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Equal Employment Opportunities for Women and Men

Constitution - Romania

The Romanian Constitution enumerates several provisions prohibiting gender discrimination that may be summarised as follows:

a. Under article 1(3), “Romania is a democratic and social State governed by the rule of law, in which human dignity, the citizens' rights and freedoms, the free development of human personality, justice, and political pluralism represent supreme values and shall be guaranteed”.

b. Article 4(2) also provides that “Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property, or social origin”. Article 16(1) further stipulates that “Citizens are equal before the law and public authorities, without any privilege or discrimination” and article 16(3) provides that “Public service and dignities, being civil or military, can be held, under the terms established by the law, by Romanian citizens, who currently reside on the Romanian territory. The Romanian State grants equal opportunities for men and women to hold these dignities and services”.

c. Discrimination is also dealt with in more specific terms. Article 38(4) states that, “On equal work with men, women shall get equal wages”, and article 44(1) stresses that “The Family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parents to ensure the upbringing, education, and instruction of their children”.

d. With regard to the status of international treaties in domestic law, article 11 provides that “The Romanian State pledges to fulfil as such and in good faith its obligations as deriving from the treaties it is a party to”, and that “Treaties ratified by Parliament, according to the law, are part of national law”. Article 20 further stipulates that “Constitutional provisions concerning the citizens' rights and liberties shall be interpreted and enforced in conformity with the Universal Declaration of Human Rights, with the covenants and other treaties Romania is a party to”, and that “Where inconsistencies exist between the covenants and treaties on fundamental human rights Romania is a party to and internal laws, the international regulations shall take precedence”.


Updated by IC. Approved by GT. Last update: 19 December 2003.