European Committee of Social Rights: Romania

2015

(January 2016, Conclusions 2015)

“The Committee notes from the Global Initiative to End Corporal Punishment of Children that corporal punishment is prohibited in all settings- in the home, in schools and in institutions.»

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2011

(January 2012, Conclusions 2011)

"In its previous conclusion (Conclusions 2005) the Committee held that the situation was not in conformity with the Charter as corporal punishment within the family was not prohibited. It now notes from the report of the Governmental Committee of the Social Charter to the Committee of Ministers (TS-G (2005) 25) that new legislation was enacted to prevent and combat domestic violence. It notes from another source that corporal punishment is now prohibited in the home.

"Section 28 of Act No. 272/2004 on the Protection and Promotion of the Rights of the Child, promulgated through Decree No. 481/2004 (in force in 2005), provides that a child has the right to be shown respect for his or her personality and individuality and may not be made subject to physical punishment or to other humiliating or degrading treatment. Besides, disciplinary measures concerning the child can only be taken in accordance with the child’s dignity, and under no circumstances are physical punishments allowed, or punishments which relate to the child’s physical and mental development or which may affect the child’s emotional status.

"The Committee notes that the situation has thus been brought into conformity."

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2005

(March 2005, Conclusions 2005)

"The Committee recalls that Article 17.1 of the Revised Charter requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law. The Committee notes that corporal punishment within the family was not explicitly prohibited during the reference period. Consequently, the situation in Romania is not in conformity with Article 17 of the Revised Charter.

"The Committee notes that the new law on the protection and promotion of the rights of the child contains a provision on the prohibition of corporal punishment of children within the family and in institutions…. The Committee will examine the new legislation in the next examination of Article 17.1 of the Revised Charter.

"The Committee concludes that the situation in Romania is not in conformity with Article 17.1 of the Revised Charter on the grounds that:

- corporal punishment of children within the family was not prohibited during the reference period…."

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2003

(1 October 2003, Conclusions 2003 Vol. 1, page 406)

"The Committee notes that legislation exists protecting children against any form of violence, ill treatment, abuse or neglect while in their parents care. However it notes that all corporal punishment of children in the family is not prohibited. It notes in this respect that there is a draft children’s law including a provision explicitly prohibiting corporal punishment in the family. It wishes to be kept informed of its progress. Meanwhile the Committee concludes that the situation is not in conformity with the Revised Charter on this point.

"The Committee concludes that the situation in Romania is not in conformity with Article 17.1 of the Revised Charter as the corporal punishment of children within the family is not prohibited…"

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