Gay rights in Romania
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Romania may face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 residents. Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

, like a number of other Eastern European countries, remains socially conservative
Social conservatism
Social Conservatism is primarily a political, and usually morally influenced, ideology that focuses on the preservation of what are seen as traditional values. Social conservatism is a form of authoritarianism often associated with the position that the federal government should have a greater role...

 with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Despite this, the country has made significant progress in LGBT rights legislation since 2000. In the past decade, it has fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest
Bucharest
Bucharest is the capital municipality, cultural, industrial, and financial centre of Romania. It is the largest city in Romania, located in the southeast of the country, at , and lies on the banks of the Dâmbovița River....

's annual GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...

 pride parade and Cluj-Napoca's Gay Film Nights
Gay Film Nights
Gay Film Nights is an LGBT film festival organised annually in Cluj-Napoca, Romania by the LGBT association Be An Angel. By presenting a series of films with LGBT themes, it seeks to showcase LGBT culture and cinema, while also initiating a dialogue with other members of society...

 festival. In 2006, Romania was named by Human Rights Watch as one of five countries in the world that had made "exemplary progress in combating rights abuses based on sexual orientation or gender identity."

Laws against homosexuality

The Romanian Penal Code of 1864 criminalised all homosexual acts. This code remained in effect for almost three-quarters of a century, and while it was intermittently enforced, it remained essentially in its original form. Then in 1936, a new code limited reference to homosexuality except in cases of rape. A short time later, Article 431 was introduced, stating that homosexuality could be illegal if it caused "public scandal", but not otherwise. A repeal of that language then appeared in the Penal Code of 1948. In 1968, the basic code was again revised, introducing Article 200
Article 200
Article 200 was a section of the Penal Code of Romania that criminalised homosexual relationships. It was introduced in 1968, under the communist regime, during the rule Nicolae Ceauşescu, and remained in force until it was repealed by the Năstase government on 22 June 2001...

 and moving the infraction from the public domain into the private.

There are currently no laws against gay citizens in Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

, aside from those that deny equality in marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

. Consensual acts between same-sex adults in private were legalised in 1996, although the last anti-gay law– Article 200 of the Penal Code, which criminalised public manifestations of homosexuality– was repealed only on 28 June 2000 due to pressure from the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...

 and shortly before the arrival of openly gay U.S. Ambassador to Romania Michael Guest
Michael Guest
Michael E. Guest was the U.S. Ambassador to Romania, appointed by President George W. Bush. Guest was sworn in by U.S. Secretary of State Colin Powell on September 18, 2001 and took up his duties on September 24, 2001...

.

Since 2002, the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

 is equal for both heterosexual and homosexual sex, at 15 years of age.

In late 2007, the far-right Greater Romania Party
Greater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....

 proposed a law in the Senate
Senate of Romania
The Senate of Romania is the upper house in the bicameral Parliament of Romania. It has 137 seats , to which members are elected by direct popular vote, using Mixed member proportional representation in 42 electoral districts , to serve four-year terms.-Former location:After the Romanian...

 that would ban the "propagation of ideas and manifestations by homosexuals and lesbians", designed primarily to prevent Bucharest's annual GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...

 pride parade from taking place. The proposal was rejected by the Senate on 11 February 2008, with 17 votes for, 16 abstentions and 27 votes against.

Gender identity/expression

Since 1996, it is possible for someone who has gone through sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...

 to legally change their sex in their official documents.

Recognition of same-sex relationships

There is currently no recognition of same-sex couples in Romania. Since 2007, however, when Romania joined the EU, the country is obliged to "facilitate" and recognise same-sex relationships registered in other EU member states (be they in the form of same-sex marriage, civil unions or domestic partnerships).

Adoption and family planning

It is legal for single women, including lesbians, to access means of assisted insemination, such as IVF. In 2005, the Constitutional Court
Constitutional Court of Romania
The Constitutional Court of Romania is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution....

 ruled that it is unconstitutional to deny medically-assisted reproduction, such as IVF, to individuals or those who are unmarried.

Military service

Gays are allowed to serve openly in the Romanian army. According to the Ministry of Defence's recruitment policy, "it is the right of every Romanian citizen to take part in the military structures of our country, regardless of their sexual orientation." Nonetheless, many– if not most– gay and lesbian members of the military choose to remain closeted in the work place due to continued fear of discrimination.

Discrimination protections

In 2000, the Romanian Parliament enacted a law that explicitly outlawed discrimination on the basis of sexual orientation in a variety of fields, including employment, the provision of and access to goods and services, housing, education, health care, audiovisual programming, the justice system, other public services and social security. The law, which is among the most comprehensive in the European Union, has been successfully tested by the National Council for Combating Discrimination
National Council for Combating Discrimination
The National Council for Combating Discrimination is an agency of the Romanian government, established in 2001 and responsible for applying Romanian and European Union anti-discrimination laws and managing the National Anti-Discrimination Plan. The legal status of the CNCD was established by the...

 (CNCD), Romania's equality body, which has fined a number of individuals and firms for discriminating on the basis of sexual orientation. An example of this was when TAROM
TAROM
S.C. Compania Națională de Transporturi Aeriene Române TAROM S.A., doing business as TAROM Romanian Air Transport, is the flag carrier and oldest currently operating airline of Romania. The brand name is an acronym for...

, the national air carrier, was fined for refusing to allow same-sex partners to take advantage of its discounts for couples on Valentine's Day
Valentine's Day
Saint Valentine's Day, commonly shortened to Valentine's Day, is an annual commemoration held on February 14 celebrating love and affection between intimate companions. The day is named after one or more early Christian martyrs named Saint Valentine, and was established by Pope Gelasius I in 496...

 2005. Aside from imposing a fine, the CNCD obliged TAROM to rectify the situation.

Hate crimes legislation

The Romanian legal system treats homophobic intent as an aggravating factor in common crimes. That is, the fact that a crime was motivated by homophobic bias
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...

 may lead to a higher sentence.

Laws against anti-LGBT speech

In 2006, the Criminal Code was amended in order to criminalise incitement to hatred and harassment on the basis of sexual orientation. However, this law has not been applied yet; indeed, public marches against homosexuality by extreme right-wing activists, containing offensive anti-gay slogans, have proceeded on several occasions without being prosecuted.

2007 "Cronica Cârcotaşilor" incident

On 28 March 2007, the National Audiovisual Council gave a 10,000-lei
Romanian leu
The leu is the currency of Romania. It is subdivided into 100 bani . The name of the currency means "lion". On 1 July 2005, Romania underwent a currency reform, switching from the previous leu to a new leu . 1 RON is equal to 10,000 ROL...

 (
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...

3000) fine to Prima TV
Prima TV
Prima TV is a Romanian commercial TV channel, famous mainly for the Cronica Cârcotaşilor show and various reality shows.-Start:Prima TV was launched as one of the first commercial television stations in Romania in December 1997...

's primetime satire-comedy show, Cronica Cârcotaşilor
Cronica Cârcotasilor
Cronica Cârcotaşilor is a weekly satire show on Prima TV hosted by Şerban Huidu and Mihai Găinuşă.Loosely based on the Italian entertainment program Striscia la notizia, Cronica Cârcotaşilor ridicules various celebrities from the current Romanian political, media and showbiz scene by exposing...

, for making homophobic
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...

 comments. In two episodes, the show's presenters had allegedly made fun of Mircea Solcanu, an Acasă TV
Acasa
Acasă is a television channel operated by the Central European Media Enterprises that broadcasts in Romania. It is mostly dedicated to daytime telenovelas, family movies, news, talk shows, soap operas and entertainment.-Telenovelas:-External links:*...

 presenter who had come out
Coming out
Coming out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....

 as gay. The president of the National Audiovisual Council, Ralu Filip, justified the fine by stating that, "I felt it was unacceptable the way in which they made fun of a sexual orientation in this way, especially since it was about a colleague." This represents the first time an audiovisual programme has been fined for homophobia in Romania, based on Article 46 of the Audiovisual Law, which prevents programmes from containing any discrimination on the basis of race, ethnicity, gender and sexual orientation. The incident sparked off a public debate regarding homophobia and representations of LGBT people in the mass media. Attila Gasparik, the vice-president of the National Audiovisual Council, stated that Cronica Cârcotaşilor, as well as other high-profile TV shows, will continue being held under "strict observation. .. because they have a very high impact, reason for which we have to be very rigorous in our monitoring".

Blood donation issues

Like the United States, the UK and several other Western countries, Romania currently bans men who have had sex with men
Men who have sex with men
Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...

 from donating blood, due to a presumed higher risk of infection with STDs. However, in September 2007, Romania's National Council for Combating Discrimination
National Council for Combating Discrimination
The National Council for Combating Discrimination is an agency of the Romanian government, established in 2001 and responsible for applying Romanian and European Union anti-discrimination laws and managing the National Anti-Discrimination Plan. The legal status of the CNCD was established by the...

 ruled that this ban was illegal, constituting discrimination on the basis of sexual orientation and creating a "hostile, degrading, humiliating and offensive atmosphere for homosexuals". The Council, which is Romania's equality watchdog, ordered the Ministry of Health to remove the ban on MSMs donating blood. In January 2008, in order to comply with the Council's ruling, the Ministry of Health released a new law which removes the ban on men who have had sex with men from donating blood. The law is currently in a stage of public debate.

Social attitudes

Although the last anti-gay law, Article 200
Article 200
Article 200 was a section of the Penal Code of Romania that criminalised homosexual relationships. It was introduced in 1968, under the communist regime, during the rule Nicolae Ceauşescu, and remained in force until it was repealed by the Năstase government on 22 June 2001...

, was repealed in 2001, societal attitudes towards gay and lesbian citizens are still quite discriminatory, particularly in rural areas. GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...

 pride marches in Bucharest
Bucharest
Bucharest is the capital municipality, cultural, industrial, and financial centre of Romania. It is the largest city in Romania, located in the southeast of the country, at , and lies on the banks of the Dâmbovița River....

 have been met with significant and sometimes violent opposition from far-right groups (particularly Noua Dreaptă
Noua Dreapta
Noua Dreaptă is an ultra-nationalist organization in Romania and Moldova, founded in 2000.-Beliefs:The group's beliefs include militant nationalism and strong Orthodox Christian religious convictions...

), even though police protected pride marchers from harm. Furthermore, Noua Dreaptă has organised "Marches for Normality" on the same day as the GayFest pride parade, with slogans against gay rights and the recognition of same-sex relationships.

Apart from Noua Dreaptă, there are a number of parties (including the Greater Romania Party
Greater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....

, the Conservative Party
Conservative Party (Romania)
The Conservative Party of Romania is a political party formed in 1991, after the fall of Communism, under the name of the Romanian Humanist Party . From 2005 until December 3, 2006, the party was a junior member of the ruling coalition...

 and the Democratic Liberal Party
Democratic Liberal Party (Romania)
The Democratic Liberal Party is a populist, centre-right party in Romania. It was formed on 15 December 2007, when the Democratic Party merged with the Liberal Democratic Party. From 2004 to 2007, the Democratic Party was part of the governing Justice and Truth Alliance...

) which protested against gay festivals in Bucharest and Cluj-Napoca.

In September 2006, the British Council
British Council
The British Council is a United Kingdom-based organisation specialising in international educational and cultural opportunities. It is registered as a charity both in England and Wales, and in Scotland...

 conducted a survey in various Romanian cities which, among other things, sought to ascertain the beliefs of Romanian young people (aged between 15 and 25) regarding LGBT rights. Of those surveyed, 39.1% believed that LGBT rights should be extended, 35.9% believed that the LGBT rights situation is satisfactory in Romania, while 15.6% of people stated that LGBT people have too many rights. 9.4% were undecided. Additionally, 71.9% of the young people surveyed stated that LGBT rights should be protected, indicating relatively high levels of acceptance among this demographic..

A Eurobarometer
Eurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...

 survey on discrimination in the European Union, conducted in late 2006, revealed that attitudes towards discrimination on the basis of sexual orientation were similar with those of other EU countries. 47% of Romanians believed that discrimination on the basis of sexual orientation was "widespread", slightly less than the EU average of 50%. Additionally, 55% of Romanians were in favour of specific measures to provide equal opportunity in employment despite sexual orientation, notably lower than the EU average figure of 66%. 67% of Romanians would agree to anonymously reveal their sexual orientation in the census, "if that could help combat discrimination in Romania", while only 16% would be totally opposed (lower than the EU average of 28%). 58% of Romanians believe that homosexuality was still a taboo in Romania, higher than the EU average of 48%, but lower than for countries such as Italy, Greece, Ireland, Austria and Sweden.

Other opinion polls have shown Romanians to be more intolerant with regard to homosexuality, including a 2003 poll conducted by Gallup
The Gallup Organization
The Gallup Organization, is primarily a research-based performance-management consulting company. Some of Gallup's key practice areas are - Employee Engagement, Customer Engagement and Well-Being. Gallup has over 40 offices in 27 countries. World headquarters are in Washington, D.C. Operational...

 for the Institute for Public Policies. In the poll, 45% of respondents said homosexuals should not be treated the same as others in society; 37% thought homosexuality should be criminalized; and 40% thought homosexuals should not be allowed to live in Romania.

Living conditions

Open homosexuality is still uncommon outside of major urban centers, and rural gay and lesbian Romanians typically remain closeted. The largest and most visible LGBT communities exist in Bucharest
Bucharest
Bucharest is the capital municipality, cultural, industrial, and financial centre of Romania. It is the largest city in Romania, located in the southeast of the country, at , and lies on the banks of the Dâmbovița River....

 and in Cluj-Napoca
Cluj-Napoca
Cluj-Napoca , commonly known as Cluj, is the fourth most populous city in Romania and the seat of Cluj County in the northwestern part of the country. Geographically, it is roughly equidistant from Bucharest , Budapest and Belgrade...

, which have some gay clubs and cultural events. GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...

 pride marches have been held in Bucharest annually since 2005, organised by ACCEPT
ACCEPT
ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...

, the largest organisation in Romania advocating for LGBT rights. There are also several events held in Cluj-Napoca by Be An Angel
Be An Angel
Be An Angel Romania is a Romanian human rights organisation based in Cluj-Napoca founded by Lucian Dunăreanu, a LGBT rights activist...

, another LGBT rights organisation. These include the annual Gay Film Nights
Gay Film Nights
Gay Film Nights is an LGBT film festival organised annually in Cluj-Napoca, Romania by the LGBT association Be An Angel. By presenting a series of films with LGBT themes, it seeks to showcase LGBT culture and cinema, while also initiating a dialogue with other members of society...

, an international LGBT film festival, the Gay Prize Gala, which recognises those who have contriuted to LGBT culture and rights, and Miss Travesty Romania, a transvestite beauty pageant.

Increased Internet access in the past few years has led to the development of a vibrant online LGBT media and blogosphere
Blogosphere
The blogosphere is made up of all blogs and their interconnections. The term implies that blogs exist together as a connected community or as a social network in which everyday authors can publish their opinions...

. Key online newsletters include Angelicuss
Angelicuss
Angelicuss is the first Romanian LGBT magazine and is published by Be An Angel, an LGBT rights organisation from Cluj-Napoca. The magazine was initially only available through the internet, with the first print version released in November 2004 and distributed free of charge. In 2005, the magazine...

 and GayOne.ro. In October 2008, Be An Angel will launch Romania's first LGBT television channel, Angelicuss TV, which will only broadcast online. At the same time, most traditional LGBT media has ceased operating; there are currently no print magazines or newspapers.

Summary table

Homosexuality legal
(since 1996)
Equal age of consent
(since 2002)
Anti-discrimination laws in employment
(since 2000)
Anti-discrimination laws in all other areas
(since 2000)
Hate crimes and hate speech laws covering sexual orientation
(since 2006)
Recognition of same-sex couples
Adoption by same-sex couples
Gays allowed to serve in the military
Right to change legal gender
(since 1996)
Access to IVF for lesbians
(since 2005)
MSM
Men who have sex with men
Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...

s allowed to donate blood
Unclear

See also

  • Recognition of same-sex unions in Romania
  • ACCEPT
    ACCEPT
    ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...

  • Be An Angel
    Be An Angel
    Be An Angel Romania is a Romanian human rights organisation based in Cluj-Napoca founded by Lucian Dunăreanu, a LGBT rights activist...

  • Politics of Romania
    Politics of Romania
    Politics of Romania take place in a framework of a semi-presidential parliamentary representative democratic republic, whereby the Prime Minister of Romania is the head of government and the President of Romania exercises the functions of head of state. Romania has a multi-party system. Executive...

  • LGBT rights in Europe
    LGBT rights in Europe
    Lesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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