CRC 32nd Session: Second periodic report of Romania



UNITED NATIONS
Press Release
20 January 2003

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xxxxxxxxxxCOMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES SECOND PERIODIC 
REPORT OF ROMANIAxxxxxxxxxx

The Committee on the Rights of the Child considered today a second
periodic report of Romania, questioning a Government delegation,
among other things, on monitoring, coordination, and implementation
of programmes aimed at improving the situation of children in the
country.

The report was introduced by Gabriela Coman, Secretary of State and
President of the National Authority for Child Protection and
Adoptions of Romania, who said a number of significant steps had been
taken over the last two years by the Government to promote child
rights, including the closing of some 60 large residential
institutions, resulting in a significant reduction in the number of
institutionalized children in favour of placing such children with
families.

Responding to questions raised by Committee Experts, the Romanian
delegation said among other things that child abandonment was a
problem, with many mothers abandoning their children at birth; and
that rates of abortion and infant mortality were high -- difficulties
the Government was attacking through a series of measures and
programmes.

The Committee will release its formal conclusions and recommendations
on the second periodic report of Romania towards the end of its
three-week session, which concludes 31 January.

Other members of the Romanian delegation were Anca Ilinoiu,
Director-General of the Ministry of Foreign Affairs; Viorel Ifrim,
Director-General of the General Secretariat of the Government of
Romania; Silviu Calciu, Director of Cabinet of the Secretary of State
and President of the National Authority for Child Protection and
Adoptions; Alina Dragatoiu, Director of the Ministry of Labour and
Social Solidarity; Florentina Negrutiu, Legal Counsellor of the
Ministry of Justice; and Alina Mindroiu, an Expert of the Ministry of
Health and Family.

Also Rodica Cherciu, an Expert at the Ministry of Education and
Research; Victor Nicolaescu, an Expert at Ministry of Interior; Olga
Jora, a Counsellor at the State Secretariat for Disabled Persons;
Andra Filip, Ambassador and Permanent Representative of Romania to
the United Nations Office at Geneva; Petru Dumitriu,
Minister-Counsellor and Deputy Permanent Representative of the
Mission; and Cristian Badescu, Second Secretary of the Mission.

As one of 191 States parties to the Convention on the Rights of the
Child, Romania must present periodic reports to the Committee on
efforts to improve the situation of the nation's children.

When the Committee reconvenes at 10 a.m. Tuesday, 21 January, it will
meet in private session to discuss draft concluding observations. It
was scheduled to take up the initial report of the Solomon Islands,
but review of that report has been postponed until the Committee's
next session. At 10 a.m. Wednesday, 22 January, the Committee will
examine a second periodic report of Viet Nam (document
CRC/C/65/Add.20).

Second Periodic Report of Romania

The report (document CRC/C/65/Add.19) describes the Government's
reform strategy, legislative framework and structures for child
protection. Reforms, initiated in an emergency procedure of the
Government in March 1997, are based on the principle of the priority
of the child's best interest, non-discrimination, decentralization of
decision-making, and family-based alternatives to residential care
for children in difficulty.

The report notes, among other things, that special consideration was
given to the main causes of concern expressed by the Committee upon
review of Romania's initial report in 1994; these concerns involved
legislative reform, the situation of children belonging to ethnic
minorities, child abuse and neglect, and measures for the training of
personnel for the protection and promotion of the rights of child. A
genuine respect for the rights of the child has been established
through a continuous process of consolidation of new legislative and
administrative frameworks, as well as their improvement in accordance
with the needs and resources identified at national and local levels,
the report states.

Introduction of Report

GABRIELA COMAN, Secretary of State and President of the National
Authority for Child Protection and Adoptions of Romania, said some
important results had been achieved during the last two years. About
60 large residential institutions had been closed, contributing to a
significant reduction of the number of institutionalized children. A
single decision-making authority had been established at county level
to deal with child issues. Such measures and others had ensured an
effective approach that encompassed the social, medical and
educational aspects of the situation of children in difficulty.

Ms. Coman said that as a result of the general elections in November
2000, the new Government had made the protection of child rights a
priority issue. Reforms related to child rights had been based on the
principles and objectives established by a set of Government area
strategies. The Government had designed a national plan of action for
poverty reduction and social inclusion; a strategy on women, child
and family health; a strategy on the protection of children in
difficulty; and national strategies on HIV/AIDS, the Roma population,
and disabled persons.

Ms. Coman said Romania was fully committed to promoting systems that
would ensure that the rights of the child were properly observed and
protected. That commitment and related positive developments had been
supported by Romania's international partners. The Government's
achievements in the field of child rights had implied sustained
effort and commitment. However, authorities were aware that they
still had a considerable way to go.

Discussion

Committee Experts raised numerous questions under the main topics of
implementation of the rights in the Convention and the definition of
the child. The questions focused, among other things, on the
effective operation of the Ombudsman for children and the Ombudsman's
accessibility to children; the role of inter-ministerial social
assistance and other mechanisms dealing with child rights; the
teaching of the provisions of the Convention; the minimum age of
marriage; the sustainability of programmes aimed at the promotion and
protection of child rights; the use by children of a Government
hotline service; disparities between urban and rural areas; the
conditions of the Roma people and their children; evaluation of the
country's anti-poverty strategy; the situation of street children and
disabled persons; the role of non-governmental organizations; and how
the special services for children operated. An Expert commended the
tremendous efforts made by Romania to promote and protect child
rights in the country.

Responding to these queries, members of the Romanian delegation said,
among other things, that since 1997, non-governmental organizations
wishing to work in areas related to child rights had been accredited,
and had been collaborating with local authorities. The Government
appreciated the work done by such NGOs.

The country's new family code had modified the age of marriage and
had reduced the age of marriage for boys from 18 to 16, instead of
raising that of girls from 16 to 18, the delegation said. The
Committee's recommendations might spur a new debate on raising the
age of marriage to 18 for both sexes.

A new national social assistance scheme had been defined over the
last two years to provide family benefits, including to children, the
delegation said. Allowances to families took into consideration the
number of children in the family. Other services were also being
developed at the county level based on strong partnership with local
stakeholders. Social assistance was also extended for housing and to
provide day care services for children from needy families.

The Ministry of Health had been expanding community nursing services
at the local level, the delegation said. The accessibility of primary
health care for Roma children was being given emphasis in all
counties. However, when the national health insurance system had been
created in 1997, families not included in the health insurance scheme
had faced problems. Now the community nursing system was being
strengthened to provide better coverage for those in need of basic
health care.

Through reform of the juvenile justice system, the Government
intended to reduce the number of young offenders going to prison, the
delegation said. The vast majority of those between 14 and 18 years
of age who were sentenced for crimes did not serve prison terms but
instead had their sentences commuted to community service.

Committee Experts posed further queries under the main subjects of
general principles of the Convention; civil rights and freedoms; and
family environment and alternative care. Among other things, they
asked about how cases of child abuse, neglect and exploitation were
monitored; what was the percentage of births registered in the
country; about allegation of ill-treatments of children, particularly
of Roma, and a lack of investigation into such complaints; about the
rights of children to express their views and the right to be heard;
about statelessness, particularly of Roma people; about cooperation
between Hungary and Romania concerning children of Hungarian origin
in Romania; about the rate of divorce and efforts to reduce it; about
kidnapping of children; about State assessments of child support and
payment of alimony; about measures to prevent discrimination; about
control of access to harmful Internet sites by children; and about
child abandonment.

Members of the Romanian delegation said among other things that the
Romanian decentralization process was an experiment in what was
traditionally a centralized society. The Government had decided to go
ahead with the process as a political choice. The transfer of power
to local authorities was not without problems and risks -- the
Government had had to combat fraud and mismanagement by certain
individuals of funds assigned for the execution of projects and
programmes.

A post of "Students' Attorney" had been set up to defend child
victims of violence in schools, the delegation said. Other legal
measures had also been taken against child abuse and domestic
violence involving children. Corporal punishment by parents against
any family member could be penalized if reported either by the victim
or a neighbour on the basis of legal provisions not directly related
to the prohibition of corporal punishment. The Romanian legislation
did not explicitly prohibited corporal punishment. The Government was
considering introducing such legislation in the near future.

On the issue of child abandonment, the delegation said the Government
had been trying to prevent such practices, which mainly took place in
maternity hospitals. Among measures of prevention were the
identification of pregnant women and efforts to improve the social
situations of those mothers who might abandon newly born children.
Children below 2 years of age who were deprived of parental care were
kept in foster families, while children above that age were placed in
institutions. Among the 6 million Romanian children under 18 years of
age, only 100,000 were taken care of in institutions. Poverty and
lack of education in parenting were among the causes of child
abandonment.

Under the Romanian legal system, child abandonment was an offense and
could result in imprisonment, the delegation said. The Government had
been campaigning against child abandonment over the last year to
increase awareness among families, and particularly among teenage
girls.

The rate of abortion was high in Romania, the delegation said. Lack
of education in family planning and in the use of contraceptive
methods was at the root of the high number of abortions in the
country. The Government had been disseminating information on the use
of contraceptive and had been expanding reproductive health care
systems. Contraceptive materials were distributed free of charge to
teenage girls and mothers. Abortions were most often sought by women
living in rural areas.

Disabled children in Romania were protected by a law and by an
institution which recognized their special needs and sought to
enhance their rights, the delegation said. The law was in line with
international standards, particularly article 23 of the Convention on
the Rights of the Child. Disabled children unable to go to school had
the opportunity to complete their studies at home. Another law on
disabled persons, introduced last year, reinforced their rights to
employment. A national strategy for the integration of disabled
persons into society and workplace had also been designed by the
Government.

Five centres had been established in Bucharest alone this year to
shelter street children, the delegation said. The Government had
allocated US$3 million for the implementation of programmes run by
three non-governmental organizations to help street children. The
number of street children was expected to drop drastically over the
next few years as a result of measures already taken.

Roma children enjoyed all the rights and privileges of Romanian
minorities, the delegation said. Teachers from Roma minorities were
trained to teach in the Romani language. Hungarian children had also
been enjoying all their rights as Romanians. Their education was
conducted in Hungarian language. All children from minorities were
guided to help them pursue better opportunities in society.

The last decade had been spent enacting major reforms, including in
the area of family protection, the delegation said. Maternity leave
had been extended, and aid provided to working mothers through the
social insurance system.

The country's courts had approved 600 cases of inter-country adoption
last year, the delegation said. A law on international adoption had
yet to be approved. In 2001, some 1,500 children had been adopted by
persons living in other countries.

The rate of infant mortality had been decreasing from its high level,
the delegation said. The main causes of such mortality were lack of
adequate medical services and parents' lack of knowledge of disease
prevention. The rural areas were most affected by high infant
mortality.

Preliminary Concluding Remarks

SAISUREE CHUTIKUL, the Committee Expert who served as country
rapporteur for the report of Romania, said the Committee appreciated
the efforts of the members of the delegation to respond to the
various questions put to them. The Committee recognized the
difficulties faced by Romania. The Committee was, however, concerned
about the implementation of the general principles of the Convention.
It also was concerned about the functioning of the various special
services designed to promote child rights, about the implementation
of legislation enacted by the State party, and about the
participation of children in activities concerning them.

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