The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (the Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. In 2017 the country held parliamentary elections. The Organization for Security and Cooperation in Europe reported the elections respected fundamental freedoms but were marred by allegations of vote buying and pressure on voters. Local elections took place in June 2019, but the main opposition party and others boycotted, accusing the government of electoral fraud. The organization’s observation mission to the local elections reported that, as a consequence of the boycott, voters did not have a meaningful choice between political options, although voting “was conducted in a generally peaceful and orderly manner.” The organization identified credible allegations of vote buying as well as pressure on voters from both the ruling party and opposition parties.
The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, gathers information, and carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces. There were some reports of abuses by members of the security forces.
Significant human rights issues included: problems with the independence of the judiciary; restrictions on free expression and the press; pervasive corruption in all branches of government and municipal institutions; and failure to enforce child labor laws.
Impunity remained a serious problem. Prosecution, and especially conviction, of officials who committed abuses was sporadic and inconsistent. Officials, politicians, judges, and persons with powerful business interests often were able to avoid prosecution.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.
The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November the Assembly amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system, which allows for rapid issuance of protective orders and produces a record of orders issued. Through November the system was used to document the generation of 2,324 protective orders.
In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.
As of November, investigators and prosecutors had registered 81 cases of alleged sexual assault. Also through November, investigators and prosecutors registered 4,313 cases of domestic violence, six of which were murders. UNICEF reported 370 cases of domestic violence through August, with fewer cases referred in 2020 than in 2019. NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March 2019, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes.
The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In 2018 the government began operating a crisis management center for victims of sexual assault at the Tirana University Hospital Center. The Ministry of Health and Social Protection reported that as of December, the center had treated 20 victims, 14 of whom were minors.
Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. There are no legal barriers to access to contraceptives, which are provided free of charge to insured women. Nevertheless, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, LGBTI community members, Roma, and Balkan Egyptian women, were often unaware of their rights to reproductive health services.
In 2018 the Ministry of Health and Social Protection established the Lilium Center with the support of UNDP to provide integrated services to survivors of sexual violence. The center is in a hospital setting and provides health care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. The center functions are based on the model adopted by the Albanian National Council for Gender Equality.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women as for men, but the government did not enforce the law effectively. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.
There were reports of discrimination in employment. Through August the commissioner for protection from discrimination received 83 complaints of employment discrimination, 54 of which were against public entities and 29 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in nine cases, five of which were against public entities and four against private entities. Through August the commissioner had received 11 complaints of discrimination on the basis of gender and ruled in favor of the employee in one case. In that case, the commissioner for protection from discrimination ruled against the Trans Adriatica Spiecapag company for dismissing a female employee due to her pregnancy, status as a parent, and gender.
Gender-biased Sex Selection: According to official figures, in 2019 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.
Birth Registration: An individual acquires citizenship by birth in the country or from a citizen parent. There were no reports of discrimination in birth registration, but onerous residency and documentation requirements for registration made it more difficult for the many Romani and Balkan-Egyptian parents who lacked legally documented places of residence to register their children. The law on civil status provides financial incentives for birth registration.
Children born to internal migrants, including some Romani families, or those returning from abroad, frequently had no birth certificates or other legal documents and consequently were unable to attend school or have access to services.
Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and members of other minorities.
Children in first through fourth grade are legally entitled to free textbooks. Because of the need to use online class delivery during the pandemic, the government offered free schoolbooks to students from the first to the seventh grade; children with special needs were eligible for free schoolbooks from the first through the twelfth grade.
Child, Early, and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities.
Sexual Exploitation of Children: Penalties for the commercial sexual exploitation of a child range from eight to 15 years’ imprisonment. The country has a statutory rape law; the minimum age for consensual sex is 14. The penalty for statutory rape is a prison term of five to 15 years. In aggravated circumstances, the penalty may increase to life imprisonment. The law prohibits making or distributing child pornography, which is punishable by imprisonment for three to 10 years. Possession of child pornography is also illegal.
Authorities generally enforced laws against rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that as of November, 13 children had been sexually exploited none of them involving pornography. In early June, reports emerged of a 14-year-old girl who was raped and later sexually exploited; videos of the abuse were posted online. The case has gone to trial.
Displaced Children: There were many displaced and street children, particularly in the Romani community. Some street children begged and some of them became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.
Institutionalized Children: NGOs considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open-migrant facility in Babrru.
Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. The law allows for moving children out of residential centers and into the care of foster families, but the government and municipalities have not used this option frequently.
Through August the General Directorate of Prisons reported that there were 17 juveniles in the justice system, none of whom had been convicted. The country lacked adequate facilities for pretrial detention of children, although the Juvenile Institute in Kavaja, the only institution in the country for juvenile offenders, was adequate for the population it served. The directorate reported that the number of minors in pretrial detention and detention facilities had decreased because of alternative sentencing.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.
Reports indicated that there were 40 to 50 Jews living in the country. There were no reports of anti-Semitic acts. In September Valentina Leskaj, a former government minister, joined the Combat Anti-Semitism Movement Advisory Board, becoming its first Muslim member.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law.
As of August the commissioner for protection from discrimination had received two complaints of alleged discrimination against individuals with disabilities and ruled in favor of the complainants in five cases. In one case the commissioner ruled against the local education office in Elbasan for refusing to hire a teacher because of her disability.
The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were in facilities that lacked accessibility or other accommodations. A 2018 study by World Vision and Save the Children reported that none of the 10 municipalities surveyed had a plan to eliminate barriers to information, communication, and mobility for persons with disabilities, or a dedicated budget to address the problem.
There were allegations of discrimination against members of the Romani and Balkan-Egyptian communities, including in housing, employment, health care, and education. Some schools resisted accepting Romani and Balkan-Egyptian students, particularly if the students appeared to be poor. Many schools that accepted Romani students marginalized them in the classroom, sometimes by physically setting them apart from other students.
As of August, the commissioner for protection from discrimination had received 12 complaints of discrimination on grounds of race and ethnicity, ruling in favor of the complainant in two cases. In one case the commissioner ruled against Fier municipality and its water and sewage utility for discriminating against Romani households. The commissioner ordered the municipality and utility to supply running water to the families. When the municipality and utility did not respond, the commissioner imposed fines.
The government adopted legislation on official minorities in 2017 but has not passed all the regulations needed for its implementation. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The legislation provides for minority language education and dual official language use for the local administrative units in which minorities traditionally reside or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”
The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. As of August, the commissioner for protection from discrimination had received one case of discrimination based on sexual orientation, which the commission started ex officio and ruled that discrimination had occurred.
Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for lesbian, gay, bisexual, transgender, and intersex rights, public officials sometimes made homophobic statements.
The law prohibits discrimination against individuals with HIV or AIDS. The Association of People Living with HIV or AIDS reported that stigma and discrimination caused individuals to avoid getting tested for HIV, leading to delayed diagnosis and consequently delayed access to care and support. Persons living with HIV or AIDS faced employment discrimination, and children living with HIV faced discrimination in school.
Romania is a constitutional republic with a democratic, multiparty parliamentary system. The bicameral parliament consists of the Senate and the Chamber of Deputies, both elected by popular vote. Observers considered local elections held on September 27 and parliamentary elections held on December 6 to have been generally free and fair and without significant irregularities.
The Ministry of Internal Affairs is responsible for the General Inspectorate of the Romanian Police, the gendarmerie, border police, the General Directorate for Internal Protection, and the Directorate General for Anticorruption. The General Directorate for Internal Protection has responsibility for intelligence gathering, counterintelligence, and preventing and combatting vulnerabilities and risks that could seriously disrupt public order or target Ministry of Internal Affairs operations. The minister of interior appoints the head of the directorate. The Romanian Intelligence Service, the domestic security agency, investigates terrorism and national security threats. The president nominates and the parliament confirms the service’s director. Civilian authorities maintained effective control over the intelligence service and the security agencies that reported to the Ministry of Internal Affairs. Members of the security forces committed some abuses.
Significant human rights issues included: cases of cruel, inhuman, or degrading treatment or punishment by the government; widespread official corruption; lack of investigation and accountability for violence against women and girls; and crimes of violence targeting institutionalized persons with disabilities and members of ethnic minority groups.
The judiciary took steps to prosecute and punish officials who committed abuses, but authorities did not have effective mechanisms to do so and delayed proceedings involving alleged police abuse and corruption, with the result that many of the cases ended in acquittals. Impunity for perpetrators of some human rights abuses was a continuing problem.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is illegal. The law provides for five to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault. If there are no aggravating circumstances and the attack did not lead to death, police and prosecutors may not pursue a case on their own, but they require a victim’s complaint, even if there is independent physical evidence.
The law classifies family violence as a separate offense and stipulates that when murder, battery, or other serious violence is committed against a family member, the penalty is increased. The law also states that, if the parties reconcile, criminal liability is removed. Amendments to the law on equal opportunities for men and women passed during the year include cyberviolence among the forms of domestic violence and defines it as the occurrence of online harassment, online messages that incite to hate based on gender criteria, or the nonconsensual publication of private graphic content that aim to humiliate, scare, threaten or reduce victims to silence. The FILIA Center for Gender Studies and Curriculum Development–an NGO that aims to promote gender equality–stated that there were no regulations to implement these amendments.
Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address. The law provides for the issuance of provisional restraining orders by police for a maximum of five days and restraining orders by a court for a maximum of six months upon the victim’s request or at the request of a prosecutor, the state representative in charge of protecting victims of family violence, or, if the victim agrees, a social service provider. Violation of a restraining order is punishable by imprisonment for six months to five years, but the FILIA center stated that some judges may issue lesser sentences because of overlapping legislation. The court may also order an abuser to undergo psychological counselling. The FILIA Center stated that police lacked procedures for the implementation and monitoring of restraining orders.
In February, a man under a restraining order killed his wife in the town of Chitila. According to the FILIA Center, the man had violated the restraining order multiple times, a fact which police were aware of, and the woman had asked social services to provide her a secure place to live in order to prevent her husband from contacting her. Regulations authorize local governments to establish emergency mobile intervention teams that assist victims of domestic violence. Observers stated that teams lacked training and funding and were often ineffective. The FILIA Center conducted a study that revealed that most local governments of cities and villages in Bacau County did not fund any social services for victims of domestic violence, a situation that was common throughout the country.
Several human rights activists reported that some police officers tried to dissuade victims of rape from pressing charges against their aggressors and, in some cases, refused to register criminal complaints submitted by victims. In some instances, police delayed action against sexual abusers. E-Romnja, an NGO that works to advance the rights of Romani women, stated police often discouraged Romani women and girls from filing complaints. E-Romnja described the case of a 14-year-old girl who reported a rape to police in April and continued to report the case for six months. Police opened an investigation but did not question the suspect and failed to protect the victim from repeated harassment by the suspect and his family. Following several interventions from the victim’s lawyer and E-Romnja, police forwarded the case to the Prosecutor’s Office and the suspect was placed in pretrial detention in September.
Courts prosecuted very few cases of domestic abuse. Many cases were resolved before or during trial when the alleged victims dropped their charges or reconciled with the alleged abuser.
Sexual Harassment: Criminal law prohibits sexual harassment, which it defines as repeatedly asking for sexual favors in a work or similar relationship. A victim’s complaint is necessary to initiate a criminal investigation. Penalties range from fines to imprisonment of three months to one year. The law on equal opportunities for men and women defines sexual harassment as the occurrence of unwanted behavior with a sexual connotation, which can be expressed physically, verbally, or nonverbally and has the effect or result of damaging a person’s dignity and, in particular, the creation of a hostile, intimidating, degrading, humiliating, or offensive environment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, but some individuals did not have access to the information and means to do so. According to several NGOs and observers, there were infrastructure and information barriers to an individual’s ability to maintain his or her reproductive health, including the lack of community health care and age-appropriate sex education for adolescents. Some women, especially those from poor, rural, or Romani communities, had difficulty accessing reproductive health services due to a lack of information, ethnic discrimination, and poverty.
Access to government-funded contraception and family planning services was limited because of insufficient funding and training for health professionals. According to the World Health Organization, as of 2020, 71.8 percent of women of reproductive age had their need for family planning satisfied by modern methods of contraception.
Observers reported that throughout the COVID-19 pandemic, some maternity hospitals were open only for patients infected with COVID-19, making access to reproductive and prenatal care more difficult. Although home birth is not prohibited by law, regulations forbid health professionals from providing home birth services. According to UNICEF, skilled health personnel attended 94.8 percent of deliveries in 2018.
The government provided access to sexual and reproductive health services to survivors of sexual violence, but some women had difficulties accessing these services.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Under the law women and men enjoy equal rights. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. The law requires equal pay for equal work, but there was a 3.5-percent gender pay gap according to EU data. Segregation by profession existed, with women overrepresented in lower-paying jobs. There were reports of discrimination in employment. Women experienced discrimination in access to pension benefits and retirement (see section 7.d.).
Birth Registration: Children derive citizenship by birth from at least one citizen parent. Although birth registration is mandatory by law, it was not universal, and authorities denied some children public services as a result. Most unregistered children had access to schools, and authorities assisted in obtaining birth documents for unregistered children, but the education of unregistered children depended on the decision of school authorities. The law provides simplified birth registration for children whose mothers do not have proper documentation to register their children.
Child Abuse: Child abuse, including emotional, physical, and psychological violence and neglect, continued to be serious problems. Media outlets reported several severe cases of abuse or neglect in family homes, foster care, and child welfare institutions. The government has not established a mechanism to identify and treat abused and neglected children and their families.
Child, Early, and Forced Marriage: The legal age of marriage is 18 for both men and women, but the law permits minors as young as 16 to marry under certain circumstances. Illegal child marriage was reportedly common in certain social groups, particularly among some Romani communities. NGOs reported cases of Romani girls as young as 11 being sold into marriage by their families. Child protection authorities and police did not always intervene in such cases. There were no public policies to discourage child marriage.
Sexual Exploitation of Children: The law provides one- to 12-year prison sentences for persons convicted of sexual acts with minors, depending on the circumstances and the child’s age. Sexual intercourse with a minor who is 14 to 16 years of age is punishable by a one- to five-year prison sentence. Sexual intercourse with a person younger than 14 is punishable by a two- to nine-year prison sentence and deprivation of some rights. The law also criminalizes sexual corruption of minors (which includes subjecting minors to sexual acts other than intercourse or forcing minors to perform such acts), luring minors for sexual purposes or child prostitution, and trafficking in minors. Pimping and pandering that involve minors increases sentences by one-half. The law allows authorities to maintain a registry of individuals who had committed sexual offenses against or exploited adults and children.
Child pornography is a separate offense and carries a sentence, depending on the circumstances, of up to seven years’ imprisonment, which may be increased by one-third if the perpetrator was a family member or someone in whose care the child was entrusted or if the life of the child victim was endangered.
Institutionalized Children: During the year there were several media reports of abuses in placement centers for institutionalized children, including sexual abuse, physical violence by colleagues or staff, and trafficking in persons. Numerous reports noted a lack of adequate food, clothing, medical treatment, and counselling services.
According to media reports and NGOs, in 2018 psychiatrists administered psychotropic drugs to thousands of children in residential institutions or in foster care in order to control their behavior. According to official estimates, one-third of the institutionalized children, including those with disruptive behavior, attention-deficit, or hyperactivity disorder, were under psychotropic medication, but observers believed the number to be much higher.
By law unaccompanied migrant children are held in placement centers, where they have access to education and benefits other children receive. The detention of families with children is allowed by law, with preservation of family unity used as justification. Several such cases were recorded during the year.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
According to the 2011 census, the Jewish population numbered 3,271. Representatives of the Jewish community stated that according to their estimates, the Jewish population numbered approximately 7,000. Acts of anti-Semitism occurred during the year.
The law prohibits public denial of the Holocaust and fascist, racist, anti-Semitic, and xenophobic language and symbols, including organizations and symbols associated with the indigenous Legionnaire interwar fascist movement. The oppression of Roma as well as Jews is included in the definition of the Holocaust.
Streets, organizations, schools, or libraries continued to be named after persons convicted for war crimes or crimes against humanity, according to the Elie Wiesel Institute for the Study of the Holocaust in Romania. For example, Radu Gyr was a commander and anti-Semitic ideologist of the fascist Legionnaire movement convicted of war crimes. The Wiesel Institute requested the renaming of Radu Gyr Street in Cluj-Napoca. As of September, the local government had not changed the name of the street.
Material promoting anti-Semitic views and glorifying legionnaires appeared on the internet. According to a study released by the Wiesel Institute in May, several articles published online claimed that Jews or the state of Israel were responsible for the COVID-19 outbreak and were profiting from the health crisis.
In September media reported a case of anti-Semitic messages painted on the fence belonging to the relative of a mayoral candidate from the village of Dornesti in Suceava County. The messages included the candidate’s name, a swastika, and the Romanian equivalent of the ethnic slur ‘kike’.
In April 2019 media outlets reported a case of vandalism at a Jewish cemetery in Husi, where unknown individuals destroyed dozens of headstones. Law enforcement officials identified three suspects, and as of September the investigation was pending.
Romania introduced mandatory Holocaust education in 1998 and additional courses are sometimes offered. The high school course History of the Jews—The Holocaust was optional. During the 2019-20 school year, 3,209 pupils took the course.
See the Department of State’s Trafficking in Persons Report at www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not fully implement the law, and discrimination against persons with disabilities remained a problem.
The law mandates that buildings and public transportation be accessible for persons with disabilities, however, streets, buildings, and public transportation remain largely inaccessible. Persons with disabilities reported a lack of access ramps, accessible public transportation, and accessible toilets in major buildings.
Discrimination against children with disabilities in education was a widespread problem due to lack of adequate teacher training on inclusion of children with disabilities and lack of investment to make schools accessible. Most children with disabilities were either placed in separate schools or not placed in school at all. According to a report released by Save the Children Romania and the Ombudsperson in 2019, only 30 percent of schools had access ramps for persons with motor disabilities and only 15 percent of schools had accessible toilets.
The CLR identified a series of problems in centers for persons with disabilities or psychiatric sections, including verbal and physical abuse of children and adults, sedation, excessive use of physical restraints, lack of hygiene, inadequate living conditions, and lack of adequate medical care. In February the CLR released the conclusions of a visit made at a residential center for persons with disabilities located in the city of Husi, Vaslui County. According to the CLR, there were reasonable suspicions that the residents of the center were subjected to physical punishment and verbal abuse. The NGO also discovered unsanitary living conditions, overcrowding, and lack of basic personal hygiene products. According to the MFA, following a report published by CLR, the Prosecutor’s Office attached to the High Court of Cassation and Justice requested the Prosecutor’s Office attached to the Huși First Instance Court to examine the alleged abuses in order to establish whether there are elements that would warrant a criminal investigation concerning the conditions in the residential center.
The National Authority for the Rights of Persons with Disabilities, Children and Adoptions under the Labor Ministry coordinated services for persons with disabilities and drafted policies, strategies, and standards in the field of disabilities rights. The National Authority notified authorities about several alleged abuses against persons with disabilities interned in residential centers. In January the National Authority’s Director, Madalina Turza, announced it had notified prosecutors about the case of a resident of a center in Prahova County who, according to the center’s staff, accidentally fell and suffered head injuries. The staff did not call the ambulance right away and sent the person to the hospital only two days after the alleged accident. Doctors found evidence of repeated brain injuries and performed a surgery. One month after the surgery, the person was sent back to the center while in a coma where another resident allegedly unintentionally removed a medical tube attached to the patient. The center’s staff called an ambulance but several days later the patient died.
Discrimination against Roma continued to be a problem. Romani groups complained that there were instances of police harassment and brutality, including beatings. Both domestic and international media and observers reported societal discrimination against Roma. NGOs reported Roma were denied access to, or refused service in, some public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, 177,816 persons older than age 14 did not have valid identity documents. Romani rights activists reported that most of these persons were Roma who cannot acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.
In July the “Impreuna” Agency for Community Development released the results of a poll that showed seven in 10 residents of the country do not trust Roma and that 41 percent of respondents did not accept the idea of living in the same city or village with Roma. In March and April, several local government officials publicly claimed cited Roma in particular spread COVID-19, stoking anti-Romani sentiment. Throughout March and April, media outlets regularly alleged that Roma disobeyed COVID-19 stay-at-home measures. News stories specifically highlighting Romani migrants returning to the country from Italy and Spain, countries with high rates of COVID-19 infection, also circulated in local media outlets and social media, often suggesting they might be carriers of COVID-19.
Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs continued to report that segregation along ethnic lines persisted in schools.
Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge about the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.
In April 2019 the driver of a minibus operated by a transportation company in the city of Zalau denied a Romani woman and her two children access to the vehicle and hit her repeatedly with a wooden stick. After she called the 112 emergency line to report the incident, the operator insulted the victim and used racial slurs against her. According to Romani CRISS, the attack was racially motivated. The Civic Union of Young Roma from Romania reported that prosecutors indicted the driver for abusive behavior and the Romani woman for public disturbance. The NGO reported that the indictment against the woman was abusive because her screams were a result of the driver’s violent behavior. As of November the case was pending before the Zalau court.
Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. Ethnic Hungarians reported that the government did not enforce the law that states that ethnic minorities are entitled to interact with local governments in their native language in localities where a minority constitutes at least 20 percent of the population. There were continued reports that local authorities did not enforce the law that states that in localities where a minority constitutes at least 20 percent of the population, road signs must be bilingual.
The Democratic Alliance of Hungarians in Romania reported that in a legal dispute between separated parents over their child’s language of schooling, the Cluj-Napoca Court decided in June that the child, who has a mixed Romanian-Hungarian ethnicity, should be schooled at the kindergarten in Romanian, contrary to the will of the child’s ethnic Hungarian mother. According to the court, an insufficient knowledge of Romanian would damage the child’s ability to perform well once they become a university student considering that most universities in the country offer study programs in Romanian. According to the Department for Interethnic Relations, throughout the March 16-May 14 state of emergency, the government provided Hungarian translations of the state of emergency regulations related to the COVID-19 outbreak with a delay. In several counties with a significant ethnic Hungarian population, government agencies such as public health directorates or police inspectorates did not provide information on COVID-19-related measures and precautions in Hungarian. The Miko Imre Legal Service reported that during a soccer match in March that took place in the city of Ploiesti, supporters of the home team shouted offensive words against the rival team Sepsi OSK, which is based in the ethnic-Hungarian majority city of Sfantu Gheorghe. Supporters chanted “Hungarians out of the country!” and threw objects at some of the Sepsi OSK players, which caused the referee to suspend the match for 10 minutes. In February unknown persons painted the Romanian flag over the Hungarian name of Baia Mare city that was displayed on several welcome signs.
The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was common, and there were some reports of violence against them. On some occasions police condoned violence against LGBTI persons. The NGO ACCEPT reported that in 2019 a person living near their headquarters continuously verbally harassed LGBTI persons who visited the NGO and its employees, and destroyed the property of a transgender woman. In June 2019 ACCEPT submitted a criminal complaint, but as of November, police had not taken any measures. ACCEPT reported that in the meantime the harassment stopped after the perpetrator moved out.
A survey carried out by the EU’s Fundamental Rights Agency reported revealed that 15 percent of respondents experienced a physical or sexual attack motivated by the victim’s sexual orientation or gender identity during the past five years. Out of respondents who described the most recent physical or sexual attack, only 4 percent reported the incidents to authorities because they are LGBTI. As many as 28 percent of respondents indicated fear of a homophobic reaction, transphobic reaction, or both from police as the reason for not reporting a physical or sexual attack.
The law governing legal gender recognition for transgender persons was vague and incomplete. In some cases, authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery. Access to adequate psychological services was also limited because some psychologists refused to accept transgender patients.
Although the law provides that HIV-infected persons have the right to confidentiality and adequate treatment, authorities rarely enforced it. Authorities did not adopt regulations that were necessary to provide confidentiality and fair treatment, and discrimination against persons with HIV/AIDS impeded their access to routine medical and dental care.