phenomenon, but there is evidence of forced evictions usually to segrgated areas.

      Qualitative Info

      In 2011, Amnesty International issued a report called Mind the legal gap, Roma and the right to housing in Romania. The report documented the situation of various Roma communities which had been forcefully evicted by local authorities and relocated to inadequate housing in areas lacking access to basic utilities, some next to garbage dumps, sewage treatment plants, or industrial areas on the outskirts of cities that could be hazardous for their health. The report describes a chain of vulnerability including: lack of protection against forced evictions in national legislation, insecurity of tenure among the Roma, lack of remedies and accountability, discrimination. The report states that: “Across the country, a pattern of forced evictions of Roma, and threats of forced evictions has been documented for years by NGOs, such as Bucharest-based Romani CRISS and Budapest-based European Roma Rights Centre (ERRC). Forcibly evicted Romani communities do not just lose their homes; they lose also their possessions, their social networks and their access to work, schools and other state services. When the authorities evict Romani communities against their will, without adequate consultation, adequate notice or adequate alternative housing, they are violating international and regional treaties that the government of Romania has signed up to. Although some Roma people live in permanent structures with legal tenancy, the authorities consider many other long-standing Romani dwellings as ‘informal’ or illegal, and their inhabitants do not have any documentary proof of tenancy, which exacerbates their vulnerability to eviction.”[1]

      The trend of forced evictions and relocation to inadequate conditions continued in 2012 with the activities of local authorities in Baia Mare. [2]

      As an example of rejecting Roma as neighbours, according to the NGO Romani CRISS, in 2008, after extensive flooding affecting many Roma houses, in the locality of Arbore, Suceava county, the local authorities initiated administrative works to rebuild the houses and relocate those which were in the flooding area elsewhere. A local council decision would have been necessary in order to allocate the neccessary land from the private state property. A number of members of the community sent a memorandum to the local authorities asking for the decision not to include the locals of Roma ethnicity, because they did not want them as their neighbours. Following this memorandum, the local authorities no longer adopted any decision. The NGO filed a complaint with the Romanian equality body – National Council for Combating Discrimination. [3]


       

      Sources:

      [1] Amnesty International, Mind the Legal Gap, Roma and the right to housing in Romania, June 2011, available at: http://www.amnesty.org/en/library/asset/EUR39/004/2011/en/5f9becde-66e9-4262-bb3a-ff1c3681046d/eur390042011en.pdf (last accessed: 17.02.2012)

      [2] Materials on the situation in Baia Mare and reactions to it can be found at: Andrei Trif (2012) ‘Intoxicaţie în masă printre locatarii blocului social amenajat la Cuprom Baia Mare’ (‘Mass intoxication among the inhabitants of the social block of flats arranged at Cuprom Baia Mare’), eMaramureş, 2 June 2012, available at: www.emaramures.ro/Stiri/67195/ULTIMA-ORA-Intoxicatie-in-masa-printre-locatarii-blocului-social-Cuprom-Baia-Mare (accessed at: 25.02.2013) and Bogdan Eduard (2012) ‘Exclusiv EVZ: Auschwitz-ul de la Baia Mare. 2000 de romi mutaţi în Uzina Morţii de primarul Cherecheş “Chimicul’ (Exclusive EVZ: the Auschwitz from Baia Mare. 2,000 Roma moved from the Death Plant by mayor Chereches, the “Chemical”), Evenimentul Zilei, 4 June 2012, available at:  www.evz.ro/detalii/stiri/exclusiv-evz-auschwitz-ul-de-la-baia-mare-2000-de-romi-mutati-in-uzina-mortii-de-primar-984719.html (accessed at: 25.02.2013)  Romani CRISS, Şanse Egale and Asociaţia Umanitară Împreună (2012) ‘Scrisoare Deschisă’ (‘Open Letter’), Bucharest, 3 June 2012, available at: www.romanicriss.org/PDF/Scrisoare%20deschisa%20Baia%20Mare%20evacuari%20si%20incident%20substante_2012.pdf   (accessed at: 25.02.2013); US Embassy to Bucharest (2012) ‘US Embassy Statement on the Roma Housing Situation in Baia Mare’, 6 June 2012, available at: http://romania.usembassy.gov/policy/media/pr-06062012.html (accessed at: 25.02.2013) Council of Europe, Commissioner for Human Rights, “Romania: Commissioner concerned about the relocation of Roma in a toxic building”, Strasbourg, 7 June 2012, available at: www.coe.int/t/commissioner/News/2012/120607BaiaMare_en.asp (accessed at: 25.02.2013); Radu Marinaş (2012) ‘Roma relocation scores Romania mayor a major vote win’, Reuters, 14 June 2012, available at: www.reuters.com/article/2012/06/14/romania-roma-idUSL5E8HE6F020120614 (accessed at: 25.02.2013)

      [3] Romani CRISS, Presentation of the Arbore case, available at: http://www.romanicriss.org/Prezentare%20caz%20Arbore%20locuire.pdf (last accessed: 17.02.2012)

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Yes, in the case of the Roma.

      Qualitative Info

      Aside from various reports drafted along the years and also looking at Roma housing, a 2011 Amnesty International report documented the situation of various Roma communities in Romania from the perspective of the right to housings with all its facets. The report argues that Romania has an inadequate legal framework in the area of housing, not incorporating international human rights standards. According to AI, this legal gap and inadequacy, combined with the existence of pervasive discrimination against the Roma “has led to widespread violations of the right to housing, including forced evictions, and resettlement of families and communities in conditions that fall far below international standards”. It also argues that local authorities are not held accountable and that the victims have limited or no access to justice and remedies. In 2012, Amnesty International issed another brief developing a checklist for neccessary legal changes and focusing on the case of a Roma community forcefully evicted from the city centre in the middle of winter 2010 to the outskirts of Cluj Napoca municipality next to the city garbage collection site but also next to a larger, pre-exiting segregated and extremely impovrished Roma community living in shacks.


       

      Source:

      Amnesty International, Mind the Legal Gap, Roma and the right to housing in Romania, June 2011, available at: http://www.amnesty.org/en/library/asset/EUR39/004/2011/en/5f9becde-66e9-4262-bb3a-ff1c3681046d/eur390042011en.pdf (last accessed: 19.02.2012); Amnesty Iternational, Unsafe foundations: secure the right to housing in Romania (EUR 39/002/2012), 08.05.2012, available at: http://amnesty.org/en/library/info/EUR39/002/2012/en (accessed at: 25.02.2013)

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.amnesty.org/en/library/asset/EUR39/004/2011/en/5f9becde-66e9-4262-bb3a-ff1c3681046d/eur390042011en.pdf, http://amnesty.org/en/library/info/EUR39/002/2012/en

      See other countriesSee indicator history
    • Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?

      Yes, in what concerns the Roma minority

      Qualitative Info

      Precarious housing is a situation documented in various reports related to the Roma minority. Some Roma communities have been driven to extreme conditions by poverty and lack of opportunity, while others have been driven to such situations by forced evictions undertaken by authorities. A 2011, Amnesty International Report states: “In cases documented by Amnesty International, alternative housing provided to Romani families who had been forcibly evicted from their homes often fails to comply with standards included in international and national law. When alternative housing is offered by the authorities, it is often built in very precarious conditions and lacks basic facilities such as water, heating or electricity, in breach of even the minimum standards included in Romanian legislation. In recent years, Romani CRISS and other NGOs have documented a number of cases where Romani communities have been forcibly evicted and relocated next to garbage dumps, sewage treatment plants, or industrial areas on the outskirts of cities that could be hazardous for their health”. [1]

      A news television presented in 2011 a documentary on the situation of such communities, “ghettoes”. The focus was however on poverty,  and not on the fact that the overwhelming majority of the inhabitants of these most horrendous places are Roma. [2]


       

      Sources:

      1. Amnesty International, Mind the Legal Gap, Roma and the right to housing in Romania, June 2011, available at: http://www.amnesty.org/en/library/asset/EUR39/004/2011/en/5f9becde-66e9-4262-bb3a-ff1c3681046d/eur390042011en.pdf (last accessed: 19.02.2012)

      2. Antena3, In premiera, 20.11.2011, available at: http://www.youtube.com/watch?v=h_YFqoKlWdM (last accessed: 19.02.2012)

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.youtube.com/watch?v=h_YFqoKlWdM

      See other countriesSee indicator history
    • Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?

      Roma minority

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?

      Specific difficulties are apparent in connection to the Roma minority

      Qualitative Info

      An EU Agency for Fundamental Rights survey from 2009, called EU-MIDIS, looking at discrimination experiences of the Roma, asked whether people had been discriminated against by the housing agency/landlord in the past 12 months. For Romania, only 3 per cent stated that their discrimination experiences happened in such contexts. Yet, this result should also be connected, like the survey also mentions, to how many people actually sought accommodation in the past 12 months. [1] It also needs to be seen in the context of how much of a general rule it is in each of the countries surveyed (seven) to go to a housing agency when one tries to find accommodation or rather to rely on friends and family in order to avoid paying the agency fee (a rule also influenced by how high the average individual income is), of the level of intra-community renting, etc...

      The phenomenon of insecure tenure (lack of documentation for the houses they have been inhabiting for years) in the case of Roma communities is also relevant in this context. The Roma Inclusion Barometer published by the Open Society Foundation Romania in 2007 showed that only 66 per cent of the Roma stated that they had a contract for their house compared to 82 per cent of the rest. Of those with a contract, 9 per cent of the Roma live in dwellings rented from the state as opposed to 1 per cent of the rest. [2]

      Another important aspect is revealed by a 2011 Amnesty International report which states that: “Roma are particularly affected by the fact that the right to adequate housing is not protected in law as they have been historically excluded from access to land and property. They are further disadvantaged by the lack of social housing, in a country where 97 per cent of housing is private. Despite the challenges facing Romani communities in accessing adequate housing, the criteria used by local authorities for allocation of social housing fail to target Roma (...) Although some Roma people live in permanent structures with legal tenancy, the authorities consider many other long-standing Romani dwellings as 'informal' or illegal, and their inhabitants do not have any documentary proof of tenancy, which exacerbates their vulnerability to eviction”. [3]


       

      Sources:

      1. European Union Agency for Fundamental Rights, European Union Minorities and Discrimination Survey (EU-MIDIS) Data in Focus Report, The Roma, 2009, available at: http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS_ROMA_EN.pdf (last accessed at: 19.02.2012)

      2. Open Society Foundation, Roma Inclusion Barometer, 2007, p. 35, available at: http://www.soros.ro/en/publicatii.php?cat=16  (last accessed at: 19.02.2012)

      3. Amnesty International, Mind the Legal Gap, Roma and the right to housing in Romania, June 2011, p. 2, available at: http://www.amnesty.org/en/library/asset/EUR39/004/2011/en/5f9becde-66e9-4262-bb3a-ff1c3681046d/eur390042011en.pdf (last accessed: 19.02.2012)

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Affected group with particular difficulties in purchasing or renting property of own choice

      The Roma minority faces specific tenure difficulties

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
  • Education

    Roma children experience the most severe problems in the field of education (poor performance, high drop-out rates) against the background of discrimination. There is no data about foreign children in schools, only a 2011 report indicating practical obstacles in accessing the Romanian language and cultural orientation courses. While optional courses related to human rights were introduced, the mainstream school population does not benefit of them as mandatory subjects and the curricula and teaching materials do not reflect diversity.

    • Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?

      Information is available for Roma minority.

      Qualitative Info

      A 2011 quantitative study identified the following data: "Taking into account parents’ answers related to all the children in their household, in the 2,037 cases thus resulted we identified the following attendance distribution in terms of current participation in a form of education: 0.2% child nursery attendance, 3.5% kindergarten attendance, 0.6% school-prep year and 29.3% school attendance, whereas 66.3% of all children are not attending any type of schooling."

      Among practical obstacles identified by the study are:

      - for day nursery: lack of such an establishment in their residential area (especially for rural communities) (29.6%), financial shortcomings (23.6%).

      - for kindergarten: lack of financial resources (44.7%).

      - for school: lack of financial resources (55.8%), children working inside the household (13.7%)

      - "Lack of transportation is a reason for non-enrolment invoked solely in rural areas.
      Most children don’t even have their own desk to do their homework on, they don’t spend any time or less than an hour on their homework, and their family can seldom help them with schoolwork."

      - The study also reports as obstacles to school enrollment of Roma children being: "the teachers’ indifference to the humiliation and embarrassment that Roma children feel because of the way other children relate to them, as well as the discriminatory treatment that some Roma children and parents receive in school, especially those living in precarious conditions.", "the mediator was the only person from school who stayed directly in touch with them, communicating on a regular basis and providing support when necessary."

      - Lack of ID papers for children (10.7%) or parents could also be a reason for school non-enrollment ("While 71.4% of parents with ID documents enrolled their children in school at some point, only 55.9% of parents without identity papers did the same.").


      Source:

      Laura Surdu (coord.), Enikö Vincze, Marius Wamsiedel, Roma school participatio, non-attendance and discriminatio in Romania, UNICEF, Bucuresti, Vanemonde, 2011, pp.5-11, 31, available at http://www.romanicriss.org/PDF/RC%202011%20-%20Roma%20school%20participation,%20non-attendance...%20%28en%29.pdf (accessed on 17.02.2012).
       

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.romanicriss.org/PDF/RC%202011%20-%20Roma%20school%20participation,%20non-attendance...%20%28en%29.pdf

      See other countriesSee indicator history
    • Practical obstacles and evidence of problems and differential enrollment rates for migrants?

      No statistical data available on children enrollment. Certain qualitative data as to obstacles encountered in accessing language and cultural orientation courses.

      Qualitative Info

      A 2011 report making reference to other research points out that there are a number of obstacles immigrants face in accessing the Romanian language and cultural orientation courses they should have access to: they do not know what is on offer; where to look for the offer; or how to enroll; the timetable fails to take into account the potential beneficiaries’ work schedule; the courses are not adapted to the cultural specificities of the immigrant communities; the courses should provide for accelerated learning of the language; the providers should issue certificates that prove the level of Romanian language mastery; the offer should include more than one knowledge levels.


      Source:

      Alexe, I, Păunescu, B., Study on the immigration phenomenon in Romania. The aliens’ integration into the Romanian society, 2011, Bucharest, Soros Foundation Romania, p. 40, available at http://www.soros.ro/ro/publicatii.php?cat=15# (Accessed on 21.12.2011)


       

      Groups affected/interested

      • Migrants
      • Refugees

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.soros.ro/ro/publicatii.php?cat=15#

      See other countriesSee indicator history
    • Poorer educational performance by certain groups?

      Available data refer to Roma students.

      Qualitative Info

      A 2010 research report states: "From the data reported by the schools included in this study, the non-promotion rate (the number of students failing the grade in 2008/09 out of the total number of students) is somewhere around 8.9% of the total students from 2008/09 school year. [...] Previous research has proved that the non-promotion rate among Roma is significantly higher than that of the majority
      population. If we refer strictly to Roma students, their nonpromotion rate is 15%, according to the data gathered from the schools included in the research." The report shows that this rate is twice as high as the overall non-promotion rate and "over three quarters of all the children who failed the grade in 2008/09 in the researched schools were Roma."


      Source:

      Gelu Duminică, Ana Ivasiuc, One school for all? : access to quality education for roma children : research report,  Buzău, Alpha MDN, 2011, pp.106-107, available at http://www.unicef.org/romania/One_school_for_all_pt_WEB.pdf (accessed on 17.02.2012).

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.unicef.org/romania/One_school_for_all_pt_WEB.pdf

      See other countriesSee indicator history
    • Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?

      The group for which there are data showing problems in this area is the Roma.

      Qualitative Info

      Several studies show that the drop out of school in case of Roma pupils is higher compared to their peers:

      "Roma children are more likely to drop out of school than their peers of different ethnicity (EUMAP 2007:25); 4 out of 5 unschooled children are Roma (Presidential Commission Report 2007:8); and Roma children reach significantly lower levels of school participation as regards both primary education (idem), and secondary and higher education (Fleck and Rughini 2008:157; 167)..." [1]

      A 2011 study makes a quantitative assessment of the Roma children's participation in education and tries to get a clear understanding over the dimensions of non-attendance and dropout and over their underlying causes, using a national representative sample of Roma parents with school-age children. Its results show that "...of the 2,037 cases on which we could collect relevant information, 597 are children aged 7-11 years, and 636 are children aged 12-16 years. Of those 597 children aged 7-11 years, 264 don’t attend any form of education (44.22%). For the 636 children in the 12-16 age group, 411 have dropped out/are not participating in school (64.62%)." [2]


       

       

      Sources:

       

      [1] Laura Surdu (coord.), Enikö Vincze, Marius Wamsiedel, Roma school participation, non-attendance and discrimination in Romania, UNICEF, Bucuresti, Vanemonde, 2011, p.11, available at http://www.romanicriss.org/PDF/RC%202011%20-%20Roma%20school%20participation,%20non-attendance...%20%28en%29.pdf (accessed on 17.02.2012).

      [2] Laura Surdu (coord.), Enikö Vincze, Marius Wamsiedel, Roma school participation, non-attendance and discrimination in Romania, UNICEF, Bucuresti, Vanemonde, 2011, p.32, available at http://www.romanicriss.org/PDF/RC%202011%20-%20Roma%20school%20participation,%20non-attendance...%20%28en%29.pdf (accessed on 17.02.2012).

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.romanicriss.org/PDF/RC%202011%20-%20Roma%20school%20participation,%20non-attendance...%20%28en%29.pdf

      See other countriesSee indicator history
    • Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?

      A 2011 study points that access to learning Romanian language for immigrants has increased, but it is merely due to project-based provision of language courses by non-governmental organisations.

      Qualitative Info

      According to a 2011 study, an increasing number of immigrants benefit from Romanian language and cultural orientation courses. However, research points out that there are a number of obstacles immigrants face in accessing such courses: they do not know what is on offer; where to look for the offer; or how to enrol; the timetable fails to take into account the potential beneficiaries’ work schedule; the courses are not adapted to the cultural specificities of the immigrant communities; the courses should provide for accelerated learning of the language; the providers should issue certificates that prove the level of Romanian language mastery.


      Alexe, I, Păunescu, B. (2011) Studiu asupra fenomenului imigraţiei în România. Integrarea străinilor în societatea românească (Study on the immigration phenomenon in Romania. The aliens’ integration into the Romanian society”), București, Fundația Soros România, available at http://www.soros.ro/ro/publicatii.php?cat=15# (accessed on 21.12.2011)

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Victimisation in schools (bullying/harassment/racist violence) ?
    • Provision of option to learn mother language other than the majority's

      Yes, there is the option of learning mother language within the school curricula if the person belongs to one of the 20 national minorities recognized in Romania.

      Qualitative Info

      Art. 45 and the following of the Law No.1/2011 on national education (Legea educatiei nationale nr.1/2011) provides for the right of persons belonging to national minorities to learn and study in their mother language at all levels, types and forms of undergraduate education, according to the law.

      Groups affected/interested

      • National minorities

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.dreptonline.ro/legislatie/legea_educatiei_nationale_lege_1_2011.php

      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of migrants

      No data on segregation could be found. The state educational system does not regulate distinct schooling of migrants.

      Qualitative Info

      According to Government Ordincance 44/2004 on the social integration of foreigners who have obtained a form of protection or a right to stay in Romania, as well as of citizens of states member of the EU and the EEA, Article 10, minors who have obtained a form of protection (the article does not refer to children with a right to stay but the subsequent detailed methodology regulated through Minister of Education Order 5.925/2009) benefit for the duration of a school year of a free Romanian language innitiation course. During the course, they can attend other school activities without being officially recorded. After the one year language course they are tested and enrolled in the corresponding grade.

      Groups affected/interested

      • Migrants
      • Refugees

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of minorities

      Yes.

      Qualitative Info

      According to the research report  "One school for all?: access to quality education for roma children", "in Romania, Roma segregation is the most widespread phenomenon of ethnic segregation. There are two types of ethnic segregation: de jure segregation – the consequence of a local or national government decision, and de facto segregation (residential segregation resulting from the demographic concentration of an ethnic group in an geographical area). Residential segregation may be due to the so called “white flight” trend where in families with high socioeconomic status flee an impoverishing area, thereby the learners from a low socioeconomic background become overrepresented. In this trend, the socioeconomic status is often linked to a specific ethnicity. A third type of school segregation, based on academic attainment, is sometimes practiced and it consists in separating “good” students or students who have attended early childhood education from the other children. The risk of accruing multiple vulnerabilities (minority group, low socioeconomic level, abridged cultural capital) is quite high for the Roma, which means that this type of segregation may in fact overlap with ethnic segregation." [1]

      According to the research "Participation, scholar absenteeism and discrimination experience of the Roma in Romania" supported by the UNICEF representation in Romania, close to 60 % of the Roma children who attend preschool go to segregated kindergartens (where over 50% of the children are Roma), and 11,7% of the Roma children are in all-Roma kindergarten groups.

      Segregation is more accentuated in primary school, where 64,5 % of the students learn in segregated classes, while the percentage of secondary school students is 53% (maybe because the percentage of Roma students in Gymnasiums is lower). In primary school, a percentage of 9,8 % learn in classes in which all the students are Roma, and at Gymnasium level the percentage is 9,5 %.

      Segregation trends in classes are more pronounced in rural areas, where 68,6% of Roma children learn in segregated classes in comparison with a percentage of 47,6 in rural areas. Roma children coming from families in which the Romani language is spoken 64 % of them learn in segregated classes by comparison with 48,3 % of children who speak the Romanian language in the family. This fact can be explained by residential segregation, more pronounced in the case of the Romani language speakers, but also by a more severe discrimination of the traditional Roma.

      The questionnaires were administered in the period of December 2009-January 2010, to a sample of 985 Roma adults having at least a child who abandoned the school, and to a sample of 979 Roma adults whose all children attended primary or secondary school. There were selected 56 compact Roma communities from 30 Counties and from Bucharest municipality. [2]


       

      Sources

      [1] Duminică, G., Ivasiuc, A. (2010) One school for all? : access to quality education for roma children : research report , available at http://www.unicef.org/romania/One_school_for_all_pt_WEB.pdf (Accessed on 21.12.2011)

      [2] Surdu, L. (coord.) (2011) Participare, absenteism şcolar şi experienţa discriminării în cazul romilor în Romania (Participation, scholar absenteeism and discrimination experience of the Roma in Romania), Bucureşti, Vanemonde, available also at http://www.unicef.ro/&files/ghid_absenteism.pdf (Accessed on 21.12.2011)

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.unicef.org/romania/One_school_for_all_pt_WEB.pdf

      See other countriesSee indicator history
  • Health And Social Protection

    Data show increased rates for Roma infant mortality and lower life expectancy among Roma than the majority population. While self-evaluation indicates no specific morbidity, a 2008 qualitative research indicates often association with diseases caused by poverty. Legal residents have the same rights as Romanians as to public health insurance conditions. Only Romanian citizens are eligible for the minimum income allowance. 

    • Is there evidence of increased morbidity rates for minority and migrant groups?

      No data available disaggregated on minority groups and migrants.

      See other countriesSee indicator history
    • Is there evidence of increased mortality rates for minority and migrant groups?

      There is data available showing increased rates for Roma infant mortality. Life expectancy among Roma is reported as being lower than the majority population.

      Qualitative Info

      Infant mortality among Roma is reported being three or four times higher than among the majority population.

      Life expectancy among Roma is reported being 64 years old compared to 70 years old for the majority population.

       


      Source:

      • Rezumat. Raportul Naţional IRSDTC pentru România [Summary. National Report IRSDTC for Romania], 2010, pp.6-7, 4 December 2010, citing Fleck Gabor, C. Rughinis (2008). Vino mai aproape: Excluziunea și incluziunea romilor în România de azi [Come closer. Inclusion and Exclusion of Roma in Present Day Romanian Society], Guvernul României and Raportul UNDP Evitarea capcanei dependenţei. Romii în Europa centrală și de est [Avoiding the Dependency Trap. Roma in Central and Eastern Europe], available at http://medlive.hotnews.ro/wp-content/uploads/2010/12/Raportul-Na%C5%A3ional-IRSDTC-pentru-Rom%C3%A2nia_rezumat.pdf (Accessed on 12.01.2012)

      Groups affected/interested

      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of forced heatlhcare/intervention practices to minorities?
    • Specific health issues such as diseases specific to particular groups

      In the case of Roma, there are different assessments available based on different methodologies.

      Qualitative Info

      A 2009 quantitative research based on the self-evaluation of Roma population indicates no specific morbidity characterizing this minority group. Roma adults suffer from the same diseases as the majority population - cardio-vascular diseases and nutrition diseases. Roma children suffer especially from respiratory diseases. However, the report points out that this conclusion is based on the self-evaluation of Roma and not objective factors and that this self-evaluation should be read in the cultural context where disease is associated with serious symptoms and death.

      Futhermore, the study indicates that inadequate nutrition and its immediate consequences like overweight and obesity, and insufficient physical exercise represent major risk factors for health. [1]

       

      A 2008 qualitative research based on in depth interviews with Roma population, Roma mediators and healthcare personnel concludes that:

      "Case studies indicate that Roma families are often affected by diseases caused by poverty. The lack of drinking water, crowded housing, low income are factors that increase the risks for health. Unhealthy eating habits and smoking addiction make victims among both Roma and non-Roma ('gadje'), probably predominantly in poor households." [2]

       


      Sources:

      Groups affected/interested

      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://www.romanicriss.org/index.php?option=com_content&task=view&id=306&Itemid=53

      See other countriesSee indicator history
    • Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

      For public health insurance, the same conditions apply if the foreign citizens and stateless persons have their stable residence in Romania or have prolongued their temporary residence in Romania.

      As to the minimum income allowance, only Romanian citizens are eligible.

      For unemployment insurance, foreigners are eligible during the period of time they have a stable residence in Romania and are employed or have incomes according to the law.

      Qualitative Info

      According to Art.211 of the Law No.95/2006 regarding the reform of the health system (Legea nr.95/2006 privind reforma in domeniul sanatatii), the persons who are insured within the public healthcare system are Romanian citizens having their stable residence in the country, as well as foreign citizens and stateless persons who have their stable residence in Romania or have prolongued their temporary residence in Romania. These persons have the obligation to pay contribution to the national public healthcare fund.

      As to minimum income allowance, Law No.416/2001 (Legea nr. 416/2001, privind venitul minim garantat) applies only to Romanian citizens (Art.1).

      The unemployment insurance is regulated by Law No.76/2002 regarding the insurance system for unemployment and the stimulation of the work force (Legea 76/2002 privind sistemul asigurarilor pentru somaj si stimularea ocuparii fortei de munca).

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://www.avocatnet.ro/content/articles/id_12650/9/comentarii.html; http://www.dreptonline.ro/legislatie/legea_venitului_minim_garantat.php; http://www.dreptonline.ro/legislatie/legea_asigurarilor_somaj.php

      See other countriesSee indicator history
    • Do migrants have a higher risk of poverty than the rest of the population?

      No data could be found on this topic.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Xenophobia

      Key socio-economic / Institutional Areas

      • Integration - social cohesion

      External Url http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF

      See other countriesSee indicator history
    • Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?

      The only information available concerns Roma. Women play particular roles in many Roma communities with regards to the family's  health care. Therefore, they are more likely to interact with the health care system and be exposed to discriminatory attitudes that may arise in accessing health services.

      Qualitative Info

      Roma women have three main roles in their communities with regards to healthcare: (1) as caregivers, they are responsible for the family's health, (2) the great majority of Roma health mediators are women, and (3) they are responsible of "sensitive issues" like family planning and reproduction. Consequently Roma women's awareness and access to information about health issues is essential. This is reported as deficient by researchers of the field.

      Sources:

      Gabor Fleck, Cosmina Rughinis, Vino mai aproape. Incluziunea si exclusiunea romilor in societatea romanesca de azi [Come Closer. Roma Inclusion and Exclusion in the Romanian Society Today], pp.96-97, available at http://www.anr.gov.ro/docs/Publicatii/Vino_mai_aproape.pdf (Accessed on 12.01.2012)

       

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Are there policies and/or good practices accomodating culture/ traditions' respect in health care

      Yes. Roma health mediator. The right of the patient to be informed and communicate in his/her mother tongue or in a language he/she knows or through other means of communication, if the patient does not speak Romanian.

      Qualitative Info

      The Roma health mediator, a profession that has been functioning for many years, aims to improve Roma population's access to healthcare services. Its main objectives are overcoming social disadvantages and structural discrimination (taking care of insurance arrangements, informing the community about health issues, mediating the relation with the family doctor and other healthcare personnel). According to the Health Mediator's Occupational Standard, the Roma health mediator (usually a woman) is expected to be aware of the traditional cultural system of the community she works for and ensure the promotion of tolerance and cultural diversity.

      Article 8 of the Patient's Rights Law (Law No.46/2003) prescribes the right of the patient to be informed and communicate in his/her mother tongue or in a language he/she knows or through other means of communication, if the patient does not speak Romanian. There is no assessment made regarding the implementation of this legal provision into practice.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Ethnic minorities
      • Linguistic minorities
      • Asylum seekers
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://www.cereas.info/so/42.pdf

      See other countriesSee indicator history
  • Political & Civic Participation

    According to the Constitution, only Romanian citizens have the right to vote in general/local elections. There are no formal mechanisms of consultation for migrants, but independent attempts at creating one. Information about a person's ethnic origin is considered by the authorities confidential personal data. Consequently, there is no data about the ethnic composition of public administration, only about the representation in elected bodies at the national and local level, when these are clearly coming from ethnic communities. The OSCE/ODIHR Election Expert Team report on the December 2012 Romanian Parliament elections noted that legislation favoured minority organizations already represented on the Council of National Minorities and did not allow for pluralism and competition, mentioning that a number of minority organizations could not register to run in elections.

  • Public Life, Culture, Sport & Media

    Foreigners face some restrictions with regards to political rights. Minority language media is quite developed, especially in what regards the Hungarian minority. Racism, violence and hate speech are sanctioned in sporting venues through specific sport regulations (especially in football) and through law. Sanctions (of the equality body or sports federations) have also happened, yet no overall statistics and evaluation in terms of dissuasiveness could be identified.

    • Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?

      In 2011, census legislation was amended making it unclear whether self-identification with regards to minority/ethnicity/language is the only criterion for registering these characteristics during census. However, the guidelines for the 2011 census reviewers were clear that they should only register this information as declared by the person and not make suppositions about the person's ethnicity, etc.

      Qualitative Info

      Article 12 of Government Ordinance No.36/2007 regarding the carrying out of the population and houses census in Romania in 2011 (Ordonanta nr. 36/2007 privind efectuarea recensamantului populatiei si al locuintelor din Romania in anul 2011) used to provide that self identification is the only way of registering ethnicity at population census of October 2011. However, in March 2011, this article was amended by Government Emergency Ordinance No.34 of 30 March 2011, which took out the provision regarding selfidentification. Consequently, the law stays unclear, even though the law states on the principle of confidentiality and the need that the person gives consent for institutions to use data regarding ethnicity, religion and mother tongue (Art.121 of the GEO No.34/2011). A good development is that the census reviewer's guide states clearly on the principle of selfidentification of the person's ethnicity, religion and mother tongue (the document is available at http://www.recensamantromania.ro/wp-content/uploads/2011/07/manual-rpl_pag94-121.pdf, p.113).

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.recensamantromania.ro/wp-content/uploads/2011/04/Ordonanta-de-Guvern-nr-36-RPL-si-Legea-de-aprobare.pdf; http://www.recensamantromania.ro/wp-content/uploads/2011/10/OUG_34_2011.pdf

      See other countriesSee indicator history
    • Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants

      There are some restrictions as to foreigners' political activity on the teritory of Romania.

      Qualitative Info

      The law regarding associations and foundation does not contain restrictions. The same with the law on public assemblies. However, this law speaks only about "the citizens'" freedom of assembly, not every person's freedom of assembly (Article 1 of Law No.60/1991 regarding the organization and carrying out of public assemblies (Legea nr. 60/1991 privind organizarea si desfasurarea adunarilor publice). Furthermore, some restrictions to freedom of association and public assembly are prescribed by the Law on the status of foreigners in Romania - Art.4.(2) states that "[f]oreigners cannot organize on the territory of Romania political parties or other similar organizations or groups and they cannot be a part of these, cannot ocupy public dignities and cannot initiate, organize nor participate to demonstrations or assemblies that touch upon the public order or national security" (Government Emergency Ordinance No.194/2002 regarding the status of foreigners in Romania).
       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://legislatie.resurse-pentru-democratie.org/60_1991.php; http://www.dreptonline.ro/legislatie/oug_regimul_strainilor_romania_ordonanta_urgenta_194_2002_republicata_2008.php

      See other countriesSee indicator history
    • Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities

      NO

      Qualitative Info

      Article 1 of Law No.60/1991 regarding the organization and carrying out of public assemblies (Legea nr. 60/1991 privind organizarea si desfasurarea adunarilor publice) provides for the citizens' freedom of assembly (national minorities in Romania are Romanian citizens that belong to one of the 18 recognized ethnic minorities). Article 1 of Government Ordinance No.26/2000 regarding associations and foundations (Ordonanta nr. 26/2000 cu privire la asociatii si fundatii) provides for the right of every individual to establish an association and a foundation.

        

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://legislatie.resurse-pentru-democratie.org/60_1991.php

      See other countriesSee indicator history
    • Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?

      Limiting conditions for obtaining the status of religious association or denomination are imposed to all persons, irrespective of ethnicity. There is no evaluation whether these legal conditions disproportionally affect certain ethnic minorities (especially new groups belonging to religious denominations who do not have a tradition of existing in Romania). Practical obstacles have been reported for the Roman Catholic Csango community.

      Qualitative Info

      Article 5 of the Law No.489/2006 regarding freedom of religion and the status of religious denominations (Legea nr. 489/2006 privind libertatea religioasa si regimul general al cultelor) provides for the right of every person to manifest its religion or belief, collectively. However, Article 40 of the law imposes for the recognition of an association as a religious association that the application comes from a number of 300 persons having Romanian citizenship or residence in Romania. For a religious denomination to be recognised, besides being registered as a religious association, the group has to show a history of minimum 12 years of working in Romania, a number of members who are Romanian citizens equal to 0,1% of the total population of Romania.

      Practical obstacles for an ethnic minority exercising it religion have been reported with regards to the Csango community.

      In 2001, the Council of Europe Assembly was adopting a recommendation regarding the Romanian Csangos. The recommendation described the community in the following terms:

      "The Csangos (Ceangai in Romanian) are a non-homogeneous group of Roman Catholic people. This ethnic group is a relic from the Middle Ages that has survived in Moldavia, in the eastern part of the Romanian Carpathians. Csangos speak an early form of Hungarian and are associated with ancient traditions, and a great diversity of folk art and culture, which is of exceptional value for Europe.

      For centuries, the self-identity of the Csangos was based on the Roman Catholic religion and their own language spoken in the family and the village community. This, as well as their archaic lifestyle and world view, may explain their very strong ties to the Roman Catholic religion and the survival of their dialect.

      Those who still speak Csango or consider it their mother tongue have been declining as a proportion of the population. Although not everybody agrees on this number it is thought that between 60 000 and 70 000 people speak the Csango language.

      The Csangos make no political demands, but merely want to be recognised as a distinct culture. They ask for assistance in safeguarding it and, first and foremost they demand that their children be taught the Csango language and that their church services be held in their mother tongue." [1]

      According to the US Department of State 2009 Human Rights Report for Romania, "a Roman Catholic Csango community, an ethnic group that speaks a Hungarian dialect, continued to complain that its members were unable to hold regular religious services in their mother tongue because of the opposition of the Roman Catholic Bishopric of Iasi. On October 17, however, there was progress in addressing these complaints when a mass in the village of Vladnic, Bacau County, was held in three languages (Romanian, Hungarian, and Latin)". [2]

      A 2011 report regarding the Romanian Csango states that: “Although the Roman Catholic Church and the Vatican have not fundamentally revised their attitude towards the status of the Hungarian language in Moldavia, it is readily apparent that the numerous petitions from local communities, and international interventions, as well as a relaxation of the state policy towards Hungarian Csangos have contributed to establishing a more relaxed climate and a respect for diversity that is markedly different from the years 1990-2000. Through the co-celebration of Mass in Romanian, Latin and Hungarian - together with Catholic high-priests from Romania and Hungary - by none other than the Roman Catholic bishop of Iasi (Jászvásár), IPS Petru Gherghel, previously known for his harsh rejection of Hungarian worship in Moldavia's churches, a positive signal has been sent out, the results of which will be felt over time.” [4]

       


      Sources:

      [1] Council of Europe Parliamentary Assembly Recommendation 1501 (2001) - Csango minority culture in Romania, available at:  http://www.coe.ro/as_rec1521-2001_en.html (Date of access: 20.02.2012.)

      [2] US Department of State, 2009 Human Rights Report: Romania

      http://www.state.gov/g/drl/rls/hrrpt/2009/eur/136053.htm  published on 11.13.2010 (Date of access: 20.02.2012.)

      [3] Divers Association, Reprezentantul Vaticanului sprijina slujbele in limba maghiara pentru ceangai (Vatican’s representative supports religious services in Hungarian for the Csango) http://www.divers.ro/eveniment_ro?func=viewSubmission&sid=4890&wid=37453 (Date of access: 20.02.2012.)

      [4] Gabriel Andreescu, Smaranda Enache, Report on the exercising of linguistic rights by the Hungarian Csangos in Moldavia, , in We like to live here, Stúdium Ltd, Cluj-Napoca, 2011, p. 418, available at http://www.sogorcsaba.eu/ebook/we_like_to_live_here/  (Date of access: 20.02.2012

       

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      • Integration - social cohesion
      • Religion

      External Url http://www.dreptonline.ro/legislatie/lege_libertate_religioasa_regimul_cultelor.php

      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for Migrant and minority media?

      Yes, there are positive measures.

      Qualitative Info

      Various reports monitoring the implementation of language rights as asumed by the Romanian state, mainly authored by state institutions but also by an NGO, make assesments and provide information on minority media. We have made a selection of  relevant information below. The information can be contextualized by reading the reports, whose links are provided under Sources:

       

      Ownership

       

      According to a report authored by the Ethnocultural Diversity Resource Center  (EDRC) NGO quoting data from the CNA [National Audiovisual Council] representative "there are dozens of station which broadcast in Hungarian. This fact is due to the dimension of the Hungarian minority (~6,6 % of the population) and also to the proximity to Hungary. There are many stations that broadcast in Romania from Hungary or are owned by Hungarian companies licensed in Romania. Especially where there is a large Hungarian community we can talk about private radio stations which operate based on market principles.” Although, “the fact that radio stations which broadcast in minority languages do not cover all the geographical areas where users of these languages live continues to be a problem. From this point of view it is important to mention that there are no private radio stations with regional coverage”, which is a disadvantage for users of Hungarian as mother tongue especially in the rural areas, or for those who live in areas which do not have a larger number of Hungarian ethnics.

      “There are independent TV production studios at professional standards only in Hungarian. According to the TVR [Romanian National Television] representatives, thanks to some partnerships, TVR obtained the right to broadcast TV materials produced in these studios, especially documentaries movies. In return, TVR has the possibility to offer to these producer materials from its own archive, which contains programmes produced since 1969.”

      According to the same report “[t]here is no centralized information regarding radio programmes in regional or minority languages broadcasted by private stations.  From the information obtained from the CNA representative, the Ethnocultural Diversity Resource Center find that "except Hungarian, Serbian and Turkish there are no radio programmes in national minority languages on other stations than those belonging to the public service. The reasons are mainly of financial nature, due to the small number of users of these languages, commercial station find no interest in including such programmes in their program schedules.” [1]

       

      Broadcasting

       

      As regards Hungarian language, Romania has undertaken by ratifying the Charter for Regional or Minority Languages, adopted in Strasbourg in 1992 to “encourage and/or facilitate the creation of at least one radio station and one television channel”.

      ERDC states that “[a]t this moment there is no public service radio station or television channel which broadcasts exclusively in Hungarian. An interim solution for compliance with these provisions is the creation in 2008 of the Târgu-Mureş regional television studio, which broadcast approximately 50% in Hungarian. Similarly, Radio Târgu-Mureş, which covers with programmes Mureş, Braşov, Harghita and Covasna counties, broadcasts weekly 3,000 minutes in Hungarian on FM (short waves), of which 2,200 minutes also on medium waves.”

       

      The report also mentions that “[a] relevant aspect regarding access to radio programmes is the internet broadcasting. The online presence of a radio station has much smaller costs than traditional wave broadcasting and it can be received even outside the coverage area. The majority of private owned radio stations which broadcast in Hungarian can be listened to live over internet. As regards to the other minority languages, they can be listened to over internet thanks to the fact that SRR ensures live streaming of its programmes, regional public radio stations are available on www.radioromaniaregional.ro.” [2]

       

      As a member state of the European Union, the provisions of Article 4 (a) 1. of the Audiovisual Media Services Directive (Directive 2007/65/EC of the European Parliament and of the Council) are applicable in Romania: "Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual media services from other Member States for reasons which fall within the fields coordinated by this Directive”.

       

      According to the Initial Periodical Report on the Implementation of the European Charter for Regional or Minority Languages in Romania, quoting data from the National Audiovisual Council, the neighbouring states of Romania which are not members of the European Union may transmit programmes dedicated to the national minorities of Romania, based on an agreement of retransmission issued by the National Audiovisual Council for audiovisual programmes which do not fall under the provisions of an international agreement of free retransmission. “In this situation might be the programmes transmitted by the Ukraine, Serbia and the Republic of Moldova for the national minorities of Romania.” [3]

       

      According to its activity report, TVR reserved a broadcasting time for weekly broadcasting on TVR3 channel of an artistic movie produced in states from which national minorities come, with Romanian subtitles. TVR signed or will sign collaboration agreements with public televisions from Albania, Bulgaria, Czech Republic, Croatia, Germany, Greece, Israel, Macedonia, Russia, Serbia, Slovakia, Turkey, Ukraine and Hungary.” [4]

       

      Monitoring

       

      The EDRC report submits that “[t]he media, in general, presents aspects regarding ethnic and linguistic minority communities and ethnic-linguistic diversity. However, there is no specialized body for controlling the written press; in the audiovisual field the guarantor of these principles (rather of non-infringement of these principles) is the National Audiovisual Council (www.cna.ro).” [5] “Some of the National Audiovisual Council decisions, with normative value, are also relevant (based on the Audiovisual Law no. 504/2002). Among the criteria on the basis of which the Council decides the issuing of audiovisual licenses are included the degree to which the structure and format of the programmes proposed by the broadcasters ensure the protection of national minority cultures and languages. […] In addition, it is stipulated that ‘in news programmes and debates on subjects of public interest regarding national minorities … the national minorities’ perspective shall be presented’”. [6]

      “Regarding the written press, this field is not regulated by a special law, and it operates largely based on the principle of self-regulation. Journalists’ organizations drafted a deontological code and evaluate, through awards, the performances in this field. The Law on press in the Romanian Socialist Republic of 3rd March 1974, republished, is still in force, and it states that 'conditions for informing and expressing opinions also through press bodies in mother tongue are created for the working people of co-existing nationalities”' This law is practically ignored as regards to its enforcement, due to its lack of relevance for the current state of the press.” [7] 

       

      It is considered by EDRC “that an analysis of the content of the broadcasted audiovisual productions and their relevance for the targeted audience and for the linguistic protection of regional and minority languages is necessary.”

       “As regards to the content of radio programmes, mostly the programmes broadcasted by public radio stations represent own productions. These are journalistic materials ranging from news bulletins to informative, educative and entertainment materials. Among the types rarely encountered in the program schedule, especially in own productions, can be found the radio theatre. Radio Cluj recorded and broadcasted in 2008 a Hungarian radio theatre play. The programme package for ethnic minorities of the Romanian Radio Broadcasting Society includes radio materials through which SRR has the intention (according to the activity report) to cultivate the language and cultural values of national minorities, their traditions and customs, and to present the life and the preoccupations of ethnic communities that are part of the Romanian society.” [8] 

       

      Through the Decision of the National Audiovisual Council no. 403/2005 “The commercial radio stations broadcast music, interactive programmes and are in general popular among the public. Depending on the type and coverage are of the station these are obliged to broadcast own productions containing local interest information”. [9] 

       

      During 15 - 30 November 2010, the Faculties of Communication of Sapientia University and of Babes-Bolyai University with the support of Communitas Foundation carried out a monitoring on the correct use of the Hungarian language in the Romanian audiovisual programs. The study is published on the National Audiovisual Council's website.[10]

      Furthermore, EDRC mentions in its report that “[t]he Hungarian magazine programme on TVR includes [...]a brief section dedicated to the correct speaking of the language. ” [11]


       

      Source:

      [1] Ethnocultural Diversity Resource Center (2009) Report on the implementation of The European Charter for Regional or Minority Languages in Romania, Chapter on Media, page 11, available at http://www.edrc.ro/docs/docs/carta/Report-Lang-Charter-MM-final-ENG.pdf (Date of access: 20.02.2012.)

      [2] Ibid. [1] page 10-12

      [3] See Romania, Initial Periodical Report on the Implementation of the European Charter for Regional or Minority Languages in Romania (2010), available at http://www.coe.int/t/dg4/education/minlang/Report/PeriodicalReports/RomaniaPR1_en.pdf (Date of access: 20.02.2012.)

      [4] Romanian Television Activity Report 2010, page 69 available at http://www.tvr.ro/files/88875.pdf (Date of access: 20.02.2012.). See also EDRC report, page 17

       [5] Ibid. [1], page 6

       [6] Ibid. [1], page 2

       [7] Ibid. [1], page 2

       [8] Ibid. [1], page 15

       [9] Ibid. [1], page 16. See also the Decision of the National Audiovisual Council no. 403/2005, available at http://arhiva.cna.ro/reglementari/decizii/d40305.html (Date of access: 20.02.2012.)

      [10] National Audiovisual Council,  Studiul monitorizării limbii maghiare în programele audiovizuale din România (Study on monitoring the Hungarian language in the Romanian audiovisual programs), 21.02.2011., available in Hungarian at  http://www.cna.ro/-Monitorizarea-limbii-maghiare-in-.html (Date of access: 20.02.2012.)

       [11] Ibid. [1], page 16

      Groups affected/interested

      • National minorities

      Type (R/D)

      • Inter-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Culture
      • Media

      External Url http://www.edrc.ro/docs/docs/carta/Report-Lang-Charter-MM-final-ENG.pdf

      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?

      Yes, there are positive measures.

      Qualitative Info

      Radio and television programmes in minority languages

       

      According to the Romanian Audiovisual Law [1] the National Audiovisual Council (Consiliul Naţional al Audiovizualului) is responsible for safeguarding the national minority’s cultures and languages, including through monitoring the correct use of these languages.  Moreover, it states that in localities in which a national minority represents over 20% of the total population, broadcasters shall provide broadcasting services which are free for retransmission in the respective national minority language.[2]

      Law no. 41/1994 [3] states that the national public radio and television, in order to ensure  audiovisual programmes in minority or regional languages, pursue the following objective: “production of radio or television programmes in national minority languages or in other languages with an informative, cultural, educative or entertainment purpose”. The Romanian Radio Broadcasting Society and the Romanian Television Society have the task to promote national minorities’ values and, as Article 7 paragraph (3) of the same law mentions, to include in the minimum of 30% of European programmes broadcasted, additionally to the Romanian programmes, programmes which are specific for the national minorities." [4]

       

      The Romanian Television Society (Societatea Română de Televiziune - SRTV) telecasts also a series of programmes in national minority languages. According to Romania's Initial Periodical Report on the Implementation of the European Charter for Regional or Minority Languages it can be asserted that 2008 represented a crucial year for the national minorities’ programmes. For the first time, the distinction between programmes in the
      minority languages (subtitled in Romanian) and programmes about national minorities in Romanian is made.[5]

      The Report on the implementation of The European Charter for Regional or Minority Languages in Romania of the Ethnocultural Diversity Resource Center (EDRC) shows that "[i]n order to cater for Romania’s 20 national minorities, at present, TVR’s schedule includes programmes in: Hungarian, German, Serbian, Bulgarian, Croat, Russian, Turkish, Czech, Slovak, Ukrainian (of the languages included in Part III of the Charter Charter for Regional or Minority Languages, adopted in Strasbourg in 1992 and ratified by the Romanian Parliament through Law 282 of 2007), and Tatar, Greek, Romani (from the languages included in Part II of the Charter). In addition to these, TVR also broadcasts programmes in Romanian about the life and culture of the Polish, Italian, Armenian, Albanian, Ruthenian, Jewish and Macedonian communities."

       

      But, EDRC also states that "there should be pointed  out some aspects which must be taken into consideration in the evaluation of these programmes’ contribution to the protection of regional and minority languages: the duration of broadcast is very short in the case of some languages; unfavourable broadcasting hours – especially in the first part of the afternoon when the audience is composed mainly of children and senior citizens; the relevance of these programmes for the daily life of the communities - the broadcasted mostly present events which are significant for the communities with aspects related to religion, traditions and customs; the quality of the broadcasted materials - relevant aspects from this point of view are the low audiences of these shows (explained also by the broadcasting hours), low production budgets, the fact that for some languages the stations do not have their own employed language users and work with collaborators, the lack of studies regarding the needs and interests of the audience and the limited means of consulting with the public used by producers. [6]

       

      In addition to shows in minority languages, public radio station and television channels include programmes in Romanian about the life of ethnic communities, for example Cohabitations (Convietuiri) on TVR, in the attempt to promote mutual knowledge and respect for diversity, including linguistic diversity. [7]

       

      Publications in minority languages

       

      As reported by EDRC "[p]art of the communities that represent national minorities have publication in their language (some with bi-lingual content) published by organizations of the respective minorities.  These usually are weekly, monthly or even quarterly magazines and cover subjects related to the minorities’ culture, customs and language. Some of the organizations’ of small minorities publish separately an extra literal publication in their mother tongue. These publications are usually financed by founds which the minorities’ organizations receive from the Department for Inter-ethnic Relations. Published in small scale, from a few hundred to 1,500 copies, these magazines are generally distributed free of charge to communities through worship places, mother tongue schools, town halls and branches of minority’s organizations. One can talk about written press published on a regular basis – daily or weakly – only in the cases of Hungarian and German." [8]


      Source:

       

      [1] Law no. 504/2002 on audiovisual, available at http://www.cna.ro/Legea-audiovizualului.html (Date of access: 12.03.2012.)

      [2] Ethnocultural Diversity Resource Center (2009) Report on the implementation of The European Charter for Regional or Minority Languages in Romania, Chapter on Media, page 1, available at http://www.edrc.ro/docs/docs/carta/Report-Lang-Charter-MM-final-ENG.pdf (Date of access: 20.02.2012.)

      [3] Law no. 41/1994 regarding the organization and functioning of Romanian Radio Broadcast Society and the Romanian Television Society, republished, available at http://www.cna.ro/LEGE-Nr-41-din-17-iunie-1994,2196.html (Date of access: 12.03.2012.)

      [4] Ibid. [2], p 1-2

      [5] See Initial Periodical Report on the Implementation of the European Charter for Regional or Minority Languages in Romania (2010), p. 108, available at http://www.coe.int/t/dg4/education/minlang/Report/PeriodicalReports/RomaniaPR1_en.pdf (Date of access: 20.02.2012.)

      [6] Ibid. [2], p 5

      [7] Ibid. [2], p 6

      [8] Ibid. [2], p 18

      Groups affected/interested

      • National minorities

      Type (R/D)

      • Inter-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Culture
      • Media

      External Url http:/www.edrc.ro/docs/docs/carta/Report-Lang-Charter-MM-final-ENG.pdf

      See other countriesSee indicator history
    • Sport: Effective participation of migrants in sport

      No data as to effective participation could be found. There are certain restrictions connected to quotas for extra-community players.

      Qualitative Info

      For example, according to the Romanian Football Federation Regulations for organizing the football activity, Art 47,7.2,  players citizens of a non-EU member state can play for Romanian football clubs at official games only under the following conditions: maximum five extra-community players at the same time on the field for both women and men in the First League, maximum three for the Second League, maximum two for the Third League (participating in some specific competitions), maximum five players recorded in the referee report for indoors football.


       

      Source:

      Romanian Football Federation Regulations for organizing the football activity, Bucharest, 2009, available at: http://www.frf.ro/sites/default/files/frf/docs/2010_02/Regulament%20de%20organizare%20a%20activitatii%20fotbalistice.pdf (21.02.2012)

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Sport
      See other countriesSee indicator history
    • Sport: Effective participation of minorities in sport

      No data is available. There is no data as to barriers to effective participation, although sporting events are not free from discriminatory incidents.

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • National minorities

      Type (R/D)

      • Anti-semitism
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Nationalism
      • On grounds of other belief
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Sport
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history