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Romania is generally socially conservative with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant progress in LGBT rights legislation since In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes.

InRomania was named by Human Rights Watch as one of five countries in the world that had made “exemplary progress in combating rights abuses based on sexual orientation or gender identity. The Penal Code promulgated by Alexandru Ioan Cuza ininspired mainly by the French Penal Code of which, over time, had eliminated the penal discrimination of homosexuality[4] did not treat homosexual relations differently from heterosexual ones, [5] and thus, homosexuality was only illegal if it was done on an unconsensual basis.

Starting withthe corresponding Transylvanian-Hungarian code penalized gay men only if they engaged in violent homosexual acts, such as rape or attempted rape.

Influenced by anti-gay legislation in totalitarian fascist states, the Romanian Penal Code criminalized homosexuality in the country for the first time in This Code as result of public debate on sexuality banned public homosexuality only Article penalized “acts of sexual inversion committed between men or between women, if provoking public scandal”.

Legwa the new Penal Code of the Romanian People’s RepublicArticle toughened penalties to a minimum of 2 years’ and a maximum of 5 years’ imprisonment. In particular, Romania had to prove that sexual minority human rights were not violated by the country’s policies and legislation. And the possibility of eventual entry into the European Union had a powerful effect on legal change. There are currently no ado;tiei against gay citizens in Romania, aside from those that deny equality in marriage.

Sincethe age of consent has been equal for both heterosexual and homosexual sex, at 15 years of age. In latethe far-right Greater Romania Party proposed a law in the Senate that would ban the “propagation of ideas and manifestations by homosexuals and lesbians”, designed primarily to prevent Bucharest’s annual GayFest pride parade from taking place.

Contribuţii la studiul procedurii de judecată în cazul cererilor din materia adopţiei.

The proposal was rejected by the Senate on 11 Februarywith 17 votes for, 16 abstentions and 27 votes against. Sinceit has been possible for someone who has adpptiei through sex reassignment surgery to legally change their sex in their official documents.

The law on civil registration data [24] and the law on the procedures for identification documents [25] offer indirect guidance on the procedure for sex change and for changes to names and identification data. Romania is among adoptidi last countries in the European Union that does not recognize any form of civil union between people leggea the same sex.

Despite this, legislation in effect leaves no room for interpretation for representatives of marital status.

Marriage can only be the union of one man and one woman, and a same-sex couple can not legally receive legex protection as a family.

Moreover, same-sex marriage is prohibited by the Civil Code [30] and there is no difficulty in implementing these provisions. In Aprilthe Green Party MP Remus Adoptii announced a proposed law that would give same-sex marriages the same rights as heterosexual ones, [31] prompting fierce reactions from opponents of the move.

After being sent to the Chamber of Deputiesthe bill was officially defeated by a vote of to 4 on 11 June On 7 JuneRomania had attempted to amend its Constitution to ban same-sex marriage through a commission tasked with amending it, with 15 MPs in the commission voting for, and only 3 abstentions.

In OctoberCernea once again submitted a civil partnership bill to Parliament. In Aprilthe Senate leyea 49 to 8 against the bill.

Drepturi LGBT în România – Wikipedia

A lawsuit initiated by a Romanian man seeking to have his marriage to an American man the marriage was solemnised in Belgium, where same-sex marriage is legal recognised came before the Constitutional Courtwhich consulted with the European Court of Justice on the matter. Francethe Grand Chamber of the Strasbourg Court ruled that the authorities’ refusal to allow a person to adopt a child on the basis of sexual orientation creates a difference of treatment incompatible with human rights.


It is legal for single women, including lesbians, to access means of assisted insemination, such as IVF. Inthe Constitutional Court ruled that it is unconstitutional to deny medically assisted reproduction, such as IVF, to individuals or those who are unmarried. Gay people are allowed to serve openly in the Romanian army.

According to the Ministry of Defence’s recruitment policy, “it is the right of every Romanian citizen to take part in the military structures of our country, regardless of their sexual orientation. Inthe Romanian Parliament enacted a law that explicitly outlawed discrimination on the basis of sexual orientation in a variety of fields, [51] including employment, the provision of and access to goods and services, housing, education, health care, audiovisual programming, the justice system, other public services and social security.

An example of this was when TAROM, the national air carrier, was fined for refusing to allow same-sex partners to take advantage of its discounts for couples on Valentine’s Day On 5 June a Parliamentary Committee for reviewing the Constitution voted to include sexual orientation as a protected ground against discrimination in the new Constitution. The same committee voted, the following day, to change the current marriage law form, which describes marriage as “a consensual union between spouses ,” to the more restrictive form, describing it “as a union between a man and a woman alone,” thus banning same-sex marriage.

Dozens of NGOs protested the move to retract the Constitutional protection against discrimination on the basis of their sexual orientation and said “members of the Committee for Constitutional Revision deny the protection for the citizens who most need it” and that “as a Member State of the European Union, it is mandatory for Romania to implement the provisions of Community law in the national legislation.

Green Party MP Remus Cernea, who is a staunch supporter of LGBT rights, and who has since introduced a draft law to the Senate in order to legalize civil unions, thinks of the move as a “clear a democratic setback; Romania should now be included among the most homophobic countries in the world. The Penal Code was amended in to include incitement to discrimination. The same amendment introduced discriminatory intent as an aggravating circumstance in the commission of a criminal offence.

However, it is difficult to assess whether these provisions are actually applied. Inthe Penal Code was amended in order to criminalise incitement to hatred and harassment on the basis of sexual orientation. The president of the National Audiovisual Council, Ralu Filip, justified the fine by stating that, “I felt it was unacceptable the way in which they made fun of a sexual orientation in this way, especially since it was about a colleague.

In another well-publicized case, CNA gave a 10,lei fine to Antena 1 and received a reprimand from FremantleMediaBritish TV company that holds the license of X Factor worldwide, after Cheloojudge of the Romanian edition of the showmade discriminatory statements on an openly gay Italian contestant. On 7 November seven young persons were assaulted in Bucharest at the National School of Political Science and Public Administration after attending an academic debate about the history of homosexuality in Romania.

The open letter contained complaints mostly based on religious grounds. There is now an official inquiry into this initiative. On the evening of 20 February a screening of the film The Kids Are All Right was violently interrupted in Bucharest at the Museum of the Romanian Peasant by around 50 extreme-right militants who stopped the screening a few minutes after it had started.

The anti-gay group verbally assaulted film-goers calling them “beasts,” “scum” and chanting “Death to the homosexuals,” “We don’t want you here,” and “You are not Romanians.

The militants then proceeded to sing the Romanian national anthem and Christian Orthodox chants, and used religious symbols icons as well as fascist ones the Nazi salutes. In Octoberthe adoptiel of state and head of government clashed due to differences in views on acceptance of homosexuality in society. A constitutional referendum has been proposed which will ban same-sex marriage explicitly if approved by a majority of Romanian voters, but no date has been set.


LGBT rights groups in Romania disapprove of this, while some foreign activists from the United States and Russia are campaigning for it. Like the United Statesthe United Kingdom and several other Western countries, Romania currently bans men who have had sex with men from donating blooddue to a presumed higher risk of infection with STDs. In Januaryin order to comply with the Council’s ruling, the Ministry of Health released a new law adoptei removes the ban on men who have had sex with men from donating blood.

Nevertheless, the law has not yet been implemented. Moreover, on 29 Aprilthe European Court of Justice in Luxembourg City proposed to exclude gay people from the list of blood donors, without the decision to be considered discrimination based on sexual orientation. Support for same-sex marriage poll [70].

Although the last anti-gay law, Articlewas repealed insocietal attitudes towards gay and lesbian citizens are still quite discriminatory, [71] particularly adopptiei rural areas. Many Romanians still think of the gay community as “sick” and although a number of associations support the rights of “sexual minorities” important Romanian institutions remain critical.

In Septemberthe British Council conducted a survey in various Romanian cities which, among other things, sought to ascertain the beliefs of Romanian young people aged between 15 and 25 regarding LGBT rights. Of those surveyed, A Eurobarometer survey on discrimination in the European Unionconducted in laterevealed that attitudes towards discrimination on the basis of sexual orientation were similar with those of other EU countries.

Other opinion polls have shown Romanians to be more intolerant with regard to homosexuality, including a poll conducted by Gallup for the Institute for Public Policies. Arguments describing homosexuality as a “vice” or a “sin against nature” are common. On 3 April[83] the National Council lehea Combating Discrimination has released its report “Perceptions and Attitudes Regarding Discrimination in Romania” with the following conclusions: In part II, the study notes the following level of tolerance toward homosexual persons: A survey by the EU ‘s Fundamental Rights Agency shows that Romania ranks third, after Croatia and Bulgariaamong the countries with the highest levels adoptoei homophobic behavior.

Open homosexuality is still uncommon outside of major urban centers, and rural gay and lesbian Romanians typically remain closeted. Increased Internet access in the past few years has led to the development of a vibrant online LGBT media and blogosphere. Although Bucharest has a number of so-called “out” artists, activists and journalists, working to eliminate organized discrimination against the LGBTI community, activities outside of the capital tend to be limited as a result of political, religious and societal oppression.

Despite greater access to the active community within Bucharest through social mediaa huge gap still exists in unifying regional activists with those in the capital. The coalition’s main activity consisted in promoting and collecting signatures for a citizen’s initiative aiming to revise the Constitution and prevent interpretations that would permit gay marriage. From Wikipedia, the free encyclopedia. Legal aspects of transsexualism.

Recognition of same-sex unions in Romania. Constitution limits axoptiei to opposite-sex couples. Sexual orientation and military service.

MSM blood donor controversy. Romanian constitutional referendum, Homosexuality in Modern France. Politics, Economics, and Society.

The Third Pink Book: Seizing a new interest”. Negotiation and mediation for defending a new born interest in Romania PDF. Repealing Article from the Penal Code”.

Archived from the original on 13 April Embassy of the United States in Bucharest, Romania. European Union Agency for Fundamental Rights. Digi 24 in Romanian.

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Cuplurile gay NU vor putea adopta copii. Relatia unui cuplu format din persoane de acelasi sex intra in sfera notiunii de “viata de familie”, asemenea unui cuplu heterosexual”. European Court of Human Rights. International Justice Resource Center. Procedia — Adlptiei and Behavioral Sciences. The situation concerning homophobia and discrimination on grounds of sexual orientation in Romania.

Poll on homophobia sparks concern”. A short history adopteii the queer time of “post-socialist” Romania, or, Are we there yet? Central and Eastern European Perspectives.

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