The legal and the institutional framework on gender equality in Romania

1. The legal and the institutional framework on gender equality in Romania Presented by Madalina Cristea-Ioan Created by Madalina Cristea –Ioan, Elena Dobre and Alexandra Nemes, National Agency for Equal Opportunities between Women and Men Ministry of Labor, Family and Equal Opportunities, ROMANIA

2. Government of Romania Parliament Approves the components The institutional framework on gender equality National Commission in the field of Equal Opportunities between women and men Ministry of Labor, Family and Equal Opportunities National Council for Combating Discrimination Parliamentary Commissions in the field of Equal Opportunities between women and men National Agency for Equal Opportunities between women and men coordinates coordinates Central Level County Level 42 County Decentralized Structures County Commissions in the field of Equal Opportunities between women and men Ensures the technical assistance Approves the components Institution of Prefect

3. The legal framework on gender equality Main legal provisions on equal opportunities between women and men • The Romanian Constitution legally binds the Romanian state to guarantee the equal opportunities between women and men according to article 16: “Access to public, civil, or military positions or dignities may be granted….. The Romanian State shall guarantee equal opportunities for men and women to occupy such positions and dignities.” • Law no. 53/2003 - Labour Code regulates the equal treatment in the Art. 5 and art 6 “Art 5 - (2) Any direct or indirect discrimination against an employee based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity shall be prohibited.

4. Art. 6. [employee protection] (3) Any discrimination based on sex shall, as regards all elements and conditions of compensation, be prohibited for equal work or work of equal value. • Ordinance no.137/2000 –on preventing and sanctioning all form of discrimination Is relevant to the right to non-discrimination and equality in its entirety. Article 1(2) sets out that the “principle of equality among citizens and the elimination of discrimination shall be guaranteed in a wide range of issues including, equal treatment before courts and any other jurisdictional bodies..”  Chapter II, section I sets out the provisions relating to equality in economic activity, in terms of employment and profession; section II deals with access to legal, administrative and health public services and to other services, goods and facilities; and section III relates to access to education.

5. The fundamental law on equal opportunities is the Law no. 202/2002 on equal opportunities and treatment between women and men, republished with alterations and completions in 2007; • The law defines the principles of equal opportunities between women and men, direct discrimination, indirect discrimination, harassment, sexual harassment, incentive measures or positive discrimination, work of equal value; • The law also regulates: • - the equal opportunities and treatment between women and men in the field of labour ; • - the equality of opportunities and treatment as regards the access to education, health, culture and information; • - the equal opportunities between women and men as regards the participation in the decision making process; • - the public authorities qualified to enforce and control the implementation of the legislation on the equal opportunities and treatment between women and men; • - settlement of notifications, complaints regarding the gender-based discriminations;

6. Transposing of the acquiscommunitaire in the Romanian legislation on gender Ever since 2000 Romania started to transpose the acquis communitaire on equal opportunities between women and men. Almost all Directives are transposed in the \Romanian legisalation except for the Directive 2006/54 on the implementation of equal opportunities and treatment in matters of employment and occupation which is currently following the procedure of being transposed. The Directives of the EU have the following correspondence in the Romanian legislation: • The Directive no. 117 of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women Coresponds in the Romanian legislation: • Romanian Constitution • Law no. 53/2003 on Labor Code • Law no. 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007 • Law no. 304/2004 on judicial organisation • The Directive no. 207 of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 Coresponds in the Romanian legislation: • Law no 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007 • Law no. 53/2003 - Labour Code

7. The Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security Corresponds in the Romanian legislation: • Law no 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007 • Law no 76/2002 on the unemployment insurance system and employment stimulation, completed and amended • Law no 19/2000 on public system of pensions and other social insurance benefits, completed and amended • Law no 578/2004 regarding the granting of a monthly aid for the surviving spouse • Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood Corresponds in the Romanian legislation: • Romanian Constitution • Civil Code • Law no. 53/2003 on Labor Code • Law no 19 /2000 on Public System Pensions and Other Social Insurance Rights • Law no. 300/2004 on autorisation of natural persons as self-employed and of family associations developing economical activities independently • Law no. 92/1992 on judicial organisation • Law no 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007

8. Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding Corresponds in the Romanian legislation : • Emergency Ordonance 96/2003 on maternity protection at workplaces • Law No. 25/2004 for approval of the Emergency Ordonance96/2003regarding the maternity protection at workplace • Law 53/2003 on Labor Code, withall amendments • Law no 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007 • Governmental Decision 158/2005 regarding the leaves and the indemnities for the social health insurances • Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC Corresponds in the Romanian legislation: • Law no. 53/ 2003 on Labor Code • Law no 19 /2000 on Public System Pensions and Other Social Insurance Rights • Governmental Decision no. 250/1992 concerning the annual paid leave and other leaves for the state employees

9. Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex Corresponds in the Romanian legislation: • Law no. 53/2003 on Labor Code • Romanian Code of Civil Procedure, • Law no 202/2002 on equal opportunities between women and men, republished with modifications and completions in 2007 • Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation Corresponds in the Romanian legislation • Law no 202/2002 on equal opportunities between women and men,republished with modifications and completions in 2007 • Law no. 53/2003 - Labor Code • Council Directive nr. 2004/113/CE of 13 december 2004 on equal treatment and equal access of women and men in matter of providing and access to goods and services Corresponds in the Romanian legislation: • Ordinance no.61/2008 regarding the equal treatment and equal acces of women and men in the matter of providing and access to goods and services • Council Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) • Is still under analysis

10. The National Strategy on Equal Opportunities between Women and Men 2006-2009 The National Agency for Equal Opportunities between women and men developed during the year 2006 two very important documents: The National Strategy on Equal Opportunities between women and men for 2006-2009 and the National Action Plan for implementing The National Strategy on Equal Opportunities between women and men for 2006-2009 Economic life • Improving awareness of women’s situation on the labour market • Supporting equal access of women and men to the labour market, to professional promotion and to continuous training • Work - life balance • Facilitating the insertion on the labor market of women being in social exclusion situation or at risk Social Life • Promoting of equal participation of women and men in the community and family life • Encouraging men’s involvement in promoting the principle of equal opportunities between women and men • Supporting measures for preventing and fighting against women trafficking and gender based violence • Preventing of sexual harassment

11. Participation to decision-making process • Enforcement of legal provisions to ensure equal participation of women and men in the decision-making process • Encouraging the equal participation of women and men at all levels of the decision-making process Gender Roles and Stereotypes • Promoting gender mainstreaming in programming and implementing and assessing all public policies • Promoting the principle of equal opportunities between women and men within culture, media and education

12. In addition to the Strategy presented above there are several other National Strategies and Plans that aim, among their objectives, to promote the principle of equal opportunities between women and men and to ensure gender mainstreaming. These strategies are: • The National Plan for Combating the Poverty and for Promoting the Social Inclusion 2006-2008 • The National Strategy on Employment 2004-2010 • The National Strategy for Improving the Roma’ s Situation 2001-2010 • The National Program 2005-2008 for the Development of the Entrepreneurial Culture of the Women Manager • The National Strategy for Preventing and Fighting against Domestic Violence 2005-2007 • The National Strategy for Fighting against the Human Trafficking 2006-2010 • The National Development Plan 2007-2013

13. SWOT ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK ON GENDER STRENGHTS Young and qualified personnel involved in the institutions dealing with gender Good institutional and administrative capacity Existence of decentralized authorities and bodies on equal opportunities (County Commission on equal opportunities between women and men) Existence of relevant data’s regarding equal opportunities on the labour market, political level, etc. WEAKNESSES The overlapping of the competences of responsible institutions on gender Low level of awareness of gender polices in public administration and within the media There are no legal provisions regarding the definition of gender mainstreaming The settlement of notifications, complaints on gender should be revised to create a coherent, integrated and efficient procedure OPPORTUNITIES The European Union promotes gender equality and gender mainstreaming and supports all policies in this domain (Roadmap for equality 2006-2010) Existence of good legislative framework on equal opportunities and treatment Most of the directives on equal opportunities between women and men are transposed in the Romanian legislation The European Commission supports all the programs and activities concerning equal opportunities and treatment THREATS Lack of political will The poor promotion of the social campaign in the media (audio –visual media) Deficiencies in communication between the public institutions and the civil society and the social partners A very patriarchic and traditional mentalities within the Romanian society and reluctance to change.