Legislative and policy framework

The Romanian Constitution enshrines the equality of citizens regardless of sex, race, nationality, ethnicity, language, religion, opinion, political affiliation, wealth, or social origin (Article 4(2)). It ensures equal rights before the law and public authorities (Article 16(1)), equal job opportunities for women and men in public, civic or military jobs (Article 16(3)) and equal pay (Article 41(4)). During the process of accession to the EU, and particularly in the pre-accession years, the pace of implementation of gender mainstreaming was intensified and received special attention from the government.

In 2002, Law No 202/2002 on equal opportunities between women and men was adopted, focusing on gender equality in employment, education, health, culture, services, goods, and access to politics and decision-making positions; it is often referred to as the Gender Equality Law.[1] It defines various forms of direct and indirect discrimination, harassment (including sexual and psychological harassment), gender-based violence and gender stereotypes (Article 4). In 2015, the law was amended to include a provision on gender budgeting (Law No 229/2015).[2]

Among other measures, the Gender Equality Law provides for positive action promoting gender equality as ‘special actions that are adopted temporarily to accelerate the realisation in practice of equal opportunities between women and men and are not considered discriminatory in action’ (Article 4(e)). However, those actions are only allowed when they are ‘aimed at protecting certain categories of women or men, and not women as a group in comparison with men’ (Article 6(5)(b)).

In December 2022, a government decision approved the 2022–2027 national strategy for the promotion of equal opportunity and treatment between women and men and preventing and combating domestic violence.[3] The strategy focuses on six areas, with specific objectives and monitoring for each area.

Key areas of the national strategy for the promotion of equal opportunity and treatment between women and men and preventing and combating domestic violence for 2022–2027

  • Area 1: Preventing and combating gender stereotypes in the education system.
  • Area 2: Increasing access to health services for women and men.
  • Area 3: Ensuring equal opportunities for women and men in the labour market, in particular in terms of employment rates, income and areas of employment.
  • Area 4: Increasing the provision of services for all persons active in the labour market for the balance of work and private life.
  • Area 5: Balancing the participation of women and men in decision-making in public and political life.
  • Area 6: Implementing gender mainstreaming.

The strategy is implemented through the action plan for 2022–2027, which has a specific section focused on gender equality.[4] The action plan covers each of the 6 domains of intervention, as set out above, and includes 8 objectives and 32 targets, which are measured by 75 qualitative indicators.

Structures

Governmental gender equality body

The National Agency for Equal Opportunities between Women and Men (Agenția Națională pentru Egalitatea de Șanse între Femei și Bărbați (NAEO)), established in 2002, is the governmental body responsible for the promotion of gender equality.

Previously housed within the Ministry of Labour and Social Protection, the NAEO has been moved to the newly formed Ministry of Family, Youth and Equal Opportunities (Ministerul Familiei, Tineretului și Egalității de Șanse). As the Ministry of Family, Youth and Equal Opportunities does not have a specific department focused on gender equality, most of its activities in this policy area are coordinated with the NAEO and are based on the agency’s work.

The NAEO presents legislative suggestions to the ministry to be put forward as proposals to the government, for public debate and for consultation with other ministries through the legislative process. The NAEO remains the main governmental body that performs activities and holds responsibilities regarding equality opportunities and treatment between women and men, as established in 2016 by Government Decision No 177/2016.[5]

Article 3(1) of Government Decision No 177/2016 states that the NAEO exerts a function of authority that ‘ensures the active and visible integration of a gender perspective in all national policies and programmes’.[6] This provision to implement gender mainstreaming is not enforced by any sanction mechanism.

Functions of the NAEO

  • Developing and applying government strategy and policy in the area of equal opportunities between women and men.
  • Ensuring the harmonisation of national legislation with EU regulations in the area of equal opportunities between women and men, and fighting domestic violence.
  • Developing the legal framework following international conventions and treaties representing the Romanian state in the area of gender equality.
  • Ensuring the integration of a gender perspective into all national policies and programmes, and ensuring implementation and compliance with regulations within its area of responsibility.

In 2023, according to its annually published report, the NAEO’s core activities included implementing the related action plans and developing an emergency helpline for victims of domestic violence. The annual expenditure of the NAEO is EUR 1 797 200, with approximately 5 % dedicated to the costs of gender-equality-related projects and programmes. The administrative costs of the NAEO are fully funded by the government. In 2024, the NAEO had 53 employees, who spent 25–50 % of their time on gender equality issues.

The National Commission for Equal Opportunities between Women and Men (Comisia Națională în Domeniul Egalității de Șanse între Femei și Bărbați (CONES)) is an interministerial body that coordinates gender equality policies and the activities of the commissions established at the country level: the County Commissions for Equal Opportunities between Women and Men (Comisia Județeană în Domeniul Egalității de Șanse între Femei și Bărbați (COJES)). CONES includes 46 members, covering representatives from ministries, government bodies, trade unions, employers’ associations and non-governmental organisations (NGOs). In 2023, CONES held two meetings, but its activity reports are not publicly accessible.

Independent gender equality body

The National Council for Combating Discrimination (Consiliul Național pentru Combaterea Discriminării (CNCD)) is the independent equality body in charge of promoting the equal treatment of all persons and ensuring there is no discrimination on the grounds of sex. It was established by Government Decision No 1194/2001, but it operates under various laws.[iii] The CNCD handles prevention, mediation, investigation and sanctioning of discrimination, makes legally binding decisions, initiates cases, provides legal advice to victims and imposes civil fines.

The CNCD guarantees compliance with and application of the principle of non-discrimination on the grounds of race, nationality, ethnicity, language, religion, social status, beliefs, sex, sexual orientation, age, disability and non-contagious chronic diseases, HIV status and membership of a disadvantaged group.

Functions of the CNCD

  • Proposing draft legal acts within its area of competence.
  • Endorsing draft acts on the exercise of rights, freedoms and non-discrimination.
  • Collaborating with the public authorities to amend national legislation in line with international non-discrimination regulations.
  • Enforcing and ensuring compliance with legal provisions on the prevention and elimination of all forms of discrimination by public authorities, legal entities and persons.
  • Developing and establishing policies to prevent discriminatory acts.
  • Developing and implementing national programmes and campaigns to prevent and combat discrimination.

In 2024, the CNCD had 72 employees, who spent around a quarter of their time specifically on gender equality issues, consistent with the wide remit of the body. Only in some cases do departments and ministries consult the CNCD about new or existing policies, laws or programmes in policy fields other than gender equality; these consultations lead to related adjustments in only some cases (25–50 %).

The CNCD has a total annual expenditure of EUR 20 764 000, with 10 % of this allocated to gender equality project, programme and activity costs.

Parliamentary body

Although there is no representative elected body for gender equality, a permanent Commission for Equal Opportunities between Women and Men, located in the Chamber of Deputies, is in place. The Senate’s commission addresses equal opportunities in general, along with human rights, religions and minorities.

Once a year, the permanent parliamentary committees with mandates in the area of equality between women and men come together in a joint session during which the head of the NAEO presents its activity report, budgetary execution, achievements, challenges and plans for the future.

Regional structure

Each county has a local government body: the COJES. The 40 COJES, and the Bucharest municipality, are composed of representatives of local public administration, entities subordinate to the local public administration, trade unions and local NGOs. There is no legal provision indicating a specific position of the county commission in the local government. The COJES have a consultative and informative role. They regularly collect and submit data related to equal opportunities, which are then transmitted to CONES. The composition and function of the COJES are stipulated by law.

Functions of the CONES

  • Promoting the integration of the equal opportunity principle to eliminate gender inequality and gender discrimination.
  • Including the principle of equal opportunity between women and men in the implementation of national and local policy.
  • Evaluating the implementation of equal opportunity policy at the local level, making recommendations to local authorities in the field of gender equality and reporting on the implementation of gender equality legislation and policy.

Consultation with civil society

Consultation with civil society primarily takes place in an ad hoc manner and is led by the NAEO. A key channel of this consultation process is partnerships on projects funded by the EU Cohesion Funds.

The NAEO does not have specific channels to fund NGOs’ activities. Despite this, the NAEO forms partnerships with NGOs in order to apply for external funding together, such as that provided by EU funds, Nordic Co-operation funds or Council of Europe funds.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Romania.

Gender impact assessment

There is no legal obligation to undertake an ex ante gender impact assessment when drafting laws or policies.

Gender budgeting

While gender budgeting is defined in the amended 2002 Gender Equality Law, there is no obligation to implement it, and it remains in its foundational stages.

Since May 2022, Romania has been part of the EU project ‘Gender mainstreaming in public policy and budgeting’, together with six other EU Member States (Germany, Ireland, Greece, France, Italy, Portugal). The project is funded by the European Commission through its Reform and Investment Task Force (previously the Directorate-General for Structural Reform Support) and its Technical Support Instrument to support the Member States;[8] the project is to end in 2025. In Romania, the project aims to develop gender-sensitive tools to carry out a baseline analysis of gender equality and to contribute to the development of a national action plan for the economic and political empowerment of women in Romania for 2023–2027.[9]

Training and awareness raising

Employees of the governmental body for equality receive gender equality training on an ad hoc and voluntary basis.

In the past two years, the NAEO has used its official website and social media accounts (e.g. Facebook) to publish regular press releases on projects and programmes, including daily activities, events and weekly summaries. Supported by its strong online presence, the NAEO hosts international conferences and also raises awareness of the importance of gender-sensitive language.

Gender statistics

In Romania, there is a legal obligation for the National Institute of Statistics to collect and disaggregate data by sex. Law No 202/2002 on equal opportunities between women and men, Article 27(2), states that ‘The National Institute of Statistics introduces sex disaggregation in all documents and works on economic, social, political and cultural life and periodically publish[es] statistical data, disaggregated by sex, on the condition of women and men living in Romania’.

Moreover, Government Decision No 177/2016 includes an obligation on the NAEO to analyse such data under Article 4(d), which calls for ‘reports, studies, analyses and forecasts regarding the application of the principle of equal opportunities and treatment between women and men, in all fields of activity’.

The National Institute of Statistics does not have a specific section of its website dedicated to gender statistics. However, it disseminates sex-disaggregated data at the national level in its annual Statistical Yearbook (Anuarul Statistic) on the population, labour market participation by economic sector and occupation, earnings, levels of education and enrolment in education. More specifically, every second year, it publishes the comprehensive publication Women and Men – Work and life partnership[10] in both Romanian and English. The NAEO also publishes sex-disaggregated data in its annual monitoring reports and reports on other topics.

Monitoring progress

Romania’s institutional mechanisms for gender equality and gender mainstreaming are comparable to the EU average but show a slight decline compared with 2021.

Explore Romania’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.

Romania: Institutional mechanisms for gender equality and gender mainstreaming

References