Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Romania (Ratification: 1973)

The Committee notes that the Government’s report contains no information in response to a number of its previous comments. In this regard, it recalls that Governments are under the duty to provide information on the application of ratified Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. Therefore, the Committee encourages the Government to submit a more exhaustive next report which includes all the matters raised below.

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with regret the lack of information in the Government’s report regarding the status of two legislative proposals that could affect equality of opportunity between women and men in employment and occupation: (1) the draft bill amending the Education Law, which the Committee previously warned could restrict women’s access to education, training, and subsequent employment opportunities due to a provision concerning the wearing of a full-face veil; and (2) the draft law amending Law No. 7/2004 on the Code of Conduct for public officials, which is integral to ensuring a comprehensive national policy on equality of opportunity and treatment in both the private and public sectors. It notes however that the Government has adopted two new education laws aimed at improving accessibility and fostering students’ development in schools and higher education institutions. The Committee requests the Government to clarify whether these draft laws are still under consideration, and to provide information on the status of the provision concerning the wearing of a full-face veil in educational facilities.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on several actions undertaken by the National Agency for Equal Opportunities between women and men (ANES) from 2018 to 2022, including: (1) the 2018 Forum on Gender Equality in the Workplace, (2) a seminar on Women’s Economic Empowerment and Reducing Gender Discrimination in the Business Environment, and (3) several national awareness campaigns, including "We see you, we respect you, and together we act!", which highlighted the roles of working women in the front line during the COVID-19 pandemic. The Committee also notes that Government Decision No. 262/2019 allows public and private entities to appoint gender equality experts and that, by 2020, 388 experts with duties in the field of gender equality had been appointed in public entities. However, the Government does not provide information on the results of these initiatives, particularly regarding women's participation rate in the labour market and occupational gender segregation. The Committee also observes that the United Nations (UN) Working Group on discrimination against women and girls, noted: (1) the significantly lower labour force participation rate of women (45 per cent) compared to men (74.5 per cent), and the absence of special measures to address this disparity (A/HRC/47/38/ADD.1, 20 April 2021, paragraph 36); and (2) that “working women in Romania still performed a significant level of unpaid tasks, such as household work and caring for children or relatives, on a far larger scale than working men. This, together with the limited and overcrowded childcare facilities, the lack of after-school programmes for children, and lack of flexible working time, has had negative consequences on women’s participation in paid work and their earnings” (A/HRC/47/38/ADD.1 (WG Women & girls 2021), paragraph 41). It also observes that the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the underrepresentation of women in decision-making positions and the prevalence of stereotypes about the roles of men and women in society, leading to women bearing a disproportionate burden of unpaid domestic and care work, as well as the persistence of the gender employment gap and the concentration of women in traditionally female-dominated professions, in particular in rural areas (E/C.12/ROU/CO/6, 20 March 2024, paragraph 22). The Committee asks the Government: (i) to report on the impact of the various measures adopted, including through the Gender Equality Experts Network and the framework of the National Strategy for Boosting Employment 2014–20, on the increase of women’s participation in the private sector and in sectors and occupations where they are traditionally under-represented; and (ii) to provide disaggregated statistics on the employment of women and men in both the public and private sectors, if possible categorized by occupational category and job level.

Men and women workers with family responsibilities. The Committee notes with regret that the Government has not clarified whether there still exist clauses in collective agreements that stipulate that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased. The Committee asks the Government to clarify whether such discriminatory provisions persist in collective agreements and ensure that entitlements to family-related benefits are applied equally to both men and women.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. The Committee notes with regret the lack of information on progress in addressing the disparities between Roma and non-Roma persons in education and employment, and in implementing Order No. 6158 and Framework Order No. 6134 to combat school segregation. The Committee observes that: (1) the UN Working Group on discrimination against women and girls noted that the high unemployment rate among certain groups of women, especially Roma women and women living in rural areas remains a concern, as it is inextricably linked to the wider context of systemic exclusion that they face (A/HRC/47/38/ADD.1, p. 38); (2) the CESCR requested the Government (a) to strengthen its efforts to address the socioeconomic disparities and discrimination faced by Roma, in particular women and children, in access to employment, (b) to ensure the effective implementation of the National Strategy on the Inclusion of Romanian Citizens belonging to the Roma Minority for the period 2022–2027 and other policies, and (c) to ensure the collection of disaggregated data on Roma living in the country and on their access to employment, social security, housing, education and health care (E/C.12/ROU/CO/6, paragraph 19). The Committee asks the Government to provide information on: (i) the active steps taken to implement Order No. 6158 and Framework Order No. 6134, as well as any planned measures to evaluate their effectiveness in addressing school segregation of Roma pupils and promoting their participation in education and training at all levels, including through the use of school mediators; (ii) the key outcomes of the 2012–20 Strategy and the results achieved through the National Strategy on the Inclusion of Romanian Citizens belonging to the Roma Minority for the period 2022–2027; and (iii) the funding and coordinating mechanisms in place to ensure the coherence of all the measures adopted to promote equal employment opportunities for the Roma community.

Enforcement. The Committee takes note of the Government indication that, in 2022, 944 complaints of discrimination were filed with the National Council for Combating Discrimination (NCCD), of which 67 were related to employment discrimination. The Committee also takes note of Civil Decision No. 1658/2022 of the High Court of Cassation and Justice, which reaffirmed the jurisdictional authority of the NCCD. The decision clarified that individuals have the option to either directly approach the courts or utilize the NCCD's administrative-jurisdictional procedures, which serve as an additional mechanism for protection. The Committee asks the Government to provide information on any decisions concerning discrimination in employment and occupation based on the grounds of the Convention (including the reasoning or basis for these decisions as well as the sanctions imposed and remedies granted) adopted by: (i) the Judiciary; (ii) the Labour Inspectorate; and (iii) the NCCD. In this regard, it reiterates its request for information on any training activities provided to labour inspectors and judges to effectively identify and address all the forms of discrimination prohibited by the Convention. Please provide information on any ruling relevant to issues of discrimination in employment or occupation.