Page 1

h

COUNTRY REPORT ROMANIA December 1, 2012


Coun ntry Report Ro omania, 2012

INTRODU UCTION In 2010,, a Europea an project addressing a Y Youth Sexuall Aggression and Victim mization (Y-S SAV) was launched d. Y-SAV is a three-year project co-ffinanced by the Europea an Union in tthe framewo ork of the Health P Programme to t address th he issue of s exual aggresssion and vic ctimization aamong young g people. The projject aims to build a multtidisciplinaryy network off European experts in varrious membe er states, bring to ogether the knowledge on youth se exual aggresssion and vic ctimization iin a state-o of-the-art database e, develop a more harmonised way of measuring these issue es and provi de recomme endations for strattegic action to t address th he problem oof youth sex xual aggressio on under diff fferent circumstances in different EU mem mber states. ort is part off the Y-SAV knowledge k b base. The knowledge basse presents innformation regarding r This repo youth se exual aggresssion and viictimization for each EU E member state. This report pressents the current situation in Romania re egarding poliicies, legisla ation, organisations, preevalence, rissk factors dence-based intervention ns in the are a of youth se exual aggresssion and victtimization. and evid port was co ompiled by the Y-SAV p principal inv vestigators at the Univversity of Sttockholm This rep (Sweden n), Rutgers WPF W (The Ne etherlands) aand the Univ versity of Pottsdam (Germ many). We would w like to ackno owledge Ms. Livia Anino osanu (Centrre for Partne ership and Equality) E andd Ms. Iustina a Ionescu (Euroreggional Centre e for Public Initiatives) for their important contribution to the Y-SAV report r on Romania a.

This report arises from th e project Y–SAV which has receiveed funding from the n in the fram mework of the Health Pro ogramme. Eurropean Union


Coun ntry Report Ro omania, 2012

TABLE O OF CONTENT TS A. B.  C.  D. 

Govvernment and policies ....................................................................................... Leggal situation ................................................................................................... Insttitutions, org ganisations and a services ...................................................................... Ressearch on pre evalence, rissk factors an nd evidence based b interv ventions ..............................

1 2  4  9 


Coun ntry Report Ro omania, 2012

A. GOV VERNMENT AND A POLICIES S i. Miniistries dy in charge of youth isssues is The National Autthority for Sports S and YYouth, led by y a State The bod Secretarry. with the obje ective to The Nattional Authorrity collaborrates in legaally constituted youth sttructures, w e informatioon and administrate a database on yyouth condittions and support youth activiities, provide position in Romania.. overnmentall institutionss with attrib butions in the youth fie elds are thee Ministry off Labour, Other go Family a and Social Prrotection, the Ministry off Health and d the Ministry y of Educatioon, Research h, Youth, and Sporrt. ii. Policcies Due to a governmen ntal initiative there has been an inttroduction of a Teenageer´s Day and a Young People’ss Law. There is no strategy or national plan specifi cally aimed at youth sex xual aggressiion and victiimization in force at the mome ent. iii. Currrent discussiion In March h 2010, the Ministry M of Ju ustice submiitted for pub blic debate a draft law ffor the ratification of the Coun ncil of Europ pe Convention for the P Protection of Children against Sexuaal Abuses an nd Sexual Exploitation (ratifie ed through Law L No. 2522/14.2010). The draft law l proposees, among others, to h a special monitoring m mechanism. m I n concordan nce with the Lanzarote C Convention, the draft establish law prop poses protecctive measurres and the developmen nt of guidelines for the relevant autthorities, particula arly during the criminal proceedings . No public debates d were e recorded sso far.

1


Coun ntry Report Ro omania, 2012

B. LEGA AL SITUATIO ON i. Law w and legal definitions Rape (Arrticle 197.(1) CC): sexua al act, of anyy kind, with a person of the oppositte sex or of the same sex, by forcing th hat person or by takin ng advantag ge of his or o her impoossibility to o defend herself/himself or to o express his/her will. T The general punishment is prison froom 3 to 10 years y and hibition of ce ertain rights.. the proh Article 1 197.(2) a-c) establishes e forms f of agggravated rape: two or more perpetraators; the victim was under th he care; pro otection, sup pervision or education of o the perpe etrator, the victim was a family memberr of the perpetrator; severe dam mage to th he victim’s corporal iintegrity orr health. Article19 97.(3) sanctiions for aggrravated rape e when the victim was under u 15 or the rape re esulted in the deatth of the victtim, are imp prisonment frrom 15 to 20 0 years and other o sanctioons. ng to Article 197.(4), the e common foorm of rape (from ( §1) ma ay be criminaally investiga ated only Accordin at the prrior request of the victim m. 218 of the ne ew Criminal Code adopte ed in 2009 (n not yet ratifiied) suppliess a broader definition d Article 2 of rape a as ‘the sexual intercoursse, the oral or anal sexu ual act with a person, byy forcing that person, placing tthe person in i impossibility of defen nding him or herself or to t express hiis/her will, or taking advantagge of this sittuation.’ he rape in the Criminal Code of 19 968, which iss in force noow, includes marital The defiinition of th rape. This is not covered is the new C Criminal Cod de adopted in 2009. A Also the agg gravating member’ has been limited d in the new w Criminal Code C with circumsttance that ‘tthe victim iss a family m direct lin ne blood rela ative (parents, children)) or brother and sister. al age of con nsent is 15 ye ears. The lega urther define e the threshoold for whatt ‘sexual actt of any kindd’ stands forr. For the The law does not fu minor agged between n 15-18 years, sexual ab use constitu utes an offen nse only if thhe perpetrattor is in a privilege ed position of o trust/resp ponsibility (ssee above) or o if money or o other typees of advanttages are offered to induce th he act or if the t act is pe erformed forr pornograph hic purposess according to t Article minal Code. Article 220 of the new w 2009 Crim minal Code llowered the e age for 198.(2) of the Crim ning sexual relations with w a minoor under th he age of 15 years oold from 3-10 years sanction imprison nment to 1-5 5 years impriisonment forr abuse of a child betwe een 13-15 yeaars old and 2-7 years imprison nment for ab buse of a child below 13 years old. Other O aggrav vating circum mstances are e adopted in the ne ew code, too o. he provisions of Article 199 of the Criminal Co ode which reefer to the crime of Still in fforce also th ‘seductio on’ meaning g engaging in n a sexual aact with a fe emale under the age of 18 years under false promisess of marriage which iss sanctioned d with imprrisonment frrom one to five years and the reconciliiation of the e parties lead ds to non-liaability.1 pecific prottective me easures ava ailable to victims off rape durring the There are no sp ation/proseccution, including during the court prroceedings or o if they givve evidence in court. investiga Generic protective measures m are e available ssuch as reque esting to ben nefit from ann exception from the principle e of publicity of legal prroceedings oor being entiitled to witn ness protectiion measure es in case of aggra avated crime es. A victim of rape, as any other victim v of a crime, c accorrding to the criminal procedure provisionss can be a party p to the case, has a right to lega al advice andd representa ation and ed to certain n forms of protection fo r victims of crimes according to speecial legislatiion: legal is entitle aid, psycchological co ounselling an nd financial ccompensatio on as provide ed by Law 2111/2004. nders, condiitions for release or sex ooffender reg gisters. There arre no specificc provisions for sex offen

1

Romania a/Codul Penal al României,, Romanian Crriminal Code as a for 2006 (17 July 2009). 2


Coun ntry Report Ro omania, 2012

ii. Officcial statistic cs Accordin ng to the rep port Differen nt Systems, ssimilar outco omes? 1.116 rapes were reported in Romania in 2006,, representing 5 reportts per 100.0000 of the population (which is loow compared to the European mean of 11).2 The num mber was the 005 and rem mained at thee same levell in 2007, e same in 20 97-1999. Th here are noo figures on n the convic ction rate (reports/con nvictions) but wass higher 199 available e. iii. Lega al studies Although h a new Crim minal Code was w adopted d in 2009 the ere were no significant ddebates and d changes with resspect to sen ntencing, legal and proocedural measures. No data is avaiilable on th he actual sentence es given, and d the extent to which th ey cluster clloser to the minimum/m maximum. Sanctioning measure es have not been b evaluatted.3 nt measures or assessme ents of curren nt practices had been re eported. No recen

2

Lovett, J., Kelly, L.., (2009). Diffferent System ms, Similar Outcomes? O – Tracking T Attri tion in Reporrted Rape Cases Acrross Europe. CWASU, C Daphn ne II Programm me. 3

Iordache, R., Reportt on Romania,, (2010). In FFeasibility Stu udy to Assess the Possibilitties, Opportunities and Needs to Standardise National Legiislation on Viiolence Againsst Women, Viiolence Againnst Children and a Sexual Orientatiion Violence. European Com mmission, ava ilable at www.ec.e europa.eu/jusstice/funding/daphne3/dap phne_feasibility_study_2010_en.pdf 3


Coun ntry Report Ro omania, 2012

C. INST TITUTIONS, ORGANISATI O ONS AND SE ERVICES i. National level o Romania was w set up in n 1998 as a non-governm n mental structture, but is regulated r The Youth Council of ported by the state. and supp ii. Regiional/local le evel The County Council is the authority of the re egional publiic administra ation, for thee coordination of the es of the com mmunal and town counciils to carry out o public se ervices. Therre are 41 co ounties (+ activitie Bucharesst) and mosst of them have h a speci al commissions dealing with youth issues, e.g. culture, sports, rrecreation an nd welfare. The T Councilss have specia al funds for the support of non-governmental organisa ations. al councils arre responsible for the im mplementatio on of youth policy p at thee municipal level, but The loca also for the welfare services in general. The ere is little experience e in developingg programs for f young at local leve el, most measures are ttaken at the e county level. In the coounty admin nistration people a General Directorate es of Social Assistance aand Social Protection P monitor m childdren who co ommitted illegal accts, handle ‘children in the street’ and secure the t socialisa ation and suppport of chilldren and young pe eople with sp pecial needss. These adm ministrators frequently f co ooperate witth NGOs. d institutionss, organisatiions and serrvices 1. Victiim-oriented 1.1 Nattional level Protection Department D within w the M Ministry of Labour, L Family, and Soccial Protectio on Child P Website e Type off organissation Short ption descrip

http://www.mmuncii.roo/en/ h G GO. In 2009, the e National Agency for Family Pro otection wass merged with w the N National Authority for the Protec ction of the e Child to form the National N A Authority for the Prote ection of Family and Ch hildren’s Rigghts (Govern nmental D Decision No. 1385/2009) . In 2010, th his national authority waas abolished d and its c competences s were take n over by th he Child Pro otection Deppartment witthin the M Ministry of Labour, Faamily, and Social Prottection (Goovernment Decision D N 728/2010 No. 0). The Departm T ment is ressponsible for the draftting and im mplementatio on of a n national stra ategy for th he protectio on and care of domestiic violence victims, c creating a da atabase to m monitor dom mestic violence, endorsinng the settin ng up of c centres for the t support of victims of o domestic violence, v as well as cen ntres for t rehabilitation of agg ressors. the

MIS - Counsellling Centre Against Sex xual Abuse ARTEM Website e Type off organissation Short ption descrip

www.artemis.com.ro (noo longer avaiilable). w N NGO. SServices:  helpline;;  counselliing;  crisis sup pport;  informattion;  legal assistance;  preventio on;

4


Coun ntry Report Ro omania, 2012

 

public aw wareness/lob bbying; training.

Fields of worrk: F  sexual ab buse;  male/domestic viole ence;  rape;  sexual ha arassment. G. - Associattion for Libe erty and Equ uality of Gen nder A.L.E.G Website e Type off organissation Short ption descrip

www.aleg-ro w omania.eu/ N NGO, finance ed through EEuropean pro ojects. It offers:  support for victims of violenc ce such as shelters andd counsellin ng. The f teenage ggirls and forr victims counselliing program specialises in services for of gende er-based viole ual violence)); ence (domesstic and sexu  educatio on and preve ention invollving many educational activities such s as: Girls’ Clu ub which haas launched an a education nal program for girls fro om rural environm ment (local ooffer of the city Sibiu). Project aim ms at the individual developm ment of you ung femaless. Concerne ed topics, aamong otherrs, are: abusive vs. v healthy rrelations, pre evention of sexual s aggreession, sexua ality and gender equality; e  Gender Equality E Festtivals which are addresssed to youngg people and d aim to reduce discriminatio d on between sexes due to eliminattion of sterreotypes about th he role of w women and men m and pro omotion of positive cha anges of attitudess and behaviiours.

O-Romanian Group for Defence D of H Human Rightts/Casa GRAD DO GRADO Website e Type off organissation Short ption descrip

Not available N e. N NGO. SServices:  main service: o sheltter;  other serrvices: o coun nselling; o crisiss support; o inforrmation; o netw working; o prevention; o publiic awarenesss/lobbying; o train ning. Fields of wo F ork:  main fielld of work: o male e/domestic vviolence;  other fie elds of work: o child d abuse; o sexual abuse; ence against women in co onflict situattions; o viole o wom men’s human rights.

5


Coun ntry Report Ro omania, 2012

petrator-orie ented institutions, orgaanisations an nd services 2. Perp 2.1 Nattional level Protection Department D within w the M Ministry of Labour, L Family, and Soccial Protectio on Child P Website e Type off organissation Short ption descrip

http://www.mmuncii.roo/en/ h G GO. In 2009, the e National Agency for Family Pro otection wass merged with w the N National Authority for the Protec ction of the e Child to form the National N A Authority for the Prote ection of Family and Ch hildren’s Rigghts (Govern nmental D Decision No. 1385/2009) . In 2010, th his national authority waas abolished d and its c competences s were take n over by th he Child Pro otection Deppartment witthin the M Ministry of Labour, Faamily, and Social Prottection (Goovernment Decision D N 728/2010 No. 0). The Departm T ment is ressponsible for the draftting and im mplementatio on of a n national stra ategy for th he protectio on and care of domestiic violence victims, c creating a da atabase to m monitor dom mestic violence, endorsinng the settin ng up of c centres for the t support of victims of o domestic violence, v as well as cen ntres for t rehabilitation of agg ressors. the

aining, health education n and researrch 3. Proffessional tra 3.1 Nattional level atea de Educ catie Contra aceptiva si SSexuala (SEC CS) - IPPF Me ember Societa Website e Type off organissation Short ption descrip

www.secs.ro w o N NGO. S SECS is the Romanian R fam mily planning g association n, founded inn 1990. Activities focus on raisiing public awareness A a off women’s rreproductive e health r rights, and advocating a sservice deliv very standarrds to the reelevant auth horities, t through mod del clinics, an nd by trainin ng health perrsonnel. SSECS also promotes sex education through t train ning seminarrs for teache ers, and p produces ma aterials for sschools and for margina alised young people in informal s settings. It consists c in m ajority of yo oung membe ers (under 266 years old) and a it is r recognised as a a national youth organ nisation by the t Ministry oof Youth and d Sport, f from which it has receive ed funding. Recent project: in colllaboration with R w differe ent Europeaan Family Planning P A Associations and supportt by the Ministry of Healtth, Centre foor Developm ment and P Population Activities A (C CEDPA) an in nformation, education aand communication p project (IEC)) was establiished.4

4

http://w www.ippf.org g/en/Where/rro.htm

6


Coun ntry Report Ro omania, 2012

P.A.M.E.S.U. - Romanian-American Association n for the Prromotion off Health, Ed ducation A.R.A.P and Hu uman Service es Website e Type off organissation Short ption descrip

www.arapam w mesu.org/ N NGO. SServices:  counselliing;  health ca are/therapy;;  informattion;  training. Fields of worrk: F  male/domestic viole ence.

er institutions 4. Othe 4.1 Nattional level Opportunitie es for Wome en Foundatio on Equal O Website e Type off organissation Short ption descrip

www.sef.ro/ w /?lang=en&paage=stiri (un nder construc ction) N NGO. The Foundattion’s missioon is to prromote dem T mocracy, goood governan nce and h human rightss from a gen der equality y perspective e. The main objjectives are:: T  promotin ng good g overnance principles in econom mic, politica al, and administrative goverrnance;  empowering women n and youth and prom moting thei r interests in the ation contextt; globalisa  fostering g the initiattives of wom men and youth, as com mmunity lead ders, in policy ch hange.

C (CTR R) Romanian Youth Council Website e Type off organissation Short ption descrip

www.youthe w employmentaaction.org/organization/ /romanian-yoouth-council-ctr N NGO, but reg gulated and supported by the state. CTR aims to represent tthe interestss of its Member Organisaations in rela C ation to l local and na ational authoorities in the youth fielld and with other natio onal and international structures. CTR collabo orates with national n andd local autho orities in t youth fie the eld in order to achieve common objectives in tthe improvement of y young people e’s life. CTR: C  supports youth progrrammes and activities off youth NGOss;  contributtes to the de evelopment of youth movement in R Romania;  participa ates in elab borating, im mplementing and updatting nationa al youth policies, including involvemen nt in the elaborationn of variou us laws concerning young peeople;  participa ates, through hout consulttations, in id dentifying thhe national specific problemss of young pe eople and to o contribute to their solvving;  promotes policies th hat recognise e the role and importannce of young g people he communitties they are e active. within th

7


Coun ntry Report Ro omania, 2012

The Romanian Youth C T Council reprresents arou und 20 Mem mber and Observer O O Organisation s. These incclude both national n and internationaally affiliate ed youth o organisations s. These inc lude: studen nt organisations, scout oorganisationss, peace a and democra acy organisaations, Roma and minority organisaations and regional y youth organisations. The main strrategic prioriities for CTR T R are:  participa ation;  the deve elopment a nd impleme entation of European aand nationa al youth policies;  educatio on, employm ment and th he capacity building of local and national n youth NG GOs.

8


Coun ntry Report Ro omania, 2012

D. RESEARCH ON PREVALEN NCE, RISK FA ACTORS AN ND EVIDENC CE BASED IN NTERVENTIONS Inclusion n criteria: Sttudies from 2000 2 onward ds; only quan ntitative stud dies; only stuudies reportiing youth sexual aggression (ex xcluding cases of childhoood sexual abuse, as deffined by legaal age of consent). No.

1.

Year of public.

Author

David, P., M Morris, L., Dragomirişteanu, A., Fãrcãşanu D., O., & Rãdulescu, S.

2004

Total

Study characteristics c Prevalence data

Incidence data

Perpetration data

VictimiV zation data

Heeteroseexual agggression

Sam me-sex aggrression

Rissk facto ors/ outcome s

x

-

x

x

Not speecified

Not N spe ecified

x

1

0

1

1

0

0

1

omirişteanu,, A., Fãrcãşa anu D.O., & Rãdulescu, S. (2005). Summary 1. Davvid, P., Morrris, L., Drago Rep port of the Reproductive R Health of R Romanian Min nistry of Hea alth. www w.unece.org g/stats/gender/vaw/survveys/Romaniia/Romania_ _Publication..pdf Year off data collectiion Type off sample Sample e compossition

Design Measurrement of sexual aggression Type off data collecte ed Relatio onship(s) betwee en victim and perrpetrator Inciden nce Prevale ence

Findinggs regardiing risk factors Findinggs regardiing mes or outcom consequences

2004. Representa ative sample e grouped by b socio-eco onomic statuus (ses), educational level, mariital status, u urban vs. rurral.  N Tota al = 7.496.  n (male) = 2.621, n (female) = 4.875. ange (male) 15-49, range e (female) 15-44.  Age: ra  Subsam mple in the aage bracket for this report: n = 1.1112 young wo omen and n = 584 4 young men n between 15 5-24 years. Cross-sectiional survey.. Intimate partner p viole ence includiing verbal, physical or sexual abu use. Only respondents who were e/are marrie ed were aske ed about thee experience e of those es of violen nce. No dettails reporte ed about thhe exact qu uestion(s) three type asked. Onlly findings foor sexual abu use are reported.  12-month prevalen nce.  Victimizations repoort from wom men.  Perpettration reporrt from men..  For domestic violeence: specifie ed: current or o former paartners. N/a Victimizatiion:  4.8% of o women aaged 15-19 and 0.6% of o women aaged 20-24 reported experience of sexu ual abuse thrrough their (former/currrent) partnerr. on: Perpetratio  none of the men n aged 15-2 24 confessed d having seexually abussed their er/current) p partner. (forme The lower the educatiion level and socio-econ nomic statuss, the more likely to be victim of o partner’s sexual aggre ession (based d on all age ggroups). N/a

9

Y-SAV Country report Romania, 2012  

In 2010, a European project addressing Youth Sexual Aggression and Victimization (Y-SAV) was launched. Y-SAV is a three-year project co-fina...

Read more
Read more
Similar to
Popular now
Just for you