Romania

Categories Score

The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.

Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.

Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria whitin the category (1/4 total criteria) the category scores 50%.

More information on the categories and criteria weighting factors here.

ASYLUM

This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.

Civil Society Space

This category is about laws, policies and practices that allow for full exercise of freedom of assembly, association and expression for LGBTI people.

Intersex Bodily Integrity

The criteria under this category covers prohibition of any kind of surgical or medical intervention on an intersex minor before child is able to give informed consent. We additionally take into account if this prohibition is universal to all persons, establishes a monitoring mechanism and provides access to justice for victims and reparations.

Legal Gender Recognition

The category looks at laws and policies that ensure legal gender recognition for trans, non-binary and intersex people and the requirements and preconditions to access these procedures.

Hate Crime & Hate Speech

We look into laws that include sexual orientation, gender identity and sex characteristics in the hate crime and hate speech legislation as an aggravating factor. The category also takes into account the recurrent and continuing policies tackling hatred.

Equality & Non Discrimination

This category looks into effective anti-discrimination legislation that explicitly includes sexual orientation, gender identity, gender expression and sex characteristics. We also take into consideration laws and policies banning conversion practices and allowing LGBTI people to donate blood. In addition to legislation, we look into effectively working equality bodies and well-implemented action plans.

Family

This category looks into recognition and protection of LGBTI people’s family rights with consideration of laws on marriage equality, registered partnership, adoption, medically assisted insemination, and trans parenthood.

Criteria Compliance Ratio

Category & Criteria Table

The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.

n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)

  • Complies
  • Applicable in some regions only
  • Does not Comply
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Name of Law / Documents / Institution
Date of Adoption
Date of Coming into Effect
Specific Article of Reference
Additional Information

RECOMMENDATIONS

In order to improve the legal and policy situation of LGBTI people in Romania, ILGA-Europe recommend:

  • Adopting legal measures to recognise and protect same-sex couples, such as registered partnership.
  • Introducing policies tackling hate crimes and hate speech with express mention of all SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds.
  • Developing a fair, transparent legal framework for legal gender recognition, based on a process of self-determination and free from abusive requirements (such as sterilisation, GID/medical diagnosis, surgical/medical intervention, compulsory divorce or age restriction), and that includes a non-binary or third gender option.

Annual Review of Romania

In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2023.

Read our Annual Review of Romania below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Romania.

The full Annual Review for 2024 is available here.

Country Score Evolution

Year

See also

Article

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

Read in ILGA Europe's website
Report

Our submission to the EC 2024 Rule of Law report

Read in ILGA Europe's website
Article

Romania failed to protect same-sex couples, European court rules

Read in ILGA Europe's website
Article

Romanian transgender man’s landmark case requesting that Romania acknowledges his UK gender recognition referred to the Court of Justice of the European Union

Read in ILGA Europe's website
Report

Our submission to the EC 2023 Rule of Law report

Read in ILGA Europe's website
Report

A.B. and K.V. v Romania

Read in ILGA Europe's website
Report

Our submission to the EC 2022 Rule of Law Report

Read in ILGA Europe's website
Report

Coman and Others v Romania

Read in ILGA Europe's website
Article

We welcome today’s judgment from the European Court of Human Rights in the case of Association ACCEPT and Others v. Romania

Read in ILGA Europe's website
Report

Rainbow Family Rights in Europe – Part 1: The Coman Case Three Years On

Read in ILGA Europe's website
Article

European Court will consider lack of implementation of EU law to enable freedom of movement for same-sex spouses

Read in ILGA Europe's website
Article

LGBTI rights groups welcome judgement finding Romania in violation of the European Convention on Human Rights because of a lack of proper legal framework for legal gender recognition

Read in ILGA Europe's website
Report

Buhuceanu and Ciobotaru v. Romania

Read in ILGA Europe's website
Article

Romania to hold referendum that could violate the rights of rainbow families

Read in ILGA Europe's website
Article

Voters in Romania boycott restrictive referendum on definition of family

Read in ILGA Europe's website
Report

X. against Romania and Y. against Romania

Read in ILGA Europe's website
Article

Freedom of movement and same-sex couples in Romania – coman case update

Read in ILGA Europe's website
Report

MC & AC v. Romania

Read in ILGA Europe's website
Report

Association Accept and Others v Romania

Read in ILGA Europe's website
Report

Accessing Health: Context and Challenges for LGBT People in Central & Eastern Europe

Read in ILGA Europe's website
Report

Meeting the challenge of accession

Read in ILGA Europe's website
Report

Equality for lesbians and gay men- a relevant issue in EU accession process

Read in ILGA Europe's website