Romania: Availability of state protection to young women who are sexually abused by a family member

A 26 August 1996 French language report from AFP attached to ROM24936.E, refers to a report on sexual aggression from the Romanian National Committee for the Protection of the Child. According to the report 676 minors were victims of sexual abuse in 1995, 601 of whom were female and 119 who were under the age of ten. More than 500 people were convicted in 1995 of different infractions against minors, according to justice statistics (ibid.). However, The Irish Times reports that Romania started to record "child sex abuse" in 1994 with 34 cases reported, followed by 200 cases in 1995 and 600 in 1996 (9 Oct. 1998).

On 24 February 1997, The Scotsman reported that Romania planned to create "a government strategy in the field of child welfare, with the committee monitoring the implementation of the United Nations Convention on Child Rights." In developing this government strategy, Romania planned  on using "the Scottish children's hearing system...[to] create a fairer, more flexible legal structure to protect children's rights" (ibid.).

On 14 May 1997, Business Wire reported President Emil Constaninescu's concern for children, stating that he "has vowed that his government is making the welfare of children a top priority." On 24 December 1997 The Toronto Star reported that the President Constantinescu had spoken to the nation in a special pre-Christmas address in which he "sounded the alarm over the plight of thousands of abandoned and homeless children, urging his citizens to take responsibility for their welfare." and that he "has made child protection one of his chief policy concerns." He was quoted as saying: "I wanted to draw people's attention at home and abroad to the seriousness of the problem." The report also made mention of a Romania's Children foundation set up a year previously after he had taken office.

AP reported that the Chamber of Deputies passed a bill in June 1998 to criminalize pedophilia. The bill, which had yet to go to the upper house, would cover "sexual relations with anyone younger than 14 and carries a maximum penalty of seven years in prison." At that time the bill was still under consideration by the upper house (9 July 1998).

In a 2 November 1998 telephone interview, the President of the Romanian Group for Defence of Human Rights (GRADO) mentioned the existence of a state-funded home in Bucharest where women victims of violence can go. However, despite its provision of doctors, nurses, and social workers, the President emphasized that it is for short-term stays only and that there is not enough funding for it to be anything more at this time. The President said that GRADO had set up a similar home in Pitesti three or four months ago as a day facility, although there are plans to soon make it accessible twenty-four hours a day. GRADO plans to conduct a local campaign to raise awareness of its existence.

For children - those persons under eighteen years of age - the President reported that there is also a state Child Protection Committee, which is intended to help with all problems of children. The committee is based locally or at the county level, and must first receive reports of abuse either from the victim, or others. Once a report is made, an investigation is conducted in order to determine whether there is substance to the allegations. If the allegations are sustained, then the child can be placed in another family or in an institution such as an orphanage. However, the President stated that funding for these institutions is limited and they are not the best places for young people.  Furthermore, it is difficult to place children who are not babies in new families. Additionally, there can be a considerable period of time between the reporting of an allegation and finding a new home for the affected youth.

The President of GRADO stated that rape is punished if there is evidence and there have been instances where fathers have gone to prison for this offence. Nevertheless, the President also said that "sexual abuse is not necessarily rape." For women who have suffered sexual abuse, the President said the situation is generally very difficult since there is little help from the state, no institutions to turn to for support, and tremendous difficulty in finding work and affordable places to stay. As a result, many women choose to stay in the abusive environment.

In a telephone interview on 30 October 1998, the President of the Romanian Association for Women's Rights stated that Romania is only at the beginning of the process of dealing both with domestic violence generally and intra-family sexual abuse. The President also referred to the home in Bucharest where women victims of violence can go for help. This home, which was set up in 1996, has doctors on staff and allows women to stay. There are also plans to open a second home in another city, but at this time the Bucharest home is the only public Romanian refuge for victims of domestic violence. When asked about the availability of social services for young women who have suffered sexual abuse within the family, this state-funded home was the only example the President cited.

The President did say that there has been some progress by the state on the issue of domestic violence. Media stories have helped to provoke discussions within the government, which has led to the introduction of bills in the legislature which are not yet law. For example, currently under consideration are amendments to the criminal code with regard to sexual harassment. The President commented that the consideration of bills such as these does not mean violence against women has stopped, but rather "society is more cautioned." The President also noted the training in domestic violence issues which a woman police officer had received and her current appointment at the Institute of Research in Ministry of Internal Affairs. The President believes that this arrangement will soon lead to the adoption by the police force of a program concerning these issues.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Agence France Presse (AFP). 26 August 1996. "Pres de 700 enfants victimes d'agressions sexuelles en 1995 en Roumanie." (NEXIS)

Associated Press (AP). 9 July 1998. Alison Mutler. "AP Photos NY318-319." (NEXIS)

Business Wire. 14 May 1997. "Romania Overhauls Child Protective System, Making Adoption of Institutionalized Children Easier; California Adoption Agency Speaheads Campaign to Publicize Availability of Thousands of Romanian Orphans." (NEXIS)

The Irish Times. 9 October 1998. Carol Coulter. "Conference is Told of Increase in Suspected Cases of Child Sex Abuse." (NEXIS)

Romanian Association for Women's Rights [Bucharest]. 30 October 1998. Telephone interview with the President.

Romanian Group for Defence of Human Rights (GRADO) [Bucharest]. 2 November 1998. Telephone interview with the President.

The Scotsman. 24 February 1997. Judith Woods. "Murderers Live With Petty Thieves, Sex Offenders With the Abused. This is Daily Life in Romania's Child Prisons. But Finally Justice is About to be Done." (NEXIS)

The Toronto Star. 24 December 1997. "Leader Warns Romanians to Address Children's Crisis; President Cites Grim Data on Infant Mortality." (NEXIS)