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Romania
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Romania are found in the civil code, which addresses marriage by error, malice or violence at Article 298(1).
Consent to marriage
Provisions requiring consent to marriage in Romania are found in the civil code , section 259(1) of which states that marriage is the freely consented union between a man and a woman, concluded in accordance with the law.
Servile marriage
There appears to be no legislation in Romania that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Romania that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Romania is 18, without differentiation by gender, as set out on Article 272(1) of the Civil Code. However, marriages of below the minimum age are permitted for good reasons with the consent of the parents or the guardian and the authorisation of the guardianship court after having received a medical opinion, as set out on Article 272(2) of the Civil Code. These exceptions are not differentiated by gender, and allow marriage as early as 16.
Region
Eastern Europe
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
AWAD REPORT
Paragraph 397
The Romanian People’s Republic…intends to co-operate in the abolition of slavery and maintains in its penal laws a special text (article 491 of the 1936 Criminal Code, reissued on 27 February 1948, with the subsequent amendments) to pu8nish those acts, should they be committed abroad or in Romanian territory.
Paragraph 399
Article 491 of the Criminal Code: “Anyone who reduces a person to, or keeps him in slavery or a similar condition or takes part in the slave trade or in the conveyance of slaves commits the offence of slavery and shall be liable to a term of one to five years’ correctional imprisonment.
CONSTITUTION OF ROMANIA
Article 22. The right to life and to physical and mental well-being
(1) The right to life, as well as the right to physical and mental integrity of person are guaranteed.
(2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.
Article 23. Individual freedom
(1) Individual freedom and security of a person are inviolable.
Article 25. Free movement
(1) The right of free movement within the national territory and abroad is guaranteed. The law determines the conditions for the exercise of this right.
(2) Every citizen is assured the right to establish his domicile or residence anywhere in the country, to emigrate, as well as to return to his country.
Article 41. Labor and the social protection of labor
1. The right to work shall not be restricted. Everyone has the right to freely choose his/her profession, trade or occupation, as well as work place.
2. All employees are entitled to measures of social protection. Such measures concern employees’ safety and health, working conditions for women and young people, the establishment of a national minimum wage, the weekly time off, paid annual holidays, work under difficult or special conditions, and other specific situations, as defined by law.
3. The maximum duration of a working day is 8 hours on average.
4. Women receive the same pay as men for equal work.
5. The right to collective bargaining and the binding nature of collective agreements are guaranteed.
Article 42. The prohibition of forced labor
1. Forced labor is prohibited.
2. The following do not constitute forced labor:
a. activities in the military service or activities which, in accordance with the law, are carried out in lieu thereof due to religious or conscience-related reasons;
b. work which is carried in normal conditions by a person which has received a sentence during detention or conditional release;
c. activities necessary in order to deal with a natural disaster or some other danger, or which result from normal civil obligations established by law.
Article 49. Protection of children and youth
3. The exploitation of minors and their employment in activities which might be harmful to their health or morals or which might endanger their life or normal development are prohibited.
4. Minors under the age of 15 cannot be hired as employees.Romania Constitution
PENAL CODE
Article 182. Exploitation of a person
Exploitation of a person means:
a) forcing a person to carry out work or a task;
b) enslavement or other similar procedures to deprive of freedom or place in bondage;
c) forcing persons into prostitution, pornography, in view of obtaining and distributing pornographic material or any other types of sexual exploitation;
d) forcing into mendicancy;
e) illegal collection of body organs, tissues or other cells.
Article 205. Illegal deprivation of freedom
(1) Illegal deprivation of freedom against a person shall be punished by strict imprisonment from 3 to 10 years.
(2) If the act is committed in one of the following circumstances:
a) by simulating official qualities;
b) by abduction;
c) by a person who is armed;
d) by two or more persons together;
e) if in exchange for release a material or any other benefit is demanded;
f) if the victim is a minor,
g) if the victim is subjected to suffering or his/her health or life is endangered,
the penalty shall be strict imprisonment from 7 to 15 years.
(3) If for the person’s release it is demanded, in any way, that the State, a natural or legal person, an international or intergovernmental organisation or a group of persons should accomplish or should not accomplish a certain act, the penalty shall be severe detention from 15 to 20 years.
(4) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years.
Article 209. Slavery
Placing or keeping a person in slavery, as well as trafficking in slaves, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.
Article 210. Trafficking in human beings
(1) Recruitment, transportation, transfer, harboring or receipt of persons for exploitation purposes:
a) by means of coercion, abduction, deception, or abuse of authority;
b) by taking advantage of the inability of a person to defend themselves or to express their will or of their blatant state of vulnerability;
c) by offering, giving and receiving payments or other benefits in exchange for the consent of an individual having authority over such person,
shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) Trafficking in human beings committed by a public servant in the exercise of their professional duties and prerogatives shall be punishable by no less than 5 and no more than 12 years of imprisonment.
(3) The consent expressed by an individual who is a victim of trafficking does not represent an acceptable defense.
Article 211. Trafficking in underage persons
(1) Recruitment, transportation, transfer, harboring or receipt of a juvenile for the purpose of their exploitation shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) If such act was committed under the terms of Art. 210 par. (1) or by a public servant while in the exercise of their professional duties and prerogatives, it shall be punishable by no less than 5 and no more than 12 years of imprisonment and a ban on the exercise of certain rights.
(3) The consent expressed by an individual who is a victim of trafficking does not
represent a acceptable defense.
Article 212. Pressing into forced or compulsory labour
An act of compelling a person, in cases other than the ones established by the legal stipulations, to work against their will or to compulsory labor shall be punishable by no less than 1 and no more than 3 years of imprisonment.
Article 213. Pandering
(1) The causing or facilitation of the practice of prostitution or the obtaining of financial benefits from the practice of prostitution by one or more individuals shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights.
(2) In the event that a person was determined to engage in or continue the practice of prostitution through coercion, the penalty shall be no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(3) If such acts are committed against an underage person, the special limits of the penalty shall be increased by one-half.
(4) Practicing prostitution means having sexual intercourse with various individuals for the purpose obtaining financial benefits for oneself or for others.
Article 214. Exploitation of beggary
(1) An act of an individual who causes a juvenile or a person having physical or psychic disabilities to resort repeatedly to the public’s pity in order to ask for material help or benefits from financial benefits from such activity shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) If such act is committed in the following situations:
a) by a parent, guardian, curator or by the person under whose care the begging person is;
b) by means of coercion,
it shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Article 216. Use of exploited person’s services
The action of using the services listed under Art. 182 by a person about whom the beneficiary knows that they are a victim of trafficking in human beings or of trafficking of underage persons, shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine, unless such action is a more serious offense.
Article 217. Punishing the attempt
The attempt to commit the offenses set forth by Art. 209-211and Art. 213 par. (2) shall be punishable.
Article 439. Crimes against humanity
(1) The act of committing, as part of a generalized or systematic attack on a civilian population, one of the following offenses:
(c) Slavery or trafficking in human beings, especially women or children;Shall be punishable by life imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights.Romania Criminal Code
LAW ON THE PREVENTION AND COMBAT OF TRAFFICKING IN HUMAN BEINGS 2001
Article 2
In the present law, the terms and expressions below have the following meaning:
1. The phrase “trafficking in persons” means the violations stipulated in articles 12 and 13;
2. The phrase “exploitation of a person” means:
a. performing forced labor or services, in violation of the legal requirements on labor conditions, pay, health and security;
b. keeping such persons in a state of slavery or using other ways to deprive a person of his/her freedom or to force the person into submission;
c. compelling a person to engage in prostitution, in pornographic performances for the production and distribution of pornographic material, or in other forms of sexual exploitation;
d. harvesting of human organs;
e. engaging in other such activities that violate fundamental human rights and liberties.
Article 12
(1) Whoever recruits, transports, transfers, harbors or receives a person, through the use of threats or violence or the use of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or other benefits in order to obtain the agreement of a person who has control over another person with the intent of exploiting the latter, commits a criminal violation of this Law and shall be punished with 3 to 12 years imprisonment and denial of a number of rights.
(2) Whoever engages in trafficking in human beings under the following circumstances:
a) traffics two or more persons at the same time;
b) causes the victim to sustain serious bodily harm or serious health problems, shall be punished with 5 to 15 years imprisonment and denial of a number of rights.
(3) If the violation in this Article has resulted in the victim’s death or suicide, the offender shall be punished by 15 to 25 years imprisonment and denial of a number of rights.
Article 13
(1) Whoever recruits, transports, transfers, harbors or receives a person aged between 15 and 18, with the intent of exploiting that person, commits the crime of trafficking in underage persons and shall be punished by 3 to 12 years imprisonment and denial of a number of rights.
(2) If the violation within paragraph (1) was committed against a person aged less than 15, the punishment shall be 5 to 15 years imprisonment and denial of a number of rights.
(3) If the violations within paragraphs (1) and (2) are committed with the use of threats or violence or of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or other benefits in order to obtain the agreement of a person who has control over another person, the offender shall be punished with 5 to 15 years imprisonment and denial of a number of rights in the case of paragraph (1) and 7 to 18 years imprisonment and denial of a number of rights in the case of paragraph (2).
(4) For the violations within paragraphs (1), (2) and (3) that have been committed in the conditions of Article 12 paragraph (2) punishment shall be 5 to 15 years imprisonment and denial of a number of rights in the case of paragraph (1), 5 to 17 years imprisonment and denial of a number of rights in the case of paragraph (2) and 5 to 18 years imprisonment and denial of a number of rights in the case of paragraph (3), thesis 1 and 7 to 20 years imprisonment and denial of a number of rights in the case of paragraph (3), thesis 2.
(5) If the violations in this Article have resulted in the victim’s death or suicide, the offender shall be punished with 15 to 25 years imprisonment and denial of a number of rights, or life imprisonment.
Article 14
Whoever commits the violations within Articles 12 and 13 as a member of an organized group or has obtained or produced, for him/herself or for others, significant material proceeds out of the commission of those violations shall receive 3 additional years to the maximum specific term of imprisonment.
Article 15
(1) The attempt to commit the crimes within Articles 12-14 is also punishable.
(2) The act of organizing the commission of the crimes within this Chapter constitutes a crime and shall be punished like crimes committed in an organized manner.
Article 16
Consent on the part of the trafficked person does not exonerate the offender from criminal liability.
Article 17
(1) Whoever causes or allows, knowingly, directly or through an intermediary, the entry or stay on the Romanian territory of a non-Romanian citizen who is being trafficked as defined by this law:
a) by the use of fraudulent means, violence or threats or other forms of coercion, or
b) by abusing the special state of the trafficked person, which results from that person’s illegal or precarious situation of entry or stay in Romania or from pregnancy, a disease or disability or from a physical or mental challenge, commits a criminal offence and shall be punished for the crime of trafficking in human beings.
(2) Whoever commits the violations within paragraph 1 as a member of an organized group or repeatedly shall receive 2 additional years to the maximum specific term of imprisonment.Romania Trafficking in Persons Law
CONSTITUTION OF ROMANIA
Article 48: The Family
- The family is based on a freely consented marriage by the spouses, their full equality, and the right and duty of the parents to raise, educate, and instruct their children.
- The conditions in which marriages may be contracted, dissolved, and annulled are established by law. A religious marriage ceremony can be celebrated only after the civil ceremony.
- Children born outside marriage enjoy equal rights as those born in marriage.
CIVIL CODE
Article 258 The family
- The family shall be based on the freely consented marriage between the spouses, on their equality, as well as on the right and duty of the parents to ensure the upbringing and education of their children.
(2) The family has the right to protection from society and the state.
(3) The state is obliged to support, through economic and social measures, the conclusion of the marriage, as well as the development and consolidation of the family.
(4) For the purposes of this Code, spouses shall mean a man and a woman united by marriage.
Article 259 The marriage
(1) Marriage is the freely consented union between a man and a woman, concluded in accordance with the law.
(2) A man and a woman have the right to marry in order to start a family.
(3) The religious celebration of the marriage may be made only after the conclusion of the civil marriage.
(4) The conditions for concluding and the causes of nullity of the marriage are established by this code.
(5) The marriage ends by the death or by the judicial declaration of the death of one of the spouses.
(6) The marriage may be dissolved by divorce, in accordance with the law.
Article 261 Parental duty
Parents are the ones who have, first of all, the duty to raise and educate their minor children.
Article 271 Consent to marriage
Marriage is concluded between a man and a woman by their personal and free consent.
Article 272 Marital age
(1) The marriage may be concluded if the future spouses have reached the age of 18.
(2) For good reasons, a minor who has reached the age of 16 may marry on the basis of a medical opinion, with the consent of his parents or, as the case may be, of the guardian and with the authorization of the guardianship court in whose district the minor resides. If one of the parents refuses to approve the marriage, the guardianship court also decides on this divergence, taking into account the best interests of the child.
(3) If one of the parents is deceased or is unable to express his will, the consent of the other parent is sufficient.
(4) Also, under the conditions of art. 398 , the consent of the parent exercising parental authority is sufficient.
(5) If there are no parents or guardians who can approve the marriage, it is necessary to approve the person or authority that has been empowered to exercise the parental rights.
Article 285 Opposition to marriage
(1) Any person may oppose the marriage, if there is a legal impediment or if other requirements of the law are not met.
(2) The opposition to the marriage shall be made only in writing, showing the evidence on which it is based.
Article 286 Refusal to celebrate marriage
The registrar refuses to enter into a marriage if, on the basis of the checks he is required to carry out, the objections received or the information in his possession, in so far as the latter are known, he finds that the conditions laid down in law.
Article 293 Cases of absolute nullity
(1) The marriage concluded in violation of the provisions provided in art. 271 , 273 , 274 , 276 and art. 287 para. (1) .
(2) If the spouse of a person declared dead has remarried and, after that, the decision declaring death is annulled, the new marriage shall remain valid, if the spouse of the person declared dead was in good faith. The first marriage is considered dissolved on the date of the new marriage.
Article 294 Lack of marriage age
(1) The marriage concluded by the minor who has not reached the age of 16 is struck by absolute nullity.
(2) However, the nullity of the marriage shall be covered if, until the final judgment, both spouses have reached the age of 18 or if the wife has given birth or become pregnant.
Article 296 Persons who can invoke absolute nullity
Any interested person may bring an action for a declaration of absolute nullity of the marriage. However, the prosecutor may not bring an action after the termination or dissolution of the marriage, unless he or she would act in defense of the rights of minors or persons banned.
Article 298 Vices of consent
(1) The marriage may be annulled at the request of the spouse whose consent has been vitiated by error, malice or violence.
(2) The error constitutes a defect of consent only when it concerns the physical identity of the future spouse.
Article 301 The limitation period
(1) The annulment of the marriage may be requested within 6 months.
(2) In the case provided in art. 297 , the term runs from the date on which those whose approval or authorization was necessary for the conclusion of the marriage became aware of it.
(3) In case of nullity for defects of consent or for lack of discernment, the term runs from the date of cessation of violence or, as the case may be, from the date on which the interested party knew the deceit, error or temporary lack of discernment.
(4) In the case provided in art. 300 , the term runs from the date of marriage.
Article 303 Nullity coverage
(1) In the cases provided in art. 272 para. (2) , (4) and (5) , the annulment of the marriage is covered if, until the finality of the court decision, the approvals and authorization required by law have been obtained.
(2) The marriage cannot be annulled if the spouses have lived together for 6 months from the date of the cessation of the violence or from the date of the discovery of the grief, of the error or of the temporary lack of mental faculties.
(3) In all cases, the nullity of the marriage shall be covered if, in the meantime, both spouses have reached the age of 18 or if the wife has given birth or become pregnant.
Article 308 Spouses make decisions
The spouses decide by mutual agreement on all matters relating to marriage.
Article 309 Spouses’ duties
- Spouses owe each other mutual respect, fidelity and moral support.
(2) They have the duty to live together. For good reasons, they may decide to live separately.
Article 310 Spouse independence
A spouse has no right to censor correspondence, social relations or the choice of the other spouse’s profession.
Article 312 Matrimonial regimes
(1) The future spouses can choose as a matrimonial regime: the legal community, the separation of assets or the conventional community.
(2) Irrespective of the chosen matrimonial regime, it cannot be derogated from the provisions of this section, unless otherwise provided by law.
Article 325 The contribution of spouses
- Spouses are obliged to provide mutual material support.
(2) They are obliged to contribute, in relation to the means of each one, to the expenses of the marriage, unless otherwise provided by matrimonial agreement.
- Any agreement which provides that only one of the spouses is to bear the costs of the marriage shall be deemed to be unwritten.
Article 326 Housework
The work of any of the spouses in the household and for raising children is a contribution to the expenses of the marriage.
Article 327 Income from the profession
Each spouse is free to exercise a profession and to dispose, in accordance with the law, of the income received, in compliance with his obligations regarding the expenses of the marriage.
Article 329 Matrimonial convention
The choice of a matrimonial regime other than that of the legal community is made by concluding a matrimonial convention.
Article 337 Conclusion of the matrimonial agreement by the minor
(1) The minor who has reached the matrimonial age may conclude or modify a matrimonial agreement only with the consent of his legal guardian and with the authorization of the guardianship court.
(2) In the absence of the approval or authorization provided in par. (1) , the agreement concluded by the minor may be annulled under the conditions of art. 46 , which shall apply accordingly.
(3) An action for annulment may not be brought if one year has elapsed since the conclusion of the marriage.
Article 373 Reasons for divorce
Divorce can take place:
- a) by the consent of the spouses, at the request of both spouses or of one of the spouses accepted by the other spouse;
- b) when, due to good reasons, the relations between the spouses are seriously damaged and the continuation of the marriage is no longer possible;
- c) at the request of one of the spouses, after a de facto separation that lasted at least 2 years;
- d) at the request of the spouse whose state of health makes it impossible to continue the marriage.
Article 374 terms
- Divorce by agreement of the spouses may be pronounced regardless of the duration of the marriage and regardless of whether or not there are minor children resulting from the marriage.
(2) Divorce by consent of the spouses may not be allowed if one of the spouses is placed under interdiction.
(3) The court is obliged to verify the existence of the free and unadulterated consent of each spouse.
Article 375 terms
- If the spouses agree to divorce and do not have minor children, born out of wedlock, out of wedlock or adopted, the registrar or notary public at the place of marriage or the last common residence of the spouses may find the dissolution of the marriage by agreement spouses, issuing them a divorce certificate, according to the law.
(2) Divorce with the consent of the spouses may also be established by the notary public if there are minor children born out of wedlock, out of wedlock or adopted, if the spouses agree on all matters relating to the surname to bear after divorce, the exercise of parental authority by both parents, the establishment of the children’s home after the divorce, the manner of maintaining the personal ties between the separated parent and each of the children, as well as the establishment of the parents’ contribution to the expenses of raising, educating, teaching and training the children. If the social investigation report shows that the agreement of the spouses regarding the joint exercise of parental authority or that concerning the establishment of the children’s home is not in the best interests of the child, the provisionsart. 376 para. (5) .
(3) The provisions of art. 374 para. (2) are applicable accordingly.
Article 376 Procedure
- The divorce application shall be filed by the spouses together. The registrar or notary public registers the application and gives them a period of reflection of 30 days.
(2) By exception from the provisions of par. (1) , the divorce application may be submitted to the notary public and through a proxy with an authentic power of attorney.
(3) At the expiration of this term, the spouses shall appear in person and the registrar or, as the case may be, the notary public shall verify whether the spouses insist on divorce and whether, in this respect, their consent is free and untainted.
(4) If the spouses persist in divorce, the civil status officer or, as the case may be, the notary public shall issue the divorce certificate without making any mention regarding the fault of the spouses.
(5) The provisions of art. 383 para. (1) and (3) shall apply accordingly. If the spouses do not agree on the family name to bear after the divorce or, in the case provided in art. 375 para. (2) , on the joint exercise of parental rights, the civil status officer or, as the case may be, the notary public issues a disposition of rejection of the divorce application and instructs the spouses to address the court, according to the provisions of art. 374 .
(6) The resolution of applications for other effects of divorce on which the spouses do not agree is within the jurisdiction of the court.
Article 388 Compensation
Distinct from the right to the compensatory benefit provided in art. 390 , the innocent spouse, who suffers an injury by dissolving the marriage, can ask the guilty husband to compensate him. The guardianship court resolves the application through the divorce decision.
Article 389 Maintenance obligation
- By the dissolution of the marriage, the maintenance obligation between the spouses ceases.
(2) The divorced spouse has the right to maintenance, if he is in need due to an incapacity for work that occurred before the marriage or during the marriage. He is also entitled to maintenance when the incapacity arises within one year of the dissolution of the marriage, but only if the incapacity is caused by a circumstance in connection with the marriage.
(3) The maintenance due according to the provisions of par. (2) shall be established up to a quarter of the net income of the person obliged to pay it, in relation to his means and the state of need of the creditor. This maintenance, together with the maintenance due to the children, may not exceed half of the net income of the obligor.
(4) When the divorce is pronounced through the exclusive fault of one of the spouses, he / she does not benefit from the provisions of par. (2) and (3) than for one year from the dissolution of the marriage.
(5) Apart from other cases provided by law, the maintenance obligation ends by remarriage of the entitled person.
Article 499 Maintenance obligation
(1) The father and the mother are obliged, jointly and severally, to provide maintenance for their minor child, providing him with the necessities of life, as well as his education, teaching and professional training.
(2) If the minor has an income of his own that is not sufficient, the parents have the obligation to provide him with the necessary conditions for his growth, education and professional training.
(3) The parents are obliged to support the child who has reached the age of majority, if he is continuing his studies, until their completion, but not exceeding the age of 26 years.
(4) In case of misunderstanding, the extent of the maintenance obligation, the manner and modalities of execution, as well as the contribution of each of the parents shall be established by the guardianship court on the basis of the psychosocial investigation report.
Article 503 How to exercise parental authority
- Parents shall exercise parental authority together and equally.
(2) In relation to bona fide third parties, any of the parents, who alone performs a current act for the exercise of parental rights and duties, is presumed to have the consent of the other parent.
Article 504 Exercising parental authority in case of divorce
If the parents are divorced, parental authority is exercised in accordance with the provisions relating to the effects of divorce on the relationship between the parents and the children.