The Women
There are just over 11 million women living in Romania, according to the United Nations (Statistics Division, Social Indicators, last updated August 2013) [1]. 42% of Romanian women live in severe poverty, according to the worrying conclusions of a 2013 European Union Report on Gender Equality.
According to figures released by the INS - National Statistics Institute - on the occasion of the International Woman's Day 2014, celebrated on March 8 every year, since 1997, the number of fertile women aged between 15 and 49 years old stood at 4.732 million (46.0 percent of the total female population), down nearly 823,400 people compared to the 2002 census.
"The decline in the population, registered in the Oct. 2011 census, has negatively influenced the values of birth rate and death rate. Thus, the recalculated birth rate was 9.8 live births per 1,000 people," the source says.
At the same time, INS draws attention to the fact that young couples want fewer children (one preferably) compared to 1992, the date of the previous census.
The life expectancy at birth for women was 77.86 years in 2012 (78.37 years in urban areas and 77.19 years in rural areas), 7 years higher than the value for men (70.77 years).
The average age for the first marriage is 26.4 years. According to the INS data, women are more likely to file for divorce when being 36.7 years of age.
Out of the 9,450,000 employed people in the third quarter of 2013, women accounted for 4,207.000. [2]
According to figures released by the INS - National Statistics Institute - on the occasion of the International Woman's Day 2014, celebrated on March 8 every year, since 1997, the number of fertile women aged between 15 and 49 years old stood at 4.732 million (46.0 percent of the total female population), down nearly 823,400 people compared to the 2002 census.
"The decline in the population, registered in the Oct. 2011 census, has negatively influenced the values of birth rate and death rate. Thus, the recalculated birth rate was 9.8 live births per 1,000 people," the source says.
At the same time, INS draws attention to the fact that young couples want fewer children (one preferably) compared to 1992, the date of the previous census.
The life expectancy at birth for women was 77.86 years in 2012 (78.37 years in urban areas and 77.19 years in rural areas), 7 years higher than the value for men (70.77 years).
The average age for the first marriage is 26.4 years. According to the INS data, women are more likely to file for divorce when being 36.7 years of age.
Out of the 9,450,000 employed people in the third quarter of 2013, women accounted for 4,207.000. [2]
Article 16 of the Romanian Constitution provides for equality for all citizens before the law and authorities. Article 4(2) states that "Romania is the common and indivisible homeland of all its citizens," without any discrimination on account of several protected grounds, including sex. Article 41(4) also sets out the principle of equal pay for equal work between men and women, and Article 48 establishes equality between spouses in marriage.
Domestic violence
Domestic violence continues to be a serious problem within all levels of Romanian society. Romania’s criminal code imposes stronger sanctions, including longer jail sentences, for violent offenses committed against family members than for similar offenses which are committed against non-family members; unfortunately, however, Romania courts have prosecuted relatively few cases of domestic abuse, as many such cases are resolved before or during trial as a result of the victim’s reconciliation with the abuser and/or the victim’s desire not to press charges.
In 2012, 1,857 persons reported being victims of domestic violence, and of those, only 440 went to trial for this offense.
Articles 185 and 186 in Romania’s Criminal Code, which concern assault and violence against others, provide for harsher punishment in circumstances where such violence is directed towards a family member.
In May 2003, Romania adopted Law 217/2003, which targeted the prevention and the punishment of domestic violence. This legislation established the National Agency for Family Protection (“NAFP”) within the Ministry of Labour, Family and Equal Opportunities, provided standards for counseling offices and shelters for victims, and defined domestic violence as “any physical or verbal action deliberately perpetrated by a family member against another member of the same family, resulting in physical, psychological, sexual suffering or material loss.” Domestic violence also includes encroachments on women's fundamental rights and freedom.
Law 217/2003 further addresses the role of social workers, prevention measures, mediation, shelters, protection measures and sanctions. The NAFP is charged with implementing protective strategies, training, funding, educating, creating shelters and hotlines, collecting data and setting up rehabilitation centers for both victims and perpetrators. Law 211/2004, which was adopted in 2004, expands upon Law 217/2003 and affords victims the right to free psychological counseling and legal support, as well as financial compensation from the Government. Despite the adoption of these laws, however, effective implementation remains a challenge within Romania’s social, economic and political environment.
In March 2012, Romania adopted Law 25/2012, amending Law 217/2003. The new legislation (a) amended the definition of domestic violence to include verbal, psychological, physical, sexual or spiritual violence, (b) allowed victims to request a court order of protection and a restraining order against the abuser, and (c) provided that the victim is entitled to respect to personality, privacy, dignity, special protection, counseling, rehabilitation, reintegration, free medical care, and legal aid. Perhaps the most significant of these provisions is the provision allowing a victim to seek an order of protection and restraining order, which can be used to prohibit an abuser from remaining or returning to the family home (even if it is his property) or contacting the victim, require the abuser to keep a minimal distance from the property, and force the abuser to bear some costs, such as medical and court expenses.
Law 25/2012 also provides for some penalties to the abuser, including psychological testing, psychological counseling, detoxification programs and fines.
At the end of 2012, there existed 59 government and privately run shelters providing free accommodation, food, assistance and counseling services, as well as 23 other facilities which provided only support and counseling services. Unfortunately, according to the 2012 Country Report on Human Rights Practices in Romania, these service centers were insufficient in number and too unevenly distributed to adequately address the widespread nature of domestic violence within Romania as a whole.
Romania, through its Directorate for Child Protection (DPC), in partnership with NGOs, continues its attempt to curb domestic violence by implementing programs aimed at prevention and providing better conditions and support services to victims of domestic violence. Recently, Romania has launched a national initiative in order to combat violence against women and raise public awareness of the issue. This effort involves the action of radio and TV stations, NGOs, the Territorial Authority of Public Order from the county level, the County Council, the Labor and Social Protection Directorate, the General Directorate of Social Assistance and Child Protection, and the County School Inspectorate. Further, during 2011-2012, Romania created the specialized web site www.politiaromana.ro/prevenire, which represents a new source of information and preventive recommendation that is easily accessed by all citizens.
In 2012, 1,857 persons reported being victims of domestic violence, and of those, only 440 went to trial for this offense.
Articles 185 and 186 in Romania’s Criminal Code, which concern assault and violence against others, provide for harsher punishment in circumstances where such violence is directed towards a family member.
In May 2003, Romania adopted Law 217/2003, which targeted the prevention and the punishment of domestic violence. This legislation established the National Agency for Family Protection (“NAFP”) within the Ministry of Labour, Family and Equal Opportunities, provided standards for counseling offices and shelters for victims, and defined domestic violence as “any physical or verbal action deliberately perpetrated by a family member against another member of the same family, resulting in physical, psychological, sexual suffering or material loss.” Domestic violence also includes encroachments on women's fundamental rights and freedom.
Law 217/2003 further addresses the role of social workers, prevention measures, mediation, shelters, protection measures and sanctions. The NAFP is charged with implementing protective strategies, training, funding, educating, creating shelters and hotlines, collecting data and setting up rehabilitation centers for both victims and perpetrators. Law 211/2004, which was adopted in 2004, expands upon Law 217/2003 and affords victims the right to free psychological counseling and legal support, as well as financial compensation from the Government. Despite the adoption of these laws, however, effective implementation remains a challenge within Romania’s social, economic and political environment.
In March 2012, Romania adopted Law 25/2012, amending Law 217/2003. The new legislation (a) amended the definition of domestic violence to include verbal, psychological, physical, sexual or spiritual violence, (b) allowed victims to request a court order of protection and a restraining order against the abuser, and (c) provided that the victim is entitled to respect to personality, privacy, dignity, special protection, counseling, rehabilitation, reintegration, free medical care, and legal aid. Perhaps the most significant of these provisions is the provision allowing a victim to seek an order of protection and restraining order, which can be used to prohibit an abuser from remaining or returning to the family home (even if it is his property) or contacting the victim, require the abuser to keep a minimal distance from the property, and force the abuser to bear some costs, such as medical and court expenses.
Law 25/2012 also provides for some penalties to the abuser, including psychological testing, psychological counseling, detoxification programs and fines.
At the end of 2012, there existed 59 government and privately run shelters providing free accommodation, food, assistance and counseling services, as well as 23 other facilities which provided only support and counseling services. Unfortunately, according to the 2012 Country Report on Human Rights Practices in Romania, these service centers were insufficient in number and too unevenly distributed to adequately address the widespread nature of domestic violence within Romania as a whole.
Romania, through its Directorate for Child Protection (DPC), in partnership with NGOs, continues its attempt to curb domestic violence by implementing programs aimed at prevention and providing better conditions and support services to victims of domestic violence. Recently, Romania has launched a national initiative in order to combat violence against women and raise public awareness of the issue. This effort involves the action of radio and TV stations, NGOs, the Territorial Authority of Public Order from the county level, the County Council, the Labor and Social Protection Directorate, the General Directorate of Social Assistance and Child Protection, and the County School Inspectorate. Further, during 2011-2012, Romania created the specialized web site www.politiaromana.ro/prevenire, which represents a new source of information and preventive recommendation that is easily accessed by all citizens.
The 'Making the Link' Study currently being conducted in Romania, has provided initial interim results suggesting significant domestic violence and sexual abuse in the homes of children aged less than 16. A significant number of psychometric measures had ALL items scored on the lowest value. It is believed that the sensitivity of the domain of investigation may have resulted in a reluctance for some children to declare such abuse within their homes. If significant numbers of children withheld such identification, the percentages of each of the items represented in the charts below, could be higher.
UNICEF has identified similar levels of abuse and aggression in schools. Many parents in Romania employ corporal punishment. Violence in schools, by both teachers and other children, is high by world standards, and schools are also the scene of sexual abuse and drugs (UNICEF).
In the 2010 Eurobarometer poll on violence against women [3],
- 39% of Romanian respondents said that they thought domestic violence in their country was "very common",
- 45% "fairly common",
- 8% "not very common",
- 0% "not at all common",
- and 8% did not know/did not answer.
Victim blaming attitudes are common in Romania. In a 2013 Romanian survey, 30.9% of respondents agreed with the assertion that "women are sometimes beaten due to their own fault". In the Eurobarometer survey, 58% of Romanians agreed that the "provocative behaviour of women" was a cause of violence against women.[4]
How Romania fails its battered women
written by ELENA LOMORĂ for THE BLACK SEA
Eight reasons why Romanian society neglects its victims of domestic violence
Q: What does a Romanian woman do with a blank piece of paper?
A: She reads her rights.
This joke encapsulates the country’s attitude towards women and domestic abuse. Romanian society is aware of the damages that women suffer, but refuses to take such pain seriously.
“Regarding domestic violence in Romania, we’re stuck in the middle ages,” says Valentina Rujoiu a professor in the University of Bucharest’s Faculty of Sociology and Social Assistance.
Here we detail the reasons why Romania fails its battered women
“Men know best”
Women in abusive relationships face criticism from a patriarchal mentality which often elevates woman’s duty as a wife and partner over her personal safety.
Many Romanian women are raised on the idea that a married woman must please her husband and do anything that he expects of her.
That is why marital rape is seen - by most women I spoke to - as not part of physical abuse and not a crime in itself.
Many women are expected to stay with their husbands rather than risk the stigma of separation.
According to Rujoiu, the myth persists that “the divorced woman is guilty for not being able to keep her man at home.”
Eleonora, an abused woman who won a divorce after 20 years in an abusive marriage, argues that after her separation, there was the supposition that she was available for every man.
She - a breast cancer survivor in her 50s - still experiences such an attitude from her male neighbors, who constantly proposition her in the street.
Women also do not control the reins of the state. The Romanian Parliament is only 11.5 per cent women. But for those who do succeed, they often adopt the attitudes of their male colleagues.
Mihaela, a victim of domestic violence who recently won a restraining order against her abusive husband, tells me that the judge in her case - a woman - gave her a divorce against her partner’s wishes.
In her final judgement she stated by that Mihaela “had not been a victim of domestic violence” and argued - using a contemptuous tone - that she only managed to win the divorce because “the complainant used favorable legislation”.
Meanwhile Romanian society is changing. Especially in the service industry, women are ascending the career ladder faster than men - and many are the breadwinners in their family.
Nevertheless the stigma is still prevalent that men should be in charge of family finances, even if they are unemployed.
One abused woman married to a jobless man told me that his attitude was always: “His money was his money, my money was our money”.
By controlling family incomes, men can blackmail women into remaining in abusive relationships.
“Silence is expected”
In Romanian households, there is still the concept that what happens in the house stays in the house.
According to a poll by INSCOP for Romanian newspaper ‘Adevarul’ 50 per cent of people believe domestic violence is a private matter.
In the same poll, 30 per cent of Romanians believe women are sometimes beaten up because "they deserve it".
“To be beaten is shameful”
One of the obstacles to women seeking help in an abusive relationship is the fear of judgement by the woman’s friends, relatives, neighbors and colleagues.
“Sometimes the women victims are judged by their families, but mostly by society,” says Valentina Rujoiu.
This is a problem of changing the mentality of the authorities.
“Everyone judges women victims,” says Mihaela Mangu, director at ANAIS Association, a Bucharest based NGO that offers free legal counseling to victims of domestic violence.
“Automatically, when a woman tells you that she was beaten by her husband for 30 years, but she has five children with him, you think, well why did you stay for so long?”
In the countryside women are many times surrounded by the shame of what the neighbors will say when she files a complaint against her own husband.
“In the rural areas, it depends on whether the community accepts such practices,” says Simona Burduja, psychotherapist at the Sensiblu Foundation, which provides counseling and a shelter for victims.
“A woman doesn’t know that she’s in an abusive situation because if the lady next door experiences the same thing – and says nothing – it means this is normal.”
“I didn’t know it was abuse”
Madalina lives in a small town in Transylvania and has been in an abusive relationship for 16 years.
Her husband attacked her, threatened to take her children away from her and stopped her from moving around town alone.
Only when randomly searching on the Internet did she begin to realize that these were the symptoms of domestic violence - and that she had the right to defend herself.
Women have little access to information about their rights, including recognizing the signs of domestic violence and having the tools to escape from an abusive relationship.
“Many women do not know what domestic violence is,” says Mihaela Mangu. “Many people associate domestic violence only with physical abuse.”
Legally, women have rights. Since 2012 abuse means physical, psychological, verbal, spiritual, economic and sexual - but this change is not well-known.
Also few women are aware that marital rape is a crime.
“Authorities do not care”
“I have two kids and I live with my husband. He came home one time and hit me. I screamed for help, hoping that some of my neighbors would come to help me. But no one came.
"He struck me against the floor and whenever I was trying to get up he would strike me again.
"I went to the police station. I asked the policemen to let my husband know that I have rights.
"The policemen asked me: ‘Do you want me to give him a fine?’
"I said: ‘What does it help me with if you fine him with 150 Euro? That’s the money for my children. I want you to make him aware that I have rights.’
"The police told me that if I can’t stay in a relationship anymore, I should get a divorce and not ‘argue like a gypsy’ at the police station.”
In 14 of Romania’s 41 counties there are no specialized services for victims of domestic violence. A large number of police officers are not trained in how to communicate with an abuse victim.
They cannot recognize the signs of post-traumatic stress disorder or Stockholm Syndrome - the situation where abused women sympathize, defend and remain with their abuser.
There are also few mixed teams of male and female police officers to tackle the problem.
“We don’t have an extended network of specialists in domestic violence, and the police are not prepared to deal with this,” says Rujoiu.
“Care does not exist for all”
Abuse victim Ioana lives in a large town in north Romania. She contacted me desperate for help.
I searched to find her free psychological counseling in her county.
I called the local social services. From the central office, I was directed to a department that purportedly covered domestic violence or abused women.
The woman who answered the phone did not introduce herself. She asked me "What do you want?".
I said I know a woman who is in an abusive relationship with her husband and that she needs free psychological counseling.
She told me: “Well - if the lady is abused by her husband, then why is she still staying with him?”
She said the Social Assistance department only offers counseling to women in their care.
“If the lady does not want to leave her husband, there is nothing we can do.”
Many social workers do their best to help abused women, but Valentina Rujoiu considers that the country lacks specialists regarding domestic violence and that this is an under-financed domain which needs training.
Due to a lack of consistent social care, NGOs and religious groups often step in to help women victims, but they cannot offer national coverage and lack oversight of their activities.
Outside of Bucharest and Romania’s bigger cities, the options for help for abused women are limited.
“No one to call for help”
If a woman in Romania believes she is a victim of domestic violence, she may want to talk to someone about her situation.
But there is no emergency number.
Recently I put up my phone number in the comments section of an article about domestic violence asking if any victims of domestic violence would like to contact me to tell me their story.
I received a call from Ioana, a woman who has been in an abusive relationship for about 20 years. She said she was about to slit her wrists. She thought I was from an emergency hotline.
I said I wasn’t equipped to help her, but we talked for a couple of hours. She wondered if there was a number she could call.
I asked around, but could not find one. The only one I found was in the Romanian-speaking Republic of Moldova.
It seems if Romanian women are on the verge of suicide following years of abuse from their husbands, their only chance of help is to dial up another country.
“The right laws are not working”
Although the legislation has become more supportive towards abused women in the last decade, the forces of law and order are still unprepared to manage cases of domestic violence with consistency.
In Romania the restraining order was first introduced in 2012, following a case where a husband shot dead his wife at her workplace, after she had filed complaints to the police.
Courts in Romania issue around one order a day.
Though a useful instrument, sometimes the restraining order does not work properly.
For instance, Mihaela, an abused woman, applied to a court and won a restraining order against her husband. But the moment it expired, he started threatening her over the phone.
She asked for a second restraining order and the court told her that she can only use the order to prevent physical abuse. The former husband who still sends her threatening texts is now applying for custody of the children.
According to experts, it is unclear what sanctions exist for aggressors who violate the order.
Moreover, Andreea Braga from Centrul Filia, an organization promoting gender studies, tells me: “for an application for an order to be succesful, a woman needs to make a formal complaint to the police, a forensics certificate and at least two witnesses, who are not her relatives.”
These are major obstacles as abuse usually happens at home. In the case of Madalina, the only witnesses were her children and, when she shouted for help, none of her neighbors intervened.
Meanwhile the modus operandi of Mihaela’s husband was to grab his wife by the hair and strike her against the floor, leaving no marks. A forensics expert told her that she needs bruises, blood or cuts for a certificate to prove abuse.
Restraining orders should be an emergency instrument - but they take time to obtain.
Andreea Braga states that - on average - a woman has to wait 33 days.
For most women, this is 33 days too long. [8]
Q: What does a Romanian woman do with a blank piece of paper?
A: She reads her rights.
This joke encapsulates the country’s attitude towards women and domestic abuse. Romanian society is aware of the damages that women suffer, but refuses to take such pain seriously.
“Regarding domestic violence in Romania, we’re stuck in the middle ages,” says Valentina Rujoiu a professor in the University of Bucharest’s Faculty of Sociology and Social Assistance.
Here we detail the reasons why Romania fails its battered women
“Men know best”
Women in abusive relationships face criticism from a patriarchal mentality which often elevates woman’s duty as a wife and partner over her personal safety.
Many Romanian women are raised on the idea that a married woman must please her husband and do anything that he expects of her.
That is why marital rape is seen - by most women I spoke to - as not part of physical abuse and not a crime in itself.
Many women are expected to stay with their husbands rather than risk the stigma of separation.
According to Rujoiu, the myth persists that “the divorced woman is guilty for not being able to keep her man at home.”
Eleonora, an abused woman who won a divorce after 20 years in an abusive marriage, argues that after her separation, there was the supposition that she was available for every man.
She - a breast cancer survivor in her 50s - still experiences such an attitude from her male neighbors, who constantly proposition her in the street.
Women also do not control the reins of the state. The Romanian Parliament is only 11.5 per cent women. But for those who do succeed, they often adopt the attitudes of their male colleagues.
Mihaela, a victim of domestic violence who recently won a restraining order against her abusive husband, tells me that the judge in her case - a woman - gave her a divorce against her partner’s wishes.
In her final judgement she stated by that Mihaela “had not been a victim of domestic violence” and argued - using a contemptuous tone - that she only managed to win the divorce because “the complainant used favorable legislation”.
Meanwhile Romanian society is changing. Especially in the service industry, women are ascending the career ladder faster than men - and many are the breadwinners in their family.
Nevertheless the stigma is still prevalent that men should be in charge of family finances, even if they are unemployed.
One abused woman married to a jobless man told me that his attitude was always: “His money was his money, my money was our money”.
By controlling family incomes, men can blackmail women into remaining in abusive relationships.
“Silence is expected”
In Romanian households, there is still the concept that what happens in the house stays in the house.
According to a poll by INSCOP for Romanian newspaper ‘Adevarul’ 50 per cent of people believe domestic violence is a private matter.
In the same poll, 30 per cent of Romanians believe women are sometimes beaten up because "they deserve it".
“To be beaten is shameful”
One of the obstacles to women seeking help in an abusive relationship is the fear of judgement by the woman’s friends, relatives, neighbors and colleagues.
“Sometimes the women victims are judged by their families, but mostly by society,” says Valentina Rujoiu.
This is a problem of changing the mentality of the authorities.
“Everyone judges women victims,” says Mihaela Mangu, director at ANAIS Association, a Bucharest based NGO that offers free legal counseling to victims of domestic violence.
“Automatically, when a woman tells you that she was beaten by her husband for 30 years, but she has five children with him, you think, well why did you stay for so long?”
In the countryside women are many times surrounded by the shame of what the neighbors will say when she files a complaint against her own husband.
“In the rural areas, it depends on whether the community accepts such practices,” says Simona Burduja, psychotherapist at the Sensiblu Foundation, which provides counseling and a shelter for victims.
“A woman doesn’t know that she’s in an abusive situation because if the lady next door experiences the same thing – and says nothing – it means this is normal.”
“I didn’t know it was abuse”
Madalina lives in a small town in Transylvania and has been in an abusive relationship for 16 years.
Her husband attacked her, threatened to take her children away from her and stopped her from moving around town alone.
Only when randomly searching on the Internet did she begin to realize that these were the symptoms of domestic violence - and that she had the right to defend herself.
Women have little access to information about their rights, including recognizing the signs of domestic violence and having the tools to escape from an abusive relationship.
“Many women do not know what domestic violence is,” says Mihaela Mangu. “Many people associate domestic violence only with physical abuse.”
Legally, women have rights. Since 2012 abuse means physical, psychological, verbal, spiritual, economic and sexual - but this change is not well-known.
Also few women are aware that marital rape is a crime.
“Authorities do not care”
“I have two kids and I live with my husband. He came home one time and hit me. I screamed for help, hoping that some of my neighbors would come to help me. But no one came.
"He struck me against the floor and whenever I was trying to get up he would strike me again.
"I went to the police station. I asked the policemen to let my husband know that I have rights.
"The policemen asked me: ‘Do you want me to give him a fine?’
"I said: ‘What does it help me with if you fine him with 150 Euro? That’s the money for my children. I want you to make him aware that I have rights.’
"The police told me that if I can’t stay in a relationship anymore, I should get a divorce and not ‘argue like a gypsy’ at the police station.”
In 14 of Romania’s 41 counties there are no specialized services for victims of domestic violence. A large number of police officers are not trained in how to communicate with an abuse victim.
They cannot recognize the signs of post-traumatic stress disorder or Stockholm Syndrome - the situation where abused women sympathize, defend and remain with their abuser.
There are also few mixed teams of male and female police officers to tackle the problem.
“We don’t have an extended network of specialists in domestic violence, and the police are not prepared to deal with this,” says Rujoiu.
“Care does not exist for all”
Abuse victim Ioana lives in a large town in north Romania. She contacted me desperate for help.
I searched to find her free psychological counseling in her county.
I called the local social services. From the central office, I was directed to a department that purportedly covered domestic violence or abused women.
The woman who answered the phone did not introduce herself. She asked me "What do you want?".
I said I know a woman who is in an abusive relationship with her husband and that she needs free psychological counseling.
She told me: “Well - if the lady is abused by her husband, then why is she still staying with him?”
She said the Social Assistance department only offers counseling to women in their care.
“If the lady does not want to leave her husband, there is nothing we can do.”
Many social workers do their best to help abused women, but Valentina Rujoiu considers that the country lacks specialists regarding domestic violence and that this is an under-financed domain which needs training.
Due to a lack of consistent social care, NGOs and religious groups often step in to help women victims, but they cannot offer national coverage and lack oversight of their activities.
Outside of Bucharest and Romania’s bigger cities, the options for help for abused women are limited.
“No one to call for help”
If a woman in Romania believes she is a victim of domestic violence, she may want to talk to someone about her situation.
But there is no emergency number.
Recently I put up my phone number in the comments section of an article about domestic violence asking if any victims of domestic violence would like to contact me to tell me their story.
I received a call from Ioana, a woman who has been in an abusive relationship for about 20 years. She said she was about to slit her wrists. She thought I was from an emergency hotline.
I said I wasn’t equipped to help her, but we talked for a couple of hours. She wondered if there was a number she could call.
I asked around, but could not find one. The only one I found was in the Romanian-speaking Republic of Moldova.
It seems if Romanian women are on the verge of suicide following years of abuse from their husbands, their only chance of help is to dial up another country.
“The right laws are not working”
Although the legislation has become more supportive towards abused women in the last decade, the forces of law and order are still unprepared to manage cases of domestic violence with consistency.
In Romania the restraining order was first introduced in 2012, following a case where a husband shot dead his wife at her workplace, after she had filed complaints to the police.
Courts in Romania issue around one order a day.
Though a useful instrument, sometimes the restraining order does not work properly.
For instance, Mihaela, an abused woman, applied to a court and won a restraining order against her husband. But the moment it expired, he started threatening her over the phone.
She asked for a second restraining order and the court told her that she can only use the order to prevent physical abuse. The former husband who still sends her threatening texts is now applying for custody of the children.
According to experts, it is unclear what sanctions exist for aggressors who violate the order.
Moreover, Andreea Braga from Centrul Filia, an organization promoting gender studies, tells me: “for an application for an order to be succesful, a woman needs to make a formal complaint to the police, a forensics certificate and at least two witnesses, who are not her relatives.”
These are major obstacles as abuse usually happens at home. In the case of Madalina, the only witnesses were her children and, when she shouted for help, none of her neighbors intervened.
Meanwhile the modus operandi of Mihaela’s husband was to grab his wife by the hair and strike her against the floor, leaving no marks. A forensics expert told her that she needs bruises, blood or cuts for a certificate to prove abuse.
Restraining orders should be an emergency instrument - but they take time to obtain.
Andreea Braga states that - on average - a woman has to wait 33 days.
For most women, this is 33 days too long. [8]
Marital rape
Even though marital rape has been declared as a crime via Law 197/2000 which modified Article 175, paragraph 1, lit. C of the Penal Code, more time is needed for the acceptance that the institution of marriage is not a castle in which the husband has immunity, states a report titled 'National Analysis, Romania, by Albu Laura.
And further: According to the new regulations, Article 217, paragraph 1 makes the distinction that rape as previously defined is punished with a term of imprisonment of between 3 and 10 years and the removal rights. Paragraph 2 adds: "Punishment is severe detention from 15 to 20 years and the removal of certain rights if the victim is a family member such as a husband of a close relative." These provisions related to family members are not included in the new Penal Code, Article 218, but only with reference to people who are directly related and siblings. The Penal Code does not refer to rape within relationships.
The length of the prison term for a rape conviction depends on the gravity of the circumstances, and the age, physical and psychological state of the victim.
A major problem remaining is how to prove the rape. Shortcomings in the system combined with the victims' feelings of shame, guilt and fear inevitably lead to a low number of cases, with women preferring to hide the fact that they have been raped, the report further reads.
And further: According to the new regulations, Article 217, paragraph 1 makes the distinction that rape as previously defined is punished with a term of imprisonment of between 3 and 10 years and the removal rights. Paragraph 2 adds: "Punishment is severe detention from 15 to 20 years and the removal of certain rights if the victim is a family member such as a husband of a close relative." These provisions related to family members are not included in the new Penal Code, Article 218, but only with reference to people who are directly related and siblings. The Penal Code does not refer to rape within relationships.
The length of the prison term for a rape conviction depends on the gravity of the circumstances, and the age, physical and psychological state of the victim.
A major problem remaining is how to prove the rape. Shortcomings in the system combined with the victims' feelings of shame, guilt and fear inevitably lead to a low number of cases, with women preferring to hide the fact that they have been raped, the report further reads.
Marital rape – the secret atrocity of Romanian domestic abuse
written by ELENA LOMORĂ for THE BLACK SEA
It happens all the time - but women will not talk about it.
Cluj-born mother and cancer survivor Eleonora suffered decades of physical abuse from her husband. After visiting doctors and gaining evidence of abuse she eventually managed to get a divorce.
However her former husband refused to leave the house owned by Eleonora's parents. This meant they stayed living together - and he insisted on sleeping in the same bed as her.
In the same way as before the divorce, he would force her to have sex with him. His argument was that God does not accept a divorce. Therefore she was still his wife in the eyes of God - so had to submit to his will.
“If I didn’t want to have sex,” says Eleonora, “he would make a scandal and wake up the whole house - my parents, my children, no matter the hour, so I had to give in.”
On a woman’s psychological and physical well being, rape can produce one of the greatest traumas - and victims rarely report the crime.
But when rape happens inside a marriage, acknowledging the abuse becomes harder for the victim.
In Romania there are no statistics on the number of wives raped by their husbands – leading experts to question whether any man has ever been convicted for marital rape.
This is a form of domestic violence, but experts argue that few women know that sex without consent with their husband is punishable by law.
One reason women do not report marital rape, as opposed to other forms of physical violence, is that the crime involves a deeper level of emotional and sexual abuse.
There is also the belief that through marriage, Romanian women make a vow of submission to their husbands in every respect.
This differs depending on the couples’ education or social background, but the country’s patriarchal culture transmits to a staggering majority of women the message that they must comply with the man.
When women ask for help to the police, to social workers or NGOs, because they have been physically abused, they have to fill in a form detailing the types of abuse they have experienced. Rarely is marital rape mentioned by the women at this stage.
Experts argue that this happens because rape is considered either a taboo subject or is seen as such a common occurrence in the marriage that women do not believe it constitutes a form of abuse.
During counseling with a therapist, it takes a few sessions and a bond to form between the victim and therapist, before the victim can even implicitly speak about marital rape.
It is also hard to find evidence for marital rape.
Many women consider the forced sexual act is a shame and only see a doctor or a specialist after they have washed and cleaned themselves.
Women also submit in order not to suffer injuries. In the absence of lesions that might indicate violence or residue that could determine ejaculation, proving such a crime is near-impossible.
Due to the communist regime, Romania skipped over the period in west Europe, when activists and feminist organizations brought issues of abuse to the public attention.
Instead a top-down system worked, where the state emancipated women in the workplace, but at home women retained the same roles, often in submission to the husband.
Nevertheless at work, it was not a egalitarian utopia. There were many instances of sexual harassment which the bosses covered up.
Since 1989, many Romanian women stated they did not need feminism, because they could succeed alone or because it was seen as something that took women out of their natural space - the family - and robbed them of their femininity.
Now, to deal with women’s issues all of Romania needs to understand and admit what they are - women’s issues.
Other members of the family suffer the effects of violence, but it is a woman who is abused every 30 seconds in Romania.
To allow women to speak up about the abuses, the country should stop whispering about both domestic abuse and sex, so that women feel empowered to speak up about victimization.
Unless people open up about these issues, domestic violence stays the dirty family secret and marital rape the secret within that secret. [7]
Family planning
Ceaușescu promoted gender equality, but also desired to increase the nation's population. In his rhetoric, he stressed the "distinguished role and noble mission" found in child-rearing, and promised state-sponsored assistance in the form of childcare centers, accessible medical care, maternity leave, and work protection so that women could have multiple children and remain in the workforce. Unfortunately, the government was unable to provide much of this assistance, leaving many families in difficult situations.
To enforce the decree, society was strictly controlled. Motherhood was described as "the meaning of women's lives" and praised in sex education courses and women's magazines, and various written materials were distributed detailing information on prenatal and child care, the benefits of children, ways to ensure marital harmony, and the consequences of abortion. Contraceptives disappeared from the shelves and were soon only available to educated urban women with access to the black market, many of them with Hungarian roots. In 1986, any woman working for or attending a state institution was forced to undergo at least annual gynecological exams to ensure a satisfying level of reproductive health as well as detect pregnancy, which were followed until birth. Women with histories of abortion were watched particularly carefully.
Medical practitioners were also expected to follow stringent policies and were held partially responsible for the national birthrate. If they were caught breaking any aspect of the abortion law, they were to be incarcerated, though some prosecutors were paid off in exchange for a lesser sentence. Each administrative region had a Disciplinary Board for Health Personnel, which disciplined all law-breaking health practitioners and on occasion had show trials to make examples of people. Sometimes, however, punishments were lessened for cooperation. Despite the professional risks involved, many doctors helped women determined to have abortions, recognizing that if they did not, she would turn to a more dangerous, life-threatening route. This was done by falsely diagnosing them with an illness that qualified them for an abortion, such as diabetes or hepatitis, or prescribing them drugs that were known to counter-induce pregnancy, such as chemotherapy or antimalarial drugs. When a physician did not want to help or could not be bribed to perform an abortion, however, women went to less experienced abortionists or used old remedies.
From 1979 to 1988, the number of abortions increased, save for a decline in 1984-1985. Despite this, many unwanted children were born, as their parents could scarcely afford to care for the children they already had, and were subsequently abandoned in hospitals or orphanages. Some of these children were purposely given AIDS-infected transfusions in orphanages; others were trafficked internationally through adoption. Those born in this period, especially between 1966 and 1972, are nicknamed the decreţei (singular decreţel), a word with a negative nuance due to the perceived mental and physical damage due to the risky pregnancies and failed illegal abortions. Over 9,000 women died between 1965 and 1989 due to complications arising from illegal abortions.
This policy was reversed in 1990, after the Romanian Revolution, and, since that time, abortion has been legal for elective procedures performed during the first 14 weeks of pregnancy. Abortions during later stages of pregnancy are legal only for medical reasons
In April 2012, Sulfina Barbu, a MP of the Democratic Liberal Party proposed a new legislative project that is currently subject to debate in the Parliament of Romania.
The new law would require women wanting to undergo an abortion to attend psychological counseling sessions. The sessions will involve showing women the procedure of abortion (most likely by videos). The woman will also have to "reflect" for a five-day interval before the procedure takes place.
The project has stirred debates in Romania. Various groups of supporters believe this measure is going to solve the demographic downfall of Romania. Furthermore, psychologists believe that women do need counseling, and that the measure is well-intended.
However, a group of gynecologists have stated that this measure will not decrease the number of abortions, but it will only add more bureaucracy to the process. The Romanian Secular-Humanist Society has referred this law project as being "terrifying", and that it is based on the same grounds as the one the Communists issued in 1966.
Due to the highly mixed opinions, the National Institute for Public Policies has launched a national questionnaire regarding this law proposal.[5]
To enforce the decree, society was strictly controlled. Motherhood was described as "the meaning of women's lives" and praised in sex education courses and women's magazines, and various written materials were distributed detailing information on prenatal and child care, the benefits of children, ways to ensure marital harmony, and the consequences of abortion. Contraceptives disappeared from the shelves and were soon only available to educated urban women with access to the black market, many of them with Hungarian roots. In 1986, any woman working for or attending a state institution was forced to undergo at least annual gynecological exams to ensure a satisfying level of reproductive health as well as detect pregnancy, which were followed until birth. Women with histories of abortion were watched particularly carefully.
Medical practitioners were also expected to follow stringent policies and were held partially responsible for the national birthrate. If they were caught breaking any aspect of the abortion law, they were to be incarcerated, though some prosecutors were paid off in exchange for a lesser sentence. Each administrative region had a Disciplinary Board for Health Personnel, which disciplined all law-breaking health practitioners and on occasion had show trials to make examples of people. Sometimes, however, punishments were lessened for cooperation. Despite the professional risks involved, many doctors helped women determined to have abortions, recognizing that if they did not, she would turn to a more dangerous, life-threatening route. This was done by falsely diagnosing them with an illness that qualified them for an abortion, such as diabetes or hepatitis, or prescribing them drugs that were known to counter-induce pregnancy, such as chemotherapy or antimalarial drugs. When a physician did not want to help or could not be bribed to perform an abortion, however, women went to less experienced abortionists or used old remedies.
From 1979 to 1988, the number of abortions increased, save for a decline in 1984-1985. Despite this, many unwanted children were born, as their parents could scarcely afford to care for the children they already had, and were subsequently abandoned in hospitals or orphanages. Some of these children were purposely given AIDS-infected transfusions in orphanages; others were trafficked internationally through adoption. Those born in this period, especially between 1966 and 1972, are nicknamed the decreţei (singular decreţel), a word with a negative nuance due to the perceived mental and physical damage due to the risky pregnancies and failed illegal abortions. Over 9,000 women died between 1965 and 1989 due to complications arising from illegal abortions.
This policy was reversed in 1990, after the Romanian Revolution, and, since that time, abortion has been legal for elective procedures performed during the first 14 weeks of pregnancy. Abortions during later stages of pregnancy are legal only for medical reasons
In April 2012, Sulfina Barbu, a MP of the Democratic Liberal Party proposed a new legislative project that is currently subject to debate in the Parliament of Romania.
The new law would require women wanting to undergo an abortion to attend psychological counseling sessions. The sessions will involve showing women the procedure of abortion (most likely by videos). The woman will also have to "reflect" for a five-day interval before the procedure takes place.
The project has stirred debates in Romania. Various groups of supporters believe this measure is going to solve the demographic downfall of Romania. Furthermore, psychologists believe that women do need counseling, and that the measure is well-intended.
However, a group of gynecologists have stated that this measure will not decrease the number of abortions, but it will only add more bureaucracy to the process. The Romanian Secular-Humanist Society has referred this law project as being "terrifying", and that it is based on the same grounds as the one the Communists issued in 1966.
Due to the highly mixed opinions, the National Institute for Public Policies has launched a national questionnaire regarding this law proposal.[5]
Pregnancy
Health and nutrition starts from before conception. In Romania, many rural women have little access to pre-natal care or family planning advice. Sometimes this is because they are unaware they are entitled to free check-ups; sometimes it is for logistical reasons, for example they live far away from the doctor’s general practice facility or cannot reach it due to snowy or muddy conditions. For many, the first time they see a doctor is when they give birth. A study from 2009 found that around 5% of women give birth without a single prenatal visit. This means that every year 10,000 pregnancies are not medically attended.
The lack of an outreach programme means that the most vulnerable women often fall through the gaps in the system. This is exacerbated by a shortage of community nurses and Roma health mediators, and the tendency of GPs working in rural areas to seek better working conditions in the city or abroad, with an estimated 12,000 Romanian medics having left. According to WHO data, in 2009 Romania had the lowest number of physicians per 100,000 inhabitants in the EU and the second lowest number of nurses per 100,000 people, after Greece. A study in 2007 by the CoPh (a formal interest group for physicians) found that 54% of physicians would like to work abroad, with the main reasons being poor working conditions and low wages. Doctors are partially paid on a per capita, rather than per service, basis, which means that once a woman is registered, there is no incentive to make sure she turns up for check-ups and treatment. However, the patient has the incentive of low-cost or even free prescriptions.
Romania’s breastfeeding rate is almost three times lower that in the EU, with only 12.6% of babies exclusively receiving breast milk at six months old. This deprives both mother and child of the numerous health and psychological benefits that nursing confers, from increased protection against disease for both parties to greater bonding that reduces the likelihood of abandonment. [6]
The lack of an outreach programme means that the most vulnerable women often fall through the gaps in the system. This is exacerbated by a shortage of community nurses and Roma health mediators, and the tendency of GPs working in rural areas to seek better working conditions in the city or abroad, with an estimated 12,000 Romanian medics having left. According to WHO data, in 2009 Romania had the lowest number of physicians per 100,000 inhabitants in the EU and the second lowest number of nurses per 100,000 people, after Greece. A study in 2007 by the CoPh (a formal interest group for physicians) found that 54% of physicians would like to work abroad, with the main reasons being poor working conditions and low wages. Doctors are partially paid on a per capita, rather than per service, basis, which means that once a woman is registered, there is no incentive to make sure she turns up for check-ups and treatment. However, the patient has the incentive of low-cost or even free prescriptions.
Romania’s breastfeeding rate is almost three times lower that in the EU, with only 12.6% of babies exclusively receiving breast milk at six months old. This deprives both mother and child of the numerous health and psychological benefits that nursing confers, from increased protection against disease for both parties to greater bonding that reduces the likelihood of abandonment. [6]
Abortion
Although contraception is accessible and inexpensive, the abortion rate remains high, with 52.7 reported abortions for every 100 live births. Still, this rate is 7 times lower than the past two decades. [11]
Prostitution and human trafficking
The legality of prostitution in Europe varies by country. Some countries outlaw the act of engaging in sexual activity in exchange for money, while others allow prostitution itself but not most forms of procuring (such as operating brothels, facilitating the prostitution of another, deriving financial gain from the prostitution of another, soliciting/loitering).
The legal and social treatment of prostitution differs widely by country. In Sweden, Norway, and Iceland it is illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute). In Eastern Europe, the anti-prostitution laws target the prostitutes, because in these countries prostitution is condemned from a moral\conservative viewpoint.
Prostitution has been decriminalized in Romania in 2014. The government had considered legalizing and regulating it (in 2007). The Association for the Promotion of Women in Romania opposes legalized prostitution, as they view prostitution as "another form of violence against women and girls".
Romania is among the 11 countries listed by the United Nations as the biggest sources of human trafficking, based on reported numbers of victims. Every year thousands of women and girls, some as young as 13, are kidnapped or lured by promises of well-paid jobs or marriage and sold to gangs who lock them up in night clubs and brothels or force them to work on the streets. [9]
The legal and social treatment of prostitution differs widely by country. In Sweden, Norway, and Iceland it is illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute). In Eastern Europe, the anti-prostitution laws target the prostitutes, because in these countries prostitution is condemned from a moral\conservative viewpoint.
Prostitution has been decriminalized in Romania in 2014. The government had considered legalizing and regulating it (in 2007). The Association for the Promotion of Women in Romania opposes legalized prostitution, as they view prostitution as "another form of violence against women and girls".
Romania is among the 11 countries listed by the United Nations as the biggest sources of human trafficking, based on reported numbers of victims. Every year thousands of women and girls, some as young as 13, are kidnapped or lured by promises of well-paid jobs or marriage and sold to gangs who lock them up in night clubs and brothels or force them to work on the streets. [9]
According to the Trafficking in Persons Report 2010 issued by the U.S. Department of State: Romania is a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and women and children in forced prostitution.
Romanian men, women, and children are subjected to conditions of forced labor, including forced begging, in Spain, Italy, the Czech Republic, Greece, Finland, Germany, the United Kingdom, Cyprus, Australia, France, and the United States.
Women and children from Romania are victims of forced prostitution in Italy, Spain, the Netherlands, the United Kingdom, Greece, Germany, Cyprus, Austria, and France. Romanian men, women, and children are trafficked within the country for commercial sexual exploitation and forced labor, including forced begging and petty theft. In 2009, the majority of trafficking victims identified within the country were victims of forced labor. Romania is a destination country for a small number of women from Moldova, Colombia, and France who are forced into prostitution. The majority of identified Romanian victims are victims of forced labor, including forced begging.
Romanian men, women, and children are subjected to conditions of forced labor, including forced begging, in Spain, Italy, the Czech Republic, Greece, Finland, Germany, the United Kingdom, Cyprus, Australia, France, and the United States.
Women and children from Romania are victims of forced prostitution in Italy, Spain, the Netherlands, the United Kingdom, Greece, Germany, Cyprus, Austria, and France. Romanian men, women, and children are trafficked within the country for commercial sexual exploitation and forced labor, including forced begging and petty theft. In 2009, the majority of trafficking victims identified within the country were victims of forced labor. Romania is a destination country for a small number of women from Moldova, Colombia, and France who are forced into prostitution. The majority of identified Romanian victims are victims of forced labor, including forced begging.
List of References
1) http://www.stopvaw.org/romania2#_edn24
2) http://www.agerpres.ro/english/2014/03/07/more-women-than-men-in-romania-life-expectancy-longer-for-women-16-34-41
3) http://ec.europa.eu/public_opinion/archives/ebs/ebs_344_en.pdf
4) http://www.inscop.ro/august-2013violenta-in-familie-i/
5) http://en.wikipedia.org/wiki/Abortion_in_Romania
6) http://www.unicef.org/romania/children_1597.html
7) http://theblacksea.eu/index.php?idT=86&idC=100&idRec=1174&recType=story
8) http://theblacksea.eu/index.php?idT=88&idC=88&idRec=1171&recType=story
9) http://en.wikipedia.org/wiki/Prostitution_in_Europe
10) http://www.state.gov/j/tip/rls/tiprpt/2010/142761.htm
11) http://www.johnstonsarchive.net/policy/abortion/ab-romania.html
1) http://www.stopvaw.org/romania2#_edn24
2) http://www.agerpres.ro/english/2014/03/07/more-women-than-men-in-romania-life-expectancy-longer-for-women-16-34-41
3) http://ec.europa.eu/public_opinion/archives/ebs/ebs_344_en.pdf
4) http://www.inscop.ro/august-2013violenta-in-familie-i/
5) http://en.wikipedia.org/wiki/Abortion_in_Romania
6) http://www.unicef.org/romania/children_1597.html
7) http://theblacksea.eu/index.php?idT=86&idC=100&idRec=1174&recType=story
8) http://theblacksea.eu/index.php?idT=88&idC=88&idRec=1171&recType=story
9) http://en.wikipedia.org/wiki/Prostitution_in_Europe
10) http://www.state.gov/j/tip/rls/tiprpt/2010/142761.htm
11) http://www.johnstonsarchive.net/policy/abortion/ab-romania.html