Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la protección de la maternidad, 2000 (núm. 183) - Rumania (Ratificación : 2002)

Article 2 of the Convention, in conjunction with Article 6. Benefits to employed women in atypical forms of dependent work. From the information provided by the Government in its report, the Committee notes that, as per section 1 of the Government Emergency Ordinance on Leave and Social Health Insurance Allowances, No. 158/2005, persons who earn income from carrying out an activity based on an employment contract, regardless of its type, are entitled to the social insurance maternity allowance. The Government further indicates that the social insurance maternity allowance, which is exempted from taxes and the social health insurance contribution, is calculated as 85 per cent of the previous insured earnings.

Article 4(1). Minimum qualifying period for entitlement to maternity leave. The Committee takes note of the Government’s indication that an employee who does not meet the qualifying conditions for entitlement to the social insurance maternity allowance still benefits from maternity leave at the attending physician’s recommendation.

Article 6(2)(6). Social assistance. The Committee notes the Government’s indication that benefits paid from social assistance funds do not fall under the scope of the Government Emergency Ordinance, No. 158/2005. The Committee further observes that Act No. 196 of 31 October 2016 provides persons with low means with the minimum inclusion income, covering inclusion aid and aid for families with children. The Committee, therefore, requests the Government to provide more detailed information on benefits available to women who do not qualify for social insurance cash benefits, particularly under Act No. 196 of 31 October 2016. The Committee also requests the Government to indicate whether the level of such benefits ensures that a woman can maintain herself and her child in proper conditions of health and with a suitable standard of living.

Article 6(7). Medical care. The Committee observes that, in its 2021 conclusions on compliance with Article 11(1) on the right to protection of health of the European Social Charter, the European Committee of Social Rights noted that maternal and infant mortality rates remain high in Romania. Furthermore, the United Nations Committee on Economic, Social and Cultural Rights, in its 2024 concluding observations, expressed concern about the shortages in medical healthcare personnel and high out-of-pocket spending, and recommended that the Government intensify efforts to reduce maternal and infant mortality rates by improving the standard of care provided to women throughout pregnancy and during childbirth in primary healthcare facilities (E/C.12/ROU/CO/6, paragraphs 40–41). In view of this, the Committee requests the Government to provide detailed information on the measures envisaged or taken to improve medical care services afforded to women during prenatal, childbirth and postnatal periods, and to prevent and reduce maternal and infant mortality.