E/C.12/ROU/CO/3-5
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict, in November 2001;
(e)
The 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness, in January 2006;
(f)
The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law,
Recognition, Enforcement and Cooperation in Respect to Parental Responsibility and
Measures for the Protection of Children, in November 2006;
(g)
International Labour Organization Convention No. 182 (1999) concerning
the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour, in December 2000.
4.
The Committee welcomes the following legislative and policy measures taken by the
State party:
(a)
The adoption of Law 257/2013 on the Promotion and Protection of the Rights
of the Child, measures in the field of child protection, including the re-establishment, as of
April 2014, of the National Authority for the Protection of the Rights of the Child;
C.
(b)
The adoption of a new strategy for gender equality 2014–2017;
(c)
The National Strategy for Employment 2014–2020.
Principal subjects of concern and recommendations
Domestic application of the Covenant
5.
The Committee regrets the fact that, although the Covenant takes precedence over
domestic laws, the State party has not provided information on cases in which the Covenant
has been applied by domestic courts.
The Committee recommends that the State party take the appropriate steps to
increase judges’, lawyers’ and prosecutors’ familiarity with the Covenant in order to
ensure that its provisions are taken into account in domestic court decisions. It also
draws the State party’s attention to its general comment No. 9 (1998) on the domestic
application of the Covenant.
National human rights institution
6.
The Committee notes that the areas of competence of the various institutions and
bodies promoting and protecting human rights and combating discrimination, particularly
the Romanian Institute for Human Rights, the Ombudsman, and the National Council for
Combating Discrimination, overlap, which reduces their effectiveness in terms of mandate
and resources. Furthermore, the Committee is concerned that the Romanian Institute for
Human Rights does not fully comply with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles).
The Committee recommends that the State party reinforce the independence,
efficiency and effectiveness of the institutions promoting and protecting human rights
and combating discrimination in Romania, including by clarifying their competencies
and streamlining their structures, and ensuring that they benefit from adequate
human and financial resources to contribute to the implementation of economic, social
and cultural rights. The Committee also recommends that the State party adopt the
necessary measures to enable the Romanian Institute for Human Rights to fully
comply with the Paris Principles.
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