General legal framework

• Author: Romanita Iordache
• Pages: 17-18

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1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the promotion

of equality

Articles 1(3), 4(2), 6, 16 and 30(7) of the Romanian Constitution address issues that relate

to the prohibition of discrimination.47

‘Romania is a democratic and social state, governed by the rule of law, in which

human dignity, the citizens' rights and freedoms, the free d evelopment of human

personality, justice and political pluralism represent supreme values, in the spirit of

the democratic traditions of the Romanian people and the ideals of the Revolution of

December 1989, and shall be guaranteed.’ (Article 1(3))

‘Romania is the common and indivisible h omeland of all its citizens, without any

discrimination on account of race, nationality, ethnic origin, language, religion, sex,

opinion, political adherence, property or social origin.’ (Article 4(2) )

‘(1) The State recognizes and guarantees the right of persons belonging to national

minorities to the preservation, devel opment and expression of their ethnic, cul tural,

linguistic and religious identity.

(2) The protection measures taken by the Romanian State for the preservation,

development and expression of identity of the persons belongin g to national

minorities shall conform to the principles of equality and non-discrimination in

relation to the other Romanian citizens.’ (Article 6)

‘(1) Citizens are equal before the law and public authorities, without any privilege or

discrimination.

(2) No one is above the law.

(3) Access to public, civil, or military positions or dignities may be granted, according

to the law, to persons whose citizenship is Romanian and whose domicile is in

Romania. The Romanian State shall guarantee equal opportunities for men and

women to occupy such positions and dignities.

(4) After Romania’s accession to the European Union, the Union’s citizens who comply

with the requirements of the organic law have the right to elect and be elected to the

local public administration bodies.’ (Article 16)

‘Any defamation of the country and the nation, any instigation to a war of aggression,

to national, racial, class or religious hatred, any incitement to discrimination … shall

be prohibited by law.’ (Article 30(7))48

The text of the Constituti on does not provide for explicit protection against discrimination

on grounds of disability, age or sexual orient ation, a s stated in Directive 2000/78/EC;

however, it mentions protection against discrimination on the grounds of language,

opinion, political adherence, pr operty and social origin. In a 1993 decision, the

Constitutional Court established the principle of interpreting the protected grounds against

discrimination by giving priority to international human rights treaties as per Article 20 of

the Romanian Constitution, thus bringi ng in th e protected grounds listed by Articl e 26 of

the ICCPR.49 Given this early precedent, the court would also build in Article 14 of the

European Convention on Human Rights, as well as Protocol 12 considerations, thus

ensuring effective protection against discrimination on grounds of age, disability or sexual

orientation, should the convention be invoked. None of these categories is further defined

by constitutional provisions or by implementing legislation.

47 The Constitution of Romania of 1991 was amended by Law 429/2003 on the revision of the Constitution of

Romania, 29 October 2003, available at http://www.cdep.ro/pls/dic/site.page?id=371.

48 Constitution of Romania of 1991, as amended.

49 Romanian Constitutional Court, decision 6 from 25 February 1993.