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INFORMATION
03/01/2023

Protection of migrants against sexual and gender-based violence

Preventing and responding to sexual and gender-based violence is directly linked to the protection of human rights. Every individual, regardless of race, color, sex, language, religion, political orientation, national or social origin, property, social status, etc. is entitled to respect, protection, exercise of fundamental human rights and freedoms. Acts of sexual and gender-based violence restrict a range of fundamental human rights.

  • The right to physical and mental health;
  • The right to freedom from torture or inhuman or degrading treatment;
  • The right to freedom of movement, opinion, expression and association;
  • The right to enter into a marriage on the basis of free and full consent and to enjoy equal rights with one’s partner, both during marriage and at its dissolution;
  • The right to education, social security and personal development;
  •   The right to cultural, political and public participation, equal access to services, employment and equal remuneration for work.

In this regard, there are several significant international instruments addressing sexual and gender-based violence:
  • Convention on the Elimination of All Forms of Discrimination against Women – United Nations General Assembly, 1981;
  • United Nations Declaration on the Elimination of Violence against Women – United Nations General Assembly, 1993;
  • Beijing Declaration and Platform for Action, 1995;
  • Rome Statute of the International Criminal Court, 1998;
  • United Nations Security Council Resolution 1325, 2000;

Causes of sexual and gender-based violence

Understanding the causality of the occurrence of sexual and gender-based violence is a source for developing action plans to prevent it. The causes of sexual and gender-based violence are to be found in society’s attitudes and practices of gender discrimination, which place women in a subordinate position to men. The lack of social and economic valuing of women and their work and the acceptance of gender-specific roles perpetuates and reinforces the presumption that men have decision-making power and control over women. Through acts of sexual and gender-based violence, committed at individual or group level, persecutors tend to maintain their privilege, power and control over others. Gender identity and gender roles are determined by sex, age, socio-economic status, ethnicity, nationality and religion. Relationships between women and men, among women as well as men, are marked by different levels of authority and power that maintain privilege and subordination among members of a society. Disagreement or lack of responsiveness to human rights, gender equality, democracy and non-violent means of conflict resolution contribute to the perpetuation of these inequalities.

A person can become a victim or even an aggressor in the context of the existence/appearance the following types of risks:

  • Risks at individual level – lack of security, addiction, physical and mental disabilities, lack of alternatives in adapting to socio-economic changes of status, alcohol abuse, drug abuse, psychological trauma and stress of conflict, refuge, internal displacement, ignorance, lack of knowledge of basic individual rights as stipulated by national and international bodies;
  • Risks to social and cultural norms – discriminatory cultural and traditional beliefs and practices, religious beliefs;
  • Legal framework and practices in the host country and/or country of origin – lack of protection of women’s and children’s rights against sexual and gender-based violence, lack of trust in state authorities, application of traditional laws and practices favoring discrimination, lack of interest in the subject, discriminatory practices in the administration of justice, non-reporting of incidents of sexual and gender-based violence and lack of trust in the administration of justice, lack of interest in prosecuting all reported cases of sexual and gender-based violence, low number of convictions obtained in proportion to the number of reports of sexual and gender-based violence, inaccessibility of police and courts due to the location of refugee camps, absence of women in the judiciary, lack of administrative resources and equipment of local courts and security forces, laws or practices in the administration of justice that support gender bias;
  • War and armed conflict – destruction of social structures, exercise of political power and control over communities, ethical differences, socio-economic discrimination;
  • Refugee situations, return and internal displacement – collapse of family and social support structures, high crime locations, overcrowded camps, shelters and communal households, service mix, facilities and access to them, male-dominated leaders in communities, lack of food, fuel, income and the possibility of payment for work done, lack of protection from police forces, lack of NGO representatives in refugee camps, lack of identity documents and non-registration of individuals, hostile local populations – refugees seen as materially privileged.

Victims/survivors of sexual and gender-based violence are at high risk of severe health and psycho-social disorders. The potential for long-term psycho-emotional trauma should not be underestimated.

Understanding the potential consequences of sexual and gender-based violence will help stakeholders to develop appropriate strategies for responding to these effects and to prevent conditions from worsening or worsening

INFORMATION
29/12/2022

Combating violence against women and domestic violence

Violence against women includes all acts of gender-based violence that cause or are likely to cause physical, sexual, psychological or economic harm or suffering – namely sexual violence, rape, genital mutilation, forced marriage, forced abortion, forced sterilization, trafficking for the purpose of sexual exploitation, stalking for the purpose of harassment, sexual harassment, femicide, hate speech, sex crimes in online form (cyber violence), non-consensual sharing or manipulation of intimate material, cyber stalking and internet harassment.

Domestic violence is a form of violence against women that occurs within the family. Women are disproportionately represented as victims of all forms of violence because of underlying patterns of coercion, power and/or control.                                 Last but not least, cyber violence is an extension of the violence that victims face in offline environments. Despite the widespread spread of cyber violence, the regulatory process is so far highly fragmented, with significant legal gaps identified at both EU and Member State level.

Significant for the EU agenda to combat violence against women is the new Council of Europe Convention on preventing and combating violence against women and domestic violence (known as the Istanbul Convention), which has comprehensively addressed violence against women and domestic violence.                                                                                                                                                    In 2016, the proposal for a Council Decision on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)111) was presented. A year later, the Convention was signed, on behalf of the EU, by the European Commission and the Council of the EU. However, the accession process has not been finalized so far as the EU Council has not adopted the final decision.                                                                                   In the meantime, the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted on 18 December 1979 by the United Nations General Assembly, entered into force as an international treaty on 3 September 1981 after ratification by 20 countries. By the Convention’s tenth anniversary in 1989, almost one hundred nations had agreed to abide by its provisions. States Parties to the Convention condemned discrimination against women in all its forms and agreed to pursue, by all appropriate means and without delay, a policy of eliminating all forms of discrimination against women. Romania ratified the Convention on 7 January 1982.                                                          

The June 2019 International Labor Organization Convention on the Elimination of Violence and Harassment at Work (C190) aims to stop violence and harassment through the adoption of innovative international instruments, making it the first international standard to end violence and harassment in the world of work. The Convention fills existing gaps in legislation and protects all workers, regardless of their contractual status – trainees, apprentices, licensed workers, volunteers or job seekers.

At EU level there are several legal instruments relevant to victims of violence against women and domestic violence. These establish either general rules applicable to this category of victims or specific rules on certain forms of such violence.

Recent developments at EU level to combat this phenomenon include:

·       2019 – The political guidelines for the European Commission 2019-2024, in particular those referring to “A Union of Equality”, highlight the need to prevent and combat violence against women, protect victims and punish perpetrators;

·       2020 – Gender Equality Strategy 2020-20255 (COM(2020)152) includes measures to prevent such violence, to protect victims, to prosecute perpetrators and to implement comprehensive and coordinated policies in this area.

·       2020 – EU Strategy on Victims’ Rights 2020-2025 (COM(2020)258) calls on the European Commission, EU Member States, civil society, all stakeholders, to get involved and pay particular attention to the specific needs of victims of gender-based violence.

·       2020 – Proposal for a Directive on adequate minimum wages in the European Union (COM(2020)682) aims to ensure that workers in the EU are protected by adequate minimum wages, enabling them to make a decent living wherever they work, by establishing a framework to improve the adequacy of minimum wages and to increase workers’ access to minimum wage protection.

·       2020 – Equality Strategy for LGBTIQ people 2020-2025 (COM(2020)698) addresses the inequalities and challenges affecting LGBTIQ people with a view to creating an Equality Union. It pays particular attention to the diverse needs of LGBTIQ people and the most vulnerable groups, including people facing intersectional discrimination and transgender, non-binary and intersex people, who are among the least accepted groups in society and who generally face higher levels of discrimination and violence than other groups within LGBTIQ communities. The strategy argues that discrimination is often multidimensional and that only a cross-sectional approach can lead to sustainable and respected changes in society.

·       2020 – Digital Services Act (COM(2020)825) which helps protect online users.

·       2021 – Gender Equality Action Plan (GAP) III (JOIN(2020)17) is an ambitious agenda for gender equality and women’s empowerment in the EU’s external action; combating gender-based violence becomes one of the priorities for EU external action.

·       2021 – Proposal for a Directive on strengthening the application of the principle of equal pay for equal work or work of equal value for men and women through pay transparency and enforcement mechanisms (COM(2021)93) seeks to remedy the respect of the fundamental right to equal pay and the enforcement of this right across the EU by setting pay transparency standards that enable workers to claim their right to equal pay.

·       2021 – Disability Rights Strategy 2021-2030 (COM(2021)101) aims to improve the lives of people with disabilities over the next decade, both at EU and national level, with a strong commitment from Member States and regional and local authorities to deliver the actions proposed by the European Commission.

·       2021 – The Action Plan on the European Pillar of Social Rights (COM(2021)102) reiterates the commitment to combat gender-based violence, reducing it in employment by at least half compared to 2019.

·       2021 – EU comprehensive strategy on the rights of the child (COM(2021)142) reaffirms the rights and their role in society, in particular in relation to nature, climate change, discrimination and injustice.

·       2021 – A more inclusive and protective Europe (COM(2021)777) aims to include hate speech and hate crimes in the list of EU criminal offences.

·       2022 – The European Commission’s annual report on gender equality in the EU (SWD(2022)54) notes that women have been disproportionately affected by the pandemic. In 2020, women’s labor market participation rate fell by 0.5% compared to 2019, after a decade of steady growth.

INFORMATION
28/12/2022

Gender-based violence and the life cycle

 Violence against girls and women occurs at different stages in their life cycle. Many women experience multiple episodes of violence, which can start from childhood through to adulthood and old age.

The life-cycle approach to gender-based violence helps to understand the cumulative impact of violence faced by girls and women, particularly in terms of its consequences for physical and mental health. These aspects are also important in documenting cases, but also in analyzing the phenomenon.

From the experience of several countries, violence and the female life cycle can be addressed, studied and monitored in a multi-directional way, where several forms of violence can be identified among both residents and refugees or asylum seekers.

Thus, among people from different cultures and according to age, different forms of violence can be identified and documented, as listed in the study entitled “Documenting Gender Based Violence”:

 

Life periods

Forms of violence

Prenatal

Prenatal
gender selection; physical abuse of the mother during pregnancy;
imposed/forced pregnancy.

Infancy

Infanticide;
physical, emotional and sexual abuse; abusive home environment; neglect,
including differential access to food and health care.

Childhood

Living
environment of domestic violence; physical, emotional and sexual abuse; child
prostitution; early/forced marriage; genital mutilation; neglect, including
differential access to food, health care and education.

Adolescence

Prostitution
and pornography, including human trafficking; sexual harassment (at school,
in the street or elsewhere); early/forced marriage; honor killings; intimate
partner violence; rape and sexual harassment by known (including relatives)
or unknown men; genital mutilation.

Maturity

Sexual
harassment at work or in public places; intimate partner violence; rape and
sexual assault; forced/forced pregnancy; economic abuse and coercion; sexual
exploitation and trafficking; stalking/persecution; honor killings; femicide.

Elderly

Physical
abuse; intimate partner violence; rape; widow abuse; public sexual
harassment; institutional abuse.

The causes and roots of gender-based violence can be individual or societal.

Individual causes can be root causes or immediate causes:

Root causes are:

·       Alcohol and other substance abuse;

·       Mental disorders (including post-traumatic);

·       (exaggerated) Desire for control;

·       Personality disorders;

·       Aggressive behavior (not only in the family but also in society).

An important factor is childhood abuse and trauma. The risk of violence and abuse of a young person who has also been abused is high. Abuse becomes a model of the good or a solution to his psychological problems, deprivation or failed relationships. Abusive behavior becomes a habit for abusers because: it provides solutions for the present; it is based on control over others, which is something abusers want; it is admitted, unpunished or even supported and therefore teaches them that they can multiply abusive behavior to their benefit.

One important factor is childhood abuse and trauma. The risk of violence and abuse being applied to a young person who has also been abused is high. Abuse becomes a model of good or a solution to his psychological problems, deprivation or failed relationships.

Abusive behavior becomes a habit for abusers because: it provides solutions for the present; it is based on control over others, which is something abusers want; it is admitted, unpunished or even supported and therefore teaches them that they can multiply abusive behavior to their benefit.

The immediate causes are:

·       Acute or chronic stress (stress levels can also increase as a result of major structural changes that occur as a result of going through the family life cycle);

·       Anger attacks (especially in people with low self-control);

·       Depression (which can be caused by various factors or by previous trauma, including post-traumatic stress disorder);

·       Despair (often linked to major changes in the person’s life or in society);

·       Jealousy attacks;

·       Material deprivation, economic problems, unemployment.

The societal causes of perpetuating antisocial behavior by perpetrators can be linked to several factors and may include:

·       Discrimination against women (in the family, at work, in politics, etc.);

·       Societal stereotypes, based on social sexualization, which privileges men;

·       Promotion of the male model of success in society;

·       Imperfect legal framework, which does not facilitate victims’ access to justice;

·       In many cases, domestic violence is not seen as a potentially criminal act, but is often seen as a “family dispute” in which no one should get involved;

·       Lack or inadequacy of rehabilitation and support services for victims;

·       Lack or insufficiency of knowledge and skills of different professionals in the field of trauma and documentation of the consequences of violence;

·       The courts do not have a firm response to perpetrators, and court cases can take a long time, so perpetrators are rarely subject to severe economic sanctions or deprivation of liberty;

·       The community tolerates perpetrators, often seeking explanations/justifications for them, blaming the woman (victim);

·       Tolerance of violence, thanks to norms that legitimize the use of physical force as a means of education;

·       The community may see abuse as part of the relationship (“when it’s good, when it’s bad”/”bad with bad, but worse without bad”);

·       Negative/abusive involvement in the family relationship of other community members, relatives (brothers-in-law, in-laws), who induce tension and generate conflict, through destructive actions due to jealousy, envy, revenge, etc.;

·       The insistence of the community (counsellors, church, relatives, etc.) to offer a second chance to restore the relationship or maintain the family, “in the interests of the children”;

·       The social inequality and financial dependence of women, who cannot work because of the need for childcare. This situation is also aggravated by the lack/lack or poor quality of childcare services (e.g. crèches, kindergartens, day centers for children with disabilities, etc.);

·       Lack of a culture of assertive communication in society and inability to manage conflict;

·       Lack of family counselling services at district center, village level (lack of psychologists or insufficient training for such services);

 

INFORMATION
21/12/2022

Gender-based violence in conflict and post-conflict situations

Gender-based violence is a serious violation of human rights. The obligations and commitments articulated in numerous international and regional instruments, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Beijing Platform for Action, the Program of Action of the International Conference on Population and Development, Security Council Resolutions 1308, 1325, 1820, 1888 and others, provide a global perspective that requires the UN and States Parties to take action at all appropriate levels.

There are three key principles underlying Sexual Violence in Conflict and Post-Conflict:

  • violence against women and girls is almost always more prevalent than violence against men and boys in conflict situations;
  • men and boys are part of the problem and need to become a bigger part of the solution;
  • sexual violence against women and girls, as well as boys and men, stems from many of the same root causes and therefore solutions need to be addressed in a more holistic way.
Conflict exacerbates gender inequalities and abuses of power that can lead to gender-based violence. Conflict does not cause sexual and other forms of gender-based violence (GBV), although it can manifest new forms of GBV in those environments. Sexual violence takes on new forms as a consequence of conflict and is often used as a tactic of war, either randomly, opportunistically or systematically.

Both in conflict and post-conflict situations, sexual violence tends to be more prevalent and more serious because of higher levels of violence, the breakdown of social cohesion and law and order, and the exacerbation of existing vulnerabilities. With the breakdown of social order, impunity is also more likely.

Sexual and other forms of gender-based violence are used in conflicts as a tool to de-motivate conflict-affected populations to prevent them from fighting back, through terror and attempts at subjugation, or to humiliate and shame men and women. Sometimes gender-based violence is used as a tool to indoctrinate and create group bonds for combatants. Gender-based violence is used as a reward or form of compensation (‘spoils of war’) for combatants who are usually not otherwise paid. Sexual violence is sometimes an instrument of genocide, used to transform the ethnic or social composition of a society. Combatants may use it both strategically, as a threat or warning to control areas of economic or political importance, and randomly, as a result of perpetuating a cycle of anxiety and fear that impedes recovery (UNFPA, 2012) and affects the emotions and psychological well-being of those who have endured such violence.

 Most of the direct victims of gender-based violence are women and girls; some are men and boys.

According to the United Nations Population Fund’s study “Sexual Violence in Conflict and Post-Conflict: The Involvement of Men and Boys”, the testimonies of women who live to tell of their suffering, including as sex slaves during war, demonstrate the unimaginable levels of trauma that have been inflicted on women and girls. According to the same study, in post-conflict environments, sexual violence and physical violence against a female partner can be ways for a man to assert his dominance. Even if he has lost everything.

 Addressing the multidimensional problem of sexual violence in conflict and post-conflict settings is complex and difficult. The international community has recognized that effective prevention and response will require long-term, comprehensive and coordinated multi-stakeholder efforts that address the different aspects of affected populations, including their health, education, economic, legal, psychosocial and security concerns.
INFORMATION
20/12/2022

Fear of falling victim and its impact

Sexual harassment is a pervasive and common experience for many women in the EU. For example, one in five women have experienced the unpleasant experience of touching, hugging or kissing against their will since the age of 15, and 6% of women have experienced this type of harassment at least six times since the age of 15. Of the women who had experienced sexual harassment at least once since the age of 15, 32% named a colleague, boss or client as the perpetrator(s).

Sexual harassment of women involves a wide range of different perpetrators and may include the use of ‘new’ technologies. According to a study by the European Union Agency for Fundamental Rights published in 2014, one in 10 women (11%) have experienced inappropriate advances on social networking sites or received sexually explicit emails or text messages. These forms of sexual harassment disproportionately affect young women. EU Member States need to review the existing scope of legislative and policy responses to sexual harassment, recognizing that sexual harassment can take place in a variety of contexts and by different means, such as the internet or mobile phones. As with cyber stalking for the purpose of harassment, police can be encouraged to recognize and investigate cases involving cyber harassment as part of their regular work.

According to the study “Violence against women: an EU-wide survey” by the European Union Agency for Fundamental Rights, half of the women interviewed in the study said they avoid certain situations or places at least sometimes for fear of being physically or sexually assaulted. By comparison, as existing surveys of the general population on crime and victimization show, fear of crime and its impact on men’s lives is generally lower than for women. Women’s fear of crime – specifically, their fear of gender-based violence – needs to be recognized and addressed at European, national and local level, given its negative impact on women’s everyday freedom of movement.

Many women who report high levels of fear of assault tend to have experienced very high levels of physical or sexual violence. Given that high levels of fear may reflect experiences of abuse, health care professionals and other practitioners with responsibilities in this area may be encouraged, as appropriate, to request and collect information about fear of victimization in an effort to identify possible abuse. 

In terms of Attitudes towards and awareness of violence against women Women perceive violence against women as common or rare in their countries depending on their own experiences of violence by their partner or by someone other than their partner, the extent to which they know other women who are victims of violence, and whether they are aware of campaigns targeting violence against women. In developing policies to raise awareness of violence against women in different contexts and among different groups of women, all of the above factors need to be taken into account. 

Awareness-raising campaigns at EU Member State level are essential to increase women’s (and men’s) knowledge of gender-based violence, to encourage reporting, to protect victims and to take preventive measures.

Women who are victims of violence rarely report it to specialized services. If we are to have successful campaigns to raise awareness of violence against women and encourage reporting, there must be specialized services with the resources to respond to the needs of victims.

 
INFORMATION
19/12/2022

Intersectionality and gender-based violence

Intersectionality starts from the idea that people have multiple identities based on gender, ethnicity, class, skin color, age, disability, sexual orientation, religion, neurodivergence, etc., identities that lead to exclusion on several criteria, interconnected in relation to different systems: education, health, work.

The concept of intersectionality has been defined by Kimberle Crenshaw, an American feminist of color and law professor at the University of California. It is worth noting that intersectionality has its roots in black women’s feminism.

Identity dimensions such as a person’s disability, age, gender, social status, ethnicity, race, sexual orientation, skin color, physical appearance, religion, etc. can constitute vulnerabilities when a person is, for example, looking for a job, going to the doctor, or attending school in an area far from their home or community.

Some people may face various problems related to their financial situation, racism, homophobia and transphobia in their local area.

When we talk about vulnerability, we mean vulnerability to discrimination. People belonging to more than one minority (ethnic, religious, sexual) may suffer multiple or intersectional discrimination. Studies show that victims of discrimination are more vulnerable to structural inequalities, segregation and social exclusion. Also, for people with multiple minority identity dimensions, using discrimination criteria independently of each other can lead to the invisibilisation of a minority within a minority group and the ignoring of the negative experiences of these people.

It is worth noting that not all girls and women have the same problems. Girls and women in different categories have interlinked, intersecting problems and require specific approaches according to these problems.

Intersectionality is a useful framework through which to examine how forms of privilege and disadvantage shape women’s traumatic experiences and access to resources.

It acknowledges the social factors that contribute to gender-based violence and subsequent health. An intersectional lens can also improve how services are organized and delivered, paying attention to multiple forms of oppression and structural violence.

Trauma informed by intersectionality:

  • Oppression exists in different forms (e.g. sexism, racism) and at multiple levels (e.g. institutions, policies);
  • Different forms of oppression interact and shape an individual’s sense of power, resistance and well-being;
  • Advantages and disadvantages in the distribution of social resources (e.g. income) affect the mental health and well-being of individuals;
  • The effects of trauma accumulate over time and interact with other life experiences, impacting on health.

INFORMATION
16/12/2022

How can we measure gender equality?

The European Institute for Gender Equality – EIGE, an institution of the European Union, periodically conducts the Gender Equality Index. The most recent, in 2021, gives Romania a score of 54.5 (where 0 represents total inequality and 100, total equality), placing our country in 25th place in the EU, followed only by Hungary, Greece. The EU average is 68, with the leading countries being Sweden (83.9) and Denmark (77.8), with the Netherlands (75.9), France (75.5) and Finland (75.3) also having a high degree of gender equality.

The Gender Equality Index covers six main areas (work, money, knowledge, time, power and health) and two satellite areas (intersecting inequalities and violence). It measures not only gender disparities between women and men, but also takes into account the country context and the different levels of achievement of Member States’ targets in different areas. A high overall score reflects both low (or absent) gender gaps and a good overall situation (e.g. a high employment share for both men and women).

In Romania, the work force domain has a score of 67.5% and refers to:

  • Women’s and men’s participation in the work force differs in unemployment rates, in full-time and part-time work, etc. Women have a slightly lower employment rate than men and tend to work part-time more than men, partly due to family and household duties and strict gender roles.
  • Segregation by field of work (“female” and “male” fields such as health, education, IT or engineering). This is relevant as “female” fields are on average lower paid than “male” ones.
The money domain, has a score of 69.1%, and this domain refers to:

  • Gender pay gap, calculated as the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men. In Romania in 2019, the gap was 3.3%, the second lowest in the EU, while the European average was 14.1%.
  • The risk of poverty and social exclusion, with women, especially older women, more at risk than men.

The health domain, had a score of 71.3%, and this domain refers to:

  • Life expectancy, higher for women in Romania (79 years) than for men (72 years). These differences are partly due to biological factors, difficult working conditions for part of the male population, as well as risky health behavior, which is more common among men (alcohol consumption, unbalanced diets, etc.).
  • Access to health services, including sexual and reproductive health.
Another area is political and economic power, which scored 34.7%. This area refers to the proportion of women in positions of power, i.e. in Parliament, Government, Local and County Councils, as well as on the boards of large companies and the Central Bank. In all these cases, women account for between 5% and 30% of members in Romania.

Time, had a total score of 50.3% this represents work-life balance, with women spending more time in the environment than men, often after work, doing housework, caring for children, the elderly and the disabled.

In Romania, education scores 50%, providing information on access to education, an area where there are no significant quantitative gender differences. Also here we refer to segregation by field of study, which is then reflected in segregation by field of work.

The Gender Equality Index does not include elements relevant to the field of education, such as: the marginalization of gender equality, including in curricular content, the presence of gender stereotypes in school textbooks.

Gender-based violence is a type of aggression directed against a woman or which disproportionately affects women. Romanian legislation covers the following types of domestic violence: physical, sexual, emotional, verbal, economic, social, spiritual and cyber violence.

  • In Romania, 28.5% of women experience physical and/or sexual violence in their lifetime.
  • In terms of domestic violence, 92% of perpetrators are men, 76% of victims are women.
It should be noted that discrimination against women is often multiple discrimination, adding criteria such as age, race, ethnicity, disability or sexual orientation.
INFORMATION
14/12/2022

What is Discrimination?

Discrimination is a complex phenomenon that manifests itself in all aspects of life, such as in the workplace, in education, in the political environment or in access to certain services. The causes of discrimination are multiple and often determined by the social, political, cultural and religious context, as well as by attitudes and norms perpetuated throughout history from one generation to the next. While we all have personal, subjective preferences when deciding who we socialize with and where we work, we sometimes find ourselves in positions of power that can lead to discrimination.

Discrimination refers to treating people in a comparable situation differently, and is not justified in an objective and reasonable way.

According to Ordinance 137/2000, discrimination is:

“Discrimination means any distinction, exclusion, restriction or preference based on race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-contagious disease, HIV infection, membership of a disadvantaged group, and any other criterion which has the purpose or effect of restricting or nullifying the recognition, use or exercise, on an equal footing, of human rights and fundamental freedoms or rights recognized by law in the political, economic, social, cultural or any other field of public life. “

For an act to be discriminatory, it must meet the following 4 conditions:

1. It must involve differential treatment of the person concerned (distinction, exclusion, restriction or preference);

2. It must be based on a type criterion (race, sex, ethnicity, sexual orientation, etc.);

3. The act must have an aim or effect (“restricting, removing recognition, use or enjoyment, on equal terms”) on fundamental rights and freedoms.

4. The treatment manifests itself in areas of public life.

Discrimination can be classified in several ways, according to the type of treatment or the criterion or criteria on which it is based. So we can talk about:

Direct discrimination occurs when a person is treated less favorably than another person who has been, is or could be in a comparable situation, on the basis of any of the criteria for discrimination laid down by the law in force.

Indirect discrimination occurs when an apparently neutral provision, criterion or practice disadvantages persons on the basis of criteria laid down by law, unless such provisions, criteria or practices are objectively justified by a legitimate aim and the methods of achieving that aim are appropriate and necessary. Indirect discrimination is also any active or passive conduct which, by its effects, unjustifiably favours or disfavours, subjects a person, a group of persons or a community to unfair or degrading treatment compared with others who are in an equal position.

Multiple discrimination occurs when a person or a group of persons is treated differently, in an equal situation, on the basis of two or more cumulative discriminatory criteria.

A provision to discriminate is also considered to be a form of discrimination and is an order received by one person or group of persons from another person or group of persons to discriminate.

Victimization is any adverse treatment in response to a complaint or action before the courts or competent institutions concerning a breach of the principle of equal treatment and non-discrimination.

Harassment is any conduct which results in an intimidating, hostile, degrading or offensive environment, on grounds of race, nationality, ethnicity, language, religion, social category, belief, gender, sexual orientation, membership of a disadvantaged group, age, disability, refugee or asylum seeker status or any other ground.

All these forms of discrimination and gender inequality can play a role in fueling or exacerbating violence against women.

INFORMATION
12/12/2022

What is gender equality?

Gender equality refers to the equal opportunities and treatment of women in relation to men and to equity in both public and private life. Law 202/2002 defines equality of opportunity and treatment between women and men as “taking into account the different abilities, needs and aspirations of men and women respectively and treating them equally”.

Gender equality therefore emphasizes fairness and non-partisanship and not – as is often mistakenly believed – the application of identical standards to women and men. Inherent biological differences as well as strong socialization towards different roles and expectations from women and men make these two categories differ in certain aspects of public and private life (apart from the numerous similarities). In a broader sense of the concept – gender equality also includes people with a minority gender identity, transgender people and non-binary people, as well as other people from the LGBTQ community.

Gender equality is not just about women, but involves and targets both women and men, taking into account the interests, needs and priorities of both. Gender equality does not mean that women and men will become the same, but that women’s and men’s rights, responsibilities and opportunities will not depend on whether they were born female or male.

It follows that gender equality encompasses the removal of all forms of discrimination based on a person’s sex and/or gender, as well as the removal of barriers to women’s and men’s equal access to political, economic and social life. In other words, it includes:

  • Non-discrimination;
  • Equal treatment;
  • Equal opportunities/opportunities;
Gender equality takes into account the subjective experience of women and men and recognises the different social norms and roles assigned to the two sexes, which can lead to the devaluation of women’s work or performance.

Progress has been made, especially in legislation, but gender inequalities and differences – social differences between women and men – persist, partly based on learned and perpetuated prejudices and stereotypes about the roles, responsibilities and needs of women and men in the social context.

Gender equality is measured by both quantitative indicators (pay, political and economic representation, educational attainment, life expectancy, etc.) and qualitative indicators (e.g. women’s freedom to make decisions about the family budget, fear of violence or control by their partner, family planning, work-life balance, etc.). 

Gender equality refers to:
  • Equal rights, responsibilities and opportunities for men and women, girls and boys, as well as non-binary and transgender people;
  • Equal treatment of the different capacities, needs, and aspirations of all people, regardless of their gender;
  • Removing barriers that prevent a person, regardless of gender, from using their full potential;
  • Visibility, autonomy, responsibility and equal participation of women and men in all spheres of public and private life.


INFORMATION
29/11/2022

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

The Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, is the most comprehensive international legal instrument setting out binding commitments to prevent and combat violence against women. Thirty-four Council of Europe member states have ratified it, twelve have signed it – together with the European Union – and it serves as a basis for action by many countries outside Europe.

The Istanbul Convention aims to protect women against all forms of violence and to prevent, criminalize and eliminate violence against women and domestic violence; to contribute to the elimination of all forms of discrimination against women, to promote equality between women and men and to empower women; to protect and support all victims of violence against women and domestic violence.

Romania signed the Istanbul Convention in June 2014 and ratified it in 2016, with the Convention entering into force in September 2016.

The Convention recognises violence against women as a violation of human rights and a form of discrimination. It is the first international treaty to contain a definition of gender: gender is the role society assigns to men and women, as well as the behaviour, activities and attributes considered appropriate for women and men. It also introduces a number of offences, such as forced sterilisation, female genital mutilation and psychological violence. Not criminalised until now, these will have to be made offences under the laws of the Convention’s signatory states. Protective measures include setting up specialised services to provide medical care and psychological and legal counselling for victims and their children, and providing adequate shelters for victims.

The Convention covers women and girls from all walks of life, regardless of age, race, religion, social origin, migrant status or sexual orientation, to name but a few. The Convention recognises that there are groups of women and girls who are often at greater risk of violence and states must take measures to ensure that their specific needs are addressed.

The Istanbul Convention addresses the specific residence status difficulties faced by many migrant women when they become victims of crimes such as domestic violence or forced marriage. It introduces the possibility of granting migrant women an autonomous residence permit if they are caught in an abusive relationship, as their residence status depends on that of the abusive spouse or partner. This allows victims of domestic violence to leave the relationship without losing their residence status.

For victims of forced marriages, the convention creates an obligation to allow migrant women to regain their residence status if they have left their country of residence for longer than is legally permitted because they were forced to marry abroad and cannot return. However, as a non-participation clause, States Parties may reserve the right not to be bound by this provision.

Asylum law has long failed to address the differences between women and men in terms of why and how they are persecuted. This gender blindness in determining refugee status and international protection has led to situations where the claims of women fleeing gender-based violence have gone unrecognised.

One of the reasons migrant women seek asylum is to flee gender-based violence, but it is often impossible for them to disclose relevant information during a refugee status determination process that does not respect cultural sensitivities. In addition, unaccompanied women are often exposed to sexual harassment and sexual exploitation and cannot protect themselves. In order to address the specific issues related to women asylum seekers, the Istanbul Convention establishes the obligation to introduce gender-sensitive procedures, guidelines and support services in the asylum process.

Another provision included in the Istanbul Convention reaffirms the obligation to respect a well-established principle of asylum and international refugee protection, namely the principle of non-refoulement. The Convention establishes the obligation to ensure that victims of violence against women in need of protection, regardless of their status or residence, are not returned to any country where their lives would be endangered or where they would be in danger of being subjected to torture or inhuman or degrading treatment or punishment.