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Commission Report 2002 (Romania)   
1.2. Human rights and the protection of minoritiesRomania continues to respect human rights and freedoms. This was the conclusion of the 1997 Opinion and the subsequent Regular Reports, and has been confirmed over the past year. The following section focuses on the most significant developments since the last Regular Report. Romania has ratified the major human rights conventions (see annex). In principle, the European Convention for the Protection of Human Rights and Fundamental Freedoms has direct effect in Romania. In practice, this remains to be convincingly established. In May 2002, Romania signed Additional Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. As previously reported, Romania has signed but not yet ratified Additional Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms prohibiting discrimination on any grounds. A law approving the 2000 Government Ordinance on Preventing and Punishing all Forms of Discrimination entered into force in January 2002. This law represents a step forward in terms of the fight against discrimination in Romania and the transposition of the acquis. However, amendments to the law will be needed in order to fully conform with the acquis based on Article 13 of the EC Treaty, notably with regard to indirect discrimination and the burden of proof (see chapter 13 - Social policy and employment). A formal decision was taken to establish the National Council for Combating Discrimination in December 2001 and the necessary funds for its functioning were allocated from the 2002 state budget. The President and the Board of Directors of the Council of Combating Discrimination were appointed in August 2002. This is a significant development, as it has proved impossible to enforce anti-discrimination legislation without such a body. The decision setting up the Council states that it will operate independently of any institution or public authority. However, in practice it is not an independent body as it remains administratively subordinate to the Government. A concern is that members from vulnerable groups and NGOs are not represented in the Council. The Office of the Ombudsman deals with complaints lodged by persons whose civil rights and freedoms have been infringed by the public administration. In 2001, the institution received a total of 7 412 petitions (63% more than in 2000). A total of 2 970 petitions were declared admissible, and of these more than two thirds were either totally or partially solved during the year. As in previous years, the majority of cases related to property rights, while a significant number of other cases related to the right to a decent standard of living and to social assistance. The main administrative change was the appointment of a new Ombudsman in October 2001, and the subsequent appointment of two deputy-ombudspersons. Other than these changes, staff numbers have not increased, and remain insufficient to deal with the growing number of petitions and with the Ombudsman`s substantially increased remit (as a result of legislation on data protection). Legislation adopted over the reporting period gives the Ombudsman the authority to establish regional offices and obliges the Constitutional Court to ask the Ombudsman`s opinion on laws relating to human rights. The Government and Parliament have been given the option of consulting the Ombudsman on draft legislation concerning human rights and fundamental freedoms, though this is not an obligation. Despite these changes there has been no apparent improvement in the co-operation between the Ombudsman and other state institutions including Government ministries, local administrations and the courts. © European Commission; last modified 2003-05-23 |
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