The Committee on Economic, Social and Cultural Rights today concluded its review of the sixth periodic report of Romania, with Committee Experts thanking Romania for bringing a strong and competent delegation to the dialogue, while asking questions about how the State was combatting corruption, and how the employment of the Roma minority was being increased.
A Committee Expert thanked Romania for bringing such a strong and competent delegation, which enabled the Committee to have access to a broad range of information.
Karla Lemus De Vásque, Committee Expert and Country Rapporteur, said corruption in Western Europe and across the European Union was worsening. In the report, Romania outlined the Government's national anti-corruption strategy 2021-2025. Could the delegation provide information on corruption cases filed and investigated, as well as prosecutions, with annual statistical data and sentences handed down against the culprits? What measures were being taken to combat corruption in the private sector and illicit financial flows? What concrete measures had been taken to strengthen the role of the National Integrity Agency, the competent authority to receive complaints?
A Committee Expert said the Committee noted that the State party had taken measures to promote employment programmes and vocational training plans for vulnerable groups in the labour market, such as young people, women, persons with disabilities, Roma and minorities. However, challenges persisted. What was the impact of the measures taken to promote access to decent work for individuals belonging to the Roma community, and could Romania provide statistical data disaggregated by sex and age?
The delegation said Romania was currently implementing the anti-corruption strategy 2021-2025. Romania had more than 20 years' experience in fighting corruption and was quite successful. The State had scored more than the average of countries of the Organization for Economic Cooperation and Development in fighting corruption and was ranked in the top 10. The new strategy included a new monitoring mechanism which addressed former and new concerns within the public and private sectors. Last year, Romania had carried out 34 missions by anti-corruption agents in the country. Two working groups had been established to investigate corruption in the education and healthcare systems.
The delegation said the national strategy for Roma had increased the employment rate of those belonging to the Roma minority. A special programme was designed for communities with large numbers of Roma, and had been included in the national employment programme. It focused on pillars such as mediation services and counselling to help Roma citizens gain employment. Over 1,700 citizens belonging to the Roma minority were employed in 2022. The action plans within the national Roma strategy had numerous measures which could be disaggregated by age group.
Traian Hristea, State Secretary, Ministry of Foreign Affairs of Romania and head of the delegation, presenting the report, said the crises of the COVID-19 pandemic and Russia's illegal war of aggression against Ukraine had required urgent government action. During the past few years, vital national strategies and documents were adopted or renewed. In 2022, the State adopted the new national strategy for the inclusion of Romanian citizens belonging to the Roma minority. In January 2023, Romania adopted its first national strategy on environmental and climate change education, promoting the greening of education throughout pre-university education. Mr. Hristea said Romania looked forward to responding to the Committee's questions.
In closing remarks, Ms. Lemus De Vásque thanked Romania for the constructive vein which had prevailed over the past two days and looked forward to this continuing in future exchanges.
Mr. Hristea thanked the Committee for the interactive dialogue and all the questions, which had made Romania aware of what still needed to be done.
The delegation of Romania consisted of representatives from the Ministry of Foreign Affairs; the Ministry of Culture; the Ministry of Labour and Social Solidarity; the Ministry of Investments and European Projects; the Ministry for Development, Public Works and Administration; the Ministry of Justice; the Ministry of Interior; the Ministry of Education; the National Council for Combatting Discrimination; the Department for Interethnic Relations; the Labour Inspection; the General Inspectorate of the Romanian Police; the General Inspectorate for Immigration; the National Centre for Policies and Evaluations in Education; the National Authority for the Protection of the Rights of Persons with Disabilities; the National Agency for Equal Opportunities between Women and Men; the National Agency against Trafficking in Persons; the National Anti-drug Agency; and the Permanent Mission of Romania to the United Nations Office at Geneva.
All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. this afternoon, Wednesday, 14 February, to conclude its review of the second periodic report of Mauritania (E/C.12/MRT/2).
Report
The Committee has before it the sixth periodic report of Romania (E/C.12/ROU/6).
Presentation of Report
TRAIAN HRISTEA, State Secretary, Ministry of Foreign Affairs of Romania and head of the delegation, said the crises of the COVID-19 pandemic and Russia's illegal war of aggression against Ukraine had required urgent government action. Over seven million Ukrainian citizens had crossed Romania's borders since the end of February 2022, of which over 2.5 million benefited from direct support from the Government or from the support of its partners. Over 650 million lei were allocated from the budget; six ministries were involved in the national plan of medium and long-term measures; more than 20 laws were amended and adopted for the management of displaced persons from Ukraine; and more than 1,500 local authorities and 300 non-governmental organizations were involved in providing direct support to refugees from Ukraine.
During the past few years, vital national strategies and documents were adopted or renewed. In May 2021, the Romanian Government formally adopted the first national strategy and action plan for preventing and combatting anti-Semitism, xenophobia, radicalisation and hate speech, an expression of the continuous commitment to combatting anti-Semitism. In 2022, the State adopted the new national strategy for the inclusion of Romanian citizens belonging to the Roma minority. The ratification process of the International Labour Organization convention no. 190 had already reached Parliament and authorities had developed a guide model for public institutions and private companies to prevent and combat harassment at work. The most recent strategy for promoting equal opportunities for women and men and combatting domestic violence was based on a thorough analysis evaluating the situation of women in Romania.
Two documents for combatting poverty and promoting social inclusion were adopted in 2022, namely the national strategies for social inclusion and poverty reduction, and for the social inclusion of homeless people. Over a five-year period, they aimed to reduce the number of people at risk of poverty or social exclusion by at least seven per cent and provide social protection to homeless persons. The 2023 law on reforming the public retirement system carefully balanced full contribution and respect for dignity. In addition to more decent pension revenues, the 2022 national strategy on long-term care and active aging for the period 2023-2030 listed the development of 71 new day care and recovery centres for the elderly, with mobile home care teams. The summer of 2023 also saw the adoption of new laws for undergraduate and higher education, which focused on competence building, including functional literacy and digital skills, and ensuring support of disadvantaged groups and those at dropout risk.
Romania was currently confronted with negative trends in the population's health, including reduced birth rates, lower life expectancy, high preventable death tolls, and obesity. The new health strategy aimed to address these issues, and was complemented by the sectoral plan on preventing and monitoring HIV infections and the national action plan for combatting cancer. Romania's goal, as expressed in its long-term strategy for reducing greenhouse gas emissions, from 2023, was to achieve climate neutrality by the year 2050. In January 2023, Romania adopted its first national strategy on environmental and climate change education, promoting the greening of education throughout pre-university education. Mr. Hristea said Romania looked forward to responding to the Committee's questions.
Questions by a Committee Expert
KARLA LEMUS DE VÁSQUE, Committee Expert and Country Rapporteur, said that since 2011, the provisions of the Covenant had been invoked by the Romanian courts or by the parties in more than 1,770 cases. What was the legal status of the observations adopted by the Committees established by international treaties in the national legal context? What measures were taken to motivate the domestic implementation of the Covenant to raise awareness among lawyers, judges, and human rights defenders? What efforts had been made to ratify the Optional Protocol to the Covenant?
What was the mandate of the Romanian Institute of Human Rights concerning the promotion and protection of economic, social and cultural rights? What measures had been implemented to strengthen the independence, impartiality, and operational effectiveness of the Institute. What measures had been taken to ensure that the Institute's mandate met the requirements of the Paris Principles? Romania had adopted its first national strategy on climate change and environment education. As this was the first time the country had a strategy of this nature, could more information be provided about the objectives, scope and results expected from its implementation? Regarding the revision of the national climate energy plan, what had been the results of this review, and what measures would be implemented after the findings?
Corruption in Western Europe and across the European Union was worsening. In the report, Romania outlined the Government's national anti-corruption strategy 2021-2025. Could the delegation provide information on corruption cases filed and investigated, as well as prosecutions, with annual statistical data and sentences handed down against the culprits? What measures were being taken to combat corruption in the private sector and illicit financial flows? What concrete measures had been taken to strengthen the role of the National Integrity Agency, the competent authority to receive complaints? Romania had the second-lowest GDP per capita in the European Union, and poverty and inequality remained relatively high. In territorial terms, the economic development of the regions had been uneven, as economic progress had been faster in the capital. What measures were being implemented to promote greater equality between regions and urban and rural areas? What measures had been put in place to provide greater administrative support to less developed regions and to increase the efficiency of investment?
What concrete measures had been implemented to combat structural discrimination against Roma, in light of the challenges identified in the implementation of the national strategy? What actions were being implemented to improve the situation of the Roma population in terms of the enjoyment of these rights? What was being done to improve the monitoring and evaluation mechanism of the national strategy?
How did Romania plan to implement the recent January 2021 judgment of the European Court of Human Rights on the recognition of the gender identity of transgender people? Romania had mentioned some progress in promoting greater representation of women in decision-making positions, particularly in the central civil service in 2021 and gender representation in the 2020 parliamentary elections, and efforts to improve women's participation in decision-making processes. What measures had been launched to promote women's representation in decision-making positions in both the public and private sectors? Could the delegation elaborate on the measures taken to bridge the gender gap in labour market participation and employment and the effectiveness of these measures?
Responses by the Delegation
The delegation said the Covenant was part of the national implementation framework. The ratification on the International Labour Organization convention was pending and the draft law had been presented before parliament. The Romanian Institute for Human Rights was an independent organization under government control. The Institute had requested accreditation as a national human rights institution. Courses were available on the Covenant and judges, prosecutors, police and civil services were trained on how to interpret and apply the Covenant. The legal nature of the Covenant was important because it was mandatory for judges and prosecutors. Approximately 4,000 policemen, 350 social workers, 200 judges and 200 prosecutors had received training over the past few years on the management of sexual violence. Decision-making positions in the civil service were occupied equally by both genders. The national strategy on gender equality and combatting domestic violence stipulated measures to improve the participation of women and men in decision-making processes.
The Romanian parliament had adopted a law which provided measures for combatting anti-Roma attitude. Romania was the only European country which had a national centre for Roma and a national centre for culture. Special financial programmes of interest were underway to help 5,000 elderly people and those in rural areas and small towns. A series of projects had been implemented to increase the social inclusion of vulnerable people, including the Roma population. One project to combat poverty had been implemented across 149 rural communities. There was a balancing of the local budget for areas of lower capacity. The allocation was higher for counties with lower incomes. All data on the income and expense of local budgets was public and included figures on types of expenses such as culture, social assistance, housing, health and education.
In January 2023, Romania adopted its first national strategy on environmental and climate education. The objectives and measures envisaged by the strategy covered informal and formal education, and foresaw the creation of a network of "green" schools. "Green" schools would implement measures to ensure a sustainable school infrastructure. During "Green Week", celebrated each year, all schools organised activities pertaining to climate change. The Prosecutor's Office had implemented a project called "partnership for equality of lesbian, gay, bisexual, transgender and intersex persons". One of the activities involved trainings delivered for judges, prosecutors and police officials, in the case law of the European Court of Human Rights. In two years, training was delivered to more than 500 law enforcement officials. Training also targeted how to manage cases of hate crime directed against lesbian, gay, bisexual, transgender and intersex persons.
Questions by Committee Experts
A Committee Expert asked for information about the level of income and wealth inequality in the country? Given the high economic inequality in society, did the State party plan to enhance to progressivity of the tax system?
Another Expert asked if the report had been shared with representatives of minorities in Romania?
One Expert asked if people with the highest income proportionality paid more tax than people with a lower income? Were there taxes on bigger and multi-national companies? What was the scope of tax evasion, especially when it came to high-income earners?
Responses by the Delegation
Romania had recently established a new aid agency within the Governmental system. Funds were directed to different projects primarily aimed at climate change and education. Bilateral projects in countries like Nigeria focused on the education of women and young girls, and women's empowerment. Scholarships were issued to African and Middle Eastern countries for post graduate students. Companies exceeding a turnover of 50 million lei had to pay the minimum profit tax, while gas and oil companies exceeding 50 million lei in turnover needed to pay an additional charge.
Romania was currently implementing the anti-corruption strategy 2021-2025. Romania had more than 20 years' experience in fighting corruption and was quite successful. The State had scored more than the average of countries of the Organization for Economic Cooperation and Development in fighting corruption and was ranked in the top 10. The new strategy included a new monitoring mechanism which addressed former and new concerns within the public and private sectors. Last year, Romania had carried out 34 missions by anti-corruption agents in the country. Two working groups had been established to investigate corruption in the education and healthcare systems. In 2023, the State acceded to the anti-bribery Convention and created a subsequent working group. The drafting of the new human strategy to fight corruption was part of the new plan. The anti-corruption directorate had received enough funds from the Government and a headquarters had been provided.
Forty per cent of the national resilience and recovery plan was allocated to the green transition. Over two trillion lei in total were dedicated to creating a fully green society. There were specific sectoral tasks for different areas. Recently, Romania had adopted legislation regarding work balance for parents.
Questions by a Committee Expert
A Committee Expert said the Committee noted that the State party had taken measures to promote employment programmes and vocational training plans for vulnerable groups in the labour market, such as young people, women, persons with disabilities, Roma and minorities. However, challenges persisted. The share of young people not in education, employment or training remained among the highest in the European Union. Had this changed following the implementation of measures to promote employment opportunities for young people? What was the impact of the measures taken to promote access to decent work for individuals belonging to the Roma community, and could Romania provide statistical data disaggregated by sex and age? What was the percentage of persons with disabilities employed in the labour market? What employment measures had been introduced to increase women's access to decent work?
What were the methods and procedures for determining the minimum wage? What measures had been taken to address the problem of in-work poverty and to ensure a fair remuneration for those in non-standard forms of work? What were the specific measures undertaken to reduce the high rate of fatal accidents at work? What measures had the State party taken to review the restrictive minimum membership requirement for forming a trade union? What were the measures taken to strengthen the existing sanctions in cases of anti-union discrimination to ensure their effectiveness?
The Committee was concerned about the limited impact of programmes on poverty reduction. The level of guaranteed minimum income and the minimum level of unemployment benefit had remained constant since 2008. What measures had been taken to increase the coverage and adequacy of the guaranteed minimum income or the newly envisaged minimum inclusion income? What was being done to increase the minimum level of unemployment benefit. Who could access medical assistance and was it confined to emergency care?
Responses by the Delegation
The delegation said there were new programmes in place to protect single people and families who were vulnerable. The number of fatal accidents in the workplace had decreased from 2013 to 2023. Each year, 100 controls were performed by labour inspectors, which had improved the labour conditions throughout the country. Education employment programmes dedicated to young people had established measures, including financing the development of a youth network. Integrated measures for young people's employment had been developed, which included an emphasis on basic digital skills. Training on entrepreneurial skills, mentoring and coaching for young people had been undertaken to increase their entrepreneurial potential.
Measures had been taken to remove barriers to trade union freedoms. The number of members required to form a trade union had been reduced to 10 employees from the same unit. The possibility of organising strikes against the Government was introduced, and a procedure was established. Any interference by employers in the process of the establishment of a trade union organization would result in fines. The new social dialogue law was adopted in consultation with the International Labour Organization.
According to law 448 from 2006, public authorities and legal entities which had at least 50 employees had the obligation to hire persons with disabilities. The national strategy for the rights of persons with disabilities from 2022 to 2027 was the public policy document which developed the implementation of the Convention on the Rights of Persons with Disabilities. The national strategy aimed to ensure the full and effective participation of persons with disabilities, based on free decision in all areas of life.
The minimum wage had increased by 226 per cent over the past 19 years. Starting from July this year, the minimum wage would be 3,700 lei. Policies were in place which enabled people in vulnerable situations to access benefits, regardless of if they were in rural or urban areas. Local administration institutions could provide information regarding eligibility conditions for low-income persons to access the benefits. The national strategy for Roma had increased the employment rate of those belonging to the Roma minority. A special programme was designed for communities with large numbers of Roma, and had been included in the national employment programme. It focused on pillars such as mediation services and counselling to help Roma citizens gain employment. Over 1,700 citizens belonging to the Roma minority were employed in 2022. The action plans within the national Roma strategy had numerous measures which could be disaggregated by age group. The right to medical assistance was guaranteed within the Romanian Constitution and emergency medical assistance was provided to everyone.
In the last six years, trainings had been organised for trade union leaders in managing discrimination cases in courts. The case law showed that sanctions were high and effective remedies were able to be obtained in courts. Romania was undertaking a comprehensive reform of the whole education system, with early education being a top priority. Within the national recovery and resilience plan, a mechanism was being developed to establish a new minimum wage, in line with those in the European Union.
Questions by a Committee Expert
A Committee Expert thanked Romania for bringing such a strong and competent delegation, which enabled the Committee to have access to a broad range of information. The Expert asked about information provided by civil society and non-governmental organizations during the dialogue? Would Romania ratify the Optional Protocol to the Covenant? What were the obstacles in this regard? What were the concrete measures adopted by the State party to ensure the protection of the family? What was being done to punish the exploitation of children and adolescents? What mechanisms were in place to report, monitor and respond to cases of abuse? What measures were being taken to raise public awareness of the harmful practice of corporal punishment on children, and encourage these actions to be stopped?
Did Romania plan to revise the law on granting nationality to children born in the State party who would otherwise be stateless? What was being done to improve the standards of living of the most vulnerable families and children? What measures had been adopted to progressively improve the conditions of the poorest people, particularly regarding access to food and decent housing? What measures were being taken by Romania to combat social inequalities between different segments of the population, including the elderly, pensioners, and people living in rural areas? Could additional information on forced evictions be provided? What were the legal provisions in place around this practice and what was being done to prevent them? What budget was available and earmarked for mental health? How was access to mental health care being improved? How was it ensured that all women had access to legal abortion services?
Responses by the Delegation
The delegation said the social dialogue law was being implemented. Information campaigns had been launched with the Labour Inspectorate throughout the country. Romania's recovery and resilience plan helped to fulfil all the rights in the Covenant, particularly following the difficult period of COVID-19. Around 50,295 persons with disabilities were employed in Romania in 2023, with more than 9,000 employed in the private sector.
The report was made public before its adoption, but there were no inputs from civil society. Romania would explore possible ways of further participation with civil society, in conjunction with the Office of the High Commissioner for Human Rights. Before the ratification of the Optional Protocol was approved, evaluation was needed, which was currently being undertaken by various ministries.
In Romania, there was a unique toll-free hotline to report instances of abuse to social services. The calls reporting the various situations affecting children were handled 24 hours a day, seven days a week, by trained professionals. In some instances, the police or medical services would be immediately alerted if the calls required it. If a child was in danger due to abuse or negligence, they would immediately be withdrawn from the family, and a social protection measure, approved by the court, would be implemented. Such a measure would be assessed every three months.
Provisions criminalising trafficking in human beings had been systematised to facilitate closer work with other divisions. Child trafficking remained an autonomous offence. One of the problems the State had identified was a lack of adequate training for the experts who worked with child victims of abuse and trafficking. To combat this, multiple training sessions were organised, covering topics such as trauma and identification services, for more than 300 specialists working directly with children.
Romania's internal legal framework had been harmonised with the provisions of the Istanbul Convention. In 2023, the number of cases of domestic violence increased by more than 4 per cent, compared to the previous year, to 57,800 cases. More than 1,000 mobile teams had been created to assist victims of domestic violence, and 10 major awareness raising campaigns had been carried out on this topic. A law was being established to create a mechanism, which provided financial and social support for domestic violence victims. A voucher mechanism had also been established in 2023, which enabled victims to access money quickly, to ensure they could access accommodation, medical assistance and other necessities.
Last week, parliament voted an extension on the protection order for other cases of violence, including harassment. The project would enter into force within 180 days once promulgated by the President. Any form of corporal punishment used against children was strictly forbidden. In terms of school violence, Romania faced a worrying phenomenon. One in four Romanian students had reported they were bullied in school, according to an assessment carried out in 2023. This topic was high on the agenda of the Ministry of Education, as it affected the wellbeing of children. This phenomenon was more prevalent in disadvantaged schools. Romania was conducting comprehensive studies on new forms of school violence throughout the country to identify and better document existing challenges, and to find solutions.
The national campaign for stopping violence in schools involved more than 450 activities, benefitting more than 25,000 children. A campaign of 19 days of prevention of violence against children was carried out throughout the country. Of 1,200 schools, half were in urban areas and half in rural areas.
A series of lectures had been carried out for more than 500 students in Bucharest on Roma history and culture. A nationwide project had been launched to extend the programme to all police and schools. The national centre for Roma history and culture had launched awareness raising campaigns to overcome negative stereotypes around the population, and to help Roma youth become more visible within the public discourse. Romania's citizenship legislation was aligned with international standards on combatting statelessness. A new draft law was recently launched which aimed to improve the laws around citizenship, including protecting children who had been adopted.
Following the pandemic, the State had developed increased supportive measures for vulnerable groups. These included food vouchers, essential food packages, energy vouchers, and packages for mothers and new-born babies, among others. In 2023, 2.6 million people benefitted from these measures.
Questions by Committee Experts
KARLA LEMUS DE VÁSQUE, Committee Expert and Country Rapporteur, asked what portion of the Government budget was devoted to mental health? What further support would be given to patients suffering from psycho-social issues. How did the State guarantee that all women had access to legal abortion and post-abortion support?
A Committee Expert said the high child mortality rate in Romania was concerning; it was the highest in the European Union. There were major gaps in neonatal care, particularly when it came to rural and urban areas. Could the State party elaborate on those issues and what measures were being taken to combat child mortality rates?
Another Expert asked if the delegation could provide more information about the minimum income law? Was the minimum level of income insurance now considered adequate?
Responses by the Delegation
The delegation said a plan with 19 targets had been adopted for Romanian children. The targets included having less than 400,000 children affected by poverty and exclusion, and a 95 per cent enrolment rate in education for children between the ages of four and six, among other objectives. The Government had addressed pensioners with low payments with a one-off payment and food vouchers. A law was adopted in 2023 which changed the value of the social indicator to be brought into line with the inflation rate of the previous year. The minimum inclusion income would be indexed twice this year, in line with inflation. It would therefore double compared to the previous level of aid provided. Additional criteria had been added for social housing, including if applicants belonged to vulnerable groups.
Forced evictions were carried out following court decisions. The judge decided whether it was legal or not. Illegal forced evictions were forbidden by the law in Romania. The majority of the forced evictions between 2015 and 2022 were due to emergency situations such as floods, landslides and forest fires, while 25 per cent were based on forced evictions as decided by the courts. Of those living in informal settlements, 76 per cent were people from the Roma community. Significant progress had been made in the informal housing sector, following a project which aimed to improve the governance of informal settlements.
According to the asylum law, asylum seekers had the right to receive hospital assistance, as well as free medical assistance and treatment, in cases of diseases which endangered their lives. Refugees benefitted from equal rights as Romanian citizens, and therefore were obligated to pay the health contribution, either directly to the Government, or through their employer. Those without employment could receive social services without needing to pay the contribution.
A plan of mental health action had been developed for 2024-2029, following an evaluation of health services. The plan identified measures to improve the efficiency of the national mental health system, including the creation of mobile teams. There was no specialised budget dedicated to psychiatric services. These services were financed by the national house of medical insurance. Priority had been given to reducing the risk of neo-natal deaths by increasing the level of care in appropriate units. Over 900 incubators had been distributed to hospitals to ensure neo-natal care. A new national strategy on sexual and reproductive health had been drafted to ensure access to safe abortion. Any doctor who refused to carry out an abortion needed to explain why, and was obligated to refer their patient to another doctor.
