General legal framework

• Author: Iustina Ionescu
• Pages: 7-7

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2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

The Romanian Constitution prohibits sex discrimination. It includes the principle of non-

discrimination and equality before the law, ‘sex’ being one of the ten protected grounds

expressly recognised in Articles 4 and 16 of the Constitution.6 Article 4(2) of the

Constitution stipulates that Romania is the common, indivisible country of all its citizens

without differentiation based on race, nationality, ethnic origin, language, religion, sex,

opinion, political affiliation, wealth or social origin. Article 16(1) of the Constitution

stipulates that citizens are equal before the law and public authorities without privileges

or discrimination. In paragraph 3 of Article 16, the State guarantees equal opportunities

for women and men to access public office.

2.1.2Other constitutional protection of equality between men and women

The Constitution contains other articles pertaining to equality between men and women,

specifically, there are only two provisions in the Constitution which have a limited scope.

Firstly, Article 41(4) stipulates the principle of equal pay for equal work; it only covers

salaries, but not other payments, such as bonuses, benefits etc.7 Secondly, in Article 16(3)

the State guarantees equal opportunities for women and men to access public office.8

2.2Equal treatment legislation

Romania has specific equal treatment legislation. In 2000, the Government adopted a

multi-ground general anti-discrimination statute which covered discrimination on the

ground of sex, as part of an open-ended list of grounds of discrimination such as race,

ethnic origin, religion, disability, age, sexual orientation, HIV status, etc. (hereafter, ‘Anti-

discrimination Law’).9

In 2002, the Parliament adopted a special law dealing exclusively with gender equality:

the Law on equal opportunities for women and men (hereafter, ‘Gender Equality Law’).10

6Constitution of 1991, Articles 4 and 16.

7Constitution of 1991, Article 41(4).

8Constitution, as amended in 2003, Article 16(3).

9Government Ordinance 137/2000 regarding the preventing and sanctioning of all forms of discrimination

(Ordonanta Guvernului nr.137/2000 privind prevenirea si sanctionarea tuturor formelor de discriminare)

(hereafter, ‘Anti-discrimination Law’).

10 Gender Equality Law, 2002.