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December 1, 2008    DOL Home > ILAB > ICLP   

ROMANIA

1. Child Labor in Romania

In 1998, the International Labor Organization (ILO) estimated that 0.1 percent of children between the ages of 10 and 14 were working.1519 Child labor, however, is considered to be an emerging problem throughout the country.1520 According to the Government of Romania, more than 400,000 children have abandoned school throughout the 1990s.1521 Moreover, a 1997 survey conducted by Save the Children Romania questioned children living with their families and found that approximately 8 percent of children who attend primary school also work.1522

Save the Children Romania’s 1997 survey found that a majority of children living with families (93 percent) worked on farms, another 6.5 percent in trade/services, and 0.5 percent were engaged in household work outside the family home.1523 The reinstatement of private farms after 1989 led to many families involving their children in agricultural activities; in some cases, children dropped out of school prior to completing compulsory education.1524 Similar situations occur in urban areas, with differences lying in the nature of work activities.1525 As for hours worked, some children reported working over eight hours a day, though the majority work fewer than eight hours.1526

The National Agency for Child Protection and Adoption (NACPA) estimated that there were 2,500 to 3,500 street children in Romania in 2000.1527 Cities reported to have street children include Bucharest, Craiova, Timisoara, Iasi, Suceava, Galati, Constanta, and Targu-Mures.1528 A 2001 survey on street children in Bucharest established that 49 percent of the children interviewed belonged to the Roma ethnic group.1529 The survey found children engaged in begging, car washing/parking, selling merchandise, household work, collection of waste products, and loading and unloading of merchandise.1530 To a much lesser extent, children reported stealing, engaging in prostitution, and working in construction or in a factory.1531

Anecdotal evidence suggests a rise in economic and sexual exploitation of children. However, no comprehensive statistics are available on the scope and pervasiveness of the problem. In July 2001, the International Organization for Migration (IOM) completed the first report in Romania to investigate human trafficking, identifying the groups and regions most at risk and constructing a profile of potential victims. The report confirmed that girls coming from state care institutions are more likely to be trafficked, especially if they have experienced abuse in the past.1532 Potential victims are most likely to come from the poorer areas of Romania: 39 percent from the province of Moldova, 35 percent from Muntenia, 21 percent from Transylvania, and 5 percent from the capital Bucharest.1533 Of 279 cases of trafficked victims provided assistance by the IOM from January 2000 to June 2001, 57 were girls between the ages of 15 and 17 years, and 6 were 14 years old or younger.1534

2. Children’s Participation in School

As of July 1999, compulsory education was increased to 9 years, to include primary education (grades 1–4), and lower secondary education (grades 5–9).1535 Between 1989 and 1999, children were required to attend school for eight years; prior to 1989 children were required to attend until 18 years of age.1536 Children are required to begin school at age 7 (or at age 6 on request by parents).1537 In 1996/97, 6.8 percent of children ages 7-14, the population subject to compulsory education, did not attend school.1538

Primary school attendance rates are unavailable for Romania. While enrollment rates indicate a level of commitment to education, they do not always reflect a child’s participation in school.1539 In 1998, the primary school net enrollment rate was 91.6 percent, and the primary school gross enrollment rate was 99.8 percent in 1998.1540 In 1996, an estimated 95.7 percent of children reached grade 5.1541 Four percent of children repeated a grade for that same year.1542 In 1996/97, 9,200 children dropped out from primary education, which rose to 11,696 in 1998/ 99.1543 There were 1,284,507 children enrolled in primary school in 1998 with a student teacher ratio at 18.7 percent.1544

The secondary school net enrollment rate has risen slightly in Romania from 72.8 percent in 1993 to 73 percent in 1996.1545 In 1998/1999, 9,027 children dropped out from urban secondary education and 8,362 from rural secondary education of the total intake of 1,138,316 children.1546

Vocational education includes children and adolescents over 14 who have completed their compulsory education. Vocational schools are part of the state education and involve two to four years of study, depending on the specialization.1547 In 1998/99, the intake was 201,243 students.1548

According to research conducted in 2000, 19.6 percent of Roma children aged 7-18 had never enrolled in school, 9.2 percent dropped out in primary school, and 6.6 percent dropped out in secondary school.1549 Of Roma children aged 10-18, 23 percent had no reading skills at all, 16.6 percent reads with difficulty, and 60.4 percent reads well.1550

There has been an increase of non-enrollment or dropout rates among children of compulsory education age, particularly in rural areas. The main reasons cited for this include the lack of basic necessities such as food, clothing, school supplies and transportation to school, particularly in rural areas.1551 Other reasons might be faulty communication between the school and the family as well as a decrease in motivation for education due a child’s desire to earn money quickly or inadequate support for studying from parents (particularly poor, socially troubled families).1552

3. Child Labor Law and Enforcement

Article 45 of the Romanian Constitution states that children under the age of 15 may not be employed for any paid labor, and the exploitation and employment of children in activities that might be physically or morally unhealthy or put their lives or normal development at risk are prohibited.1553

Pursuant to Article 161 of the Labor Code, employed children under the age of 18 may not be placed in hard or hazardous working places and may not be made to work nighttime or beyond the legal duration of a working day (8 hours), except in emergencies.1554 Young employees under 18 years are entitled to a minimum of 24 days of holiday with pay (Law No. 6/ 1992, Article 1, par. 2).1555

According to Article 7 of the Labor Code, starting at age 16, any person can be engaged in employment or work. Young persons aged 15 and 16 can be employed with the consent of their parents or legal guardian on condition that the work performed is in accordance with their health, abilities and education.1556 Under this law, a young person has a right and duty to complete compulsory education, and the employer has a duty to support the young person in completing his or her education.1557 Article 162 of the Labor Code limits work to six hours a day for 15 and 16 year olds.1558 Medical control and authorization is needed prior to employment or work of young persons, and parents can withdraw their consent where work endangers the health of the child according to the Family Code.1559 According to Article 155 of the General Norms of Labor Protection, children under the age of 16 years shall not be used for loading, unloading, and handling operations.1560

Children over 16 can conclude a labor contract without the approval of their parents or legal guardian. In this case, children will exert on their own the rights and duties deriving from their contracts and will be entitled to earnings as a result of their work.1561

Measures to protect employed persons are regulated by Law No. 130/1999, as amended and modified. Article 15 of this same law imposes fines of 5 to 10 million lei (US$173 to US$347) on employers who use work persons for which they do not have a labor agreement.1562 If infractions of the legislation on labor protection are numerous or severe, the government may impose a 3-month to 2-year prison sentence or a fine for those found guilty.1563 Article 191 of the Penal Code outlaws the act of submitting a person to labor against his/her will or to mandatory labor, with the penalty of six months to three years in prison.1564

The implementation of child protective policies, including those on child labor, is the responsibility of several agencies, including the Ministry of Labor and Social Solidarity, the Ministry of Health and Family, the Ministry of Education and Research, and the National Authority for Child Protection and Adoption (NACPA).1565 Enforcement of labor laws that protect children from labor and all hazards connected to it and imposing fines for failing to respect laws falls under the mandate of the Ministry of Labor and Social Solidarity, Labor Inspection (established under Law No. 108/1999).1566

In December 2001, the government passed Law 678, which protects children under the age of 19 years from trafficking and applies enhanced punishments in the case that the child is under 15 years of age.1567 Article 329 of the Penal Code prohibits individuals from prostituting children, which is punishable with imprisonment from 2 to 7 years.1568 The maximum punishment is 10 years for anyone convicted of enticing or helping another person to practice prostitution with a child.1569 Article 18 of Law 678 also criminalizes child pornography,1570 and Article 325 of the Penal Code prohibits the selling, spreading, manufacturing, and possession of obscene materials with the purpose of dissemination, punishable by a fine or up to 4 years imprisonment.1571 From the period of 1990 to early 1997, the prosecutor’s office had 1,254 cases involving a sexual crime against children ages 4-17, some of which have been resolved with sentences of imprisonment imposed on the perpetrators.1572

Romania ratified International Labor Organization (ILO) Conventions No. 138 on the Minimum Age for Employment on November 19, 1975, and ILO Convention No. 182 on the Worst Forms of Child Labor on December 13, 2000.1573 In October 2001, Romania ratified the optional protocols of the United Nations Convention on the Rights of the Child, concerning the Sale of Children, Child Prostitution and Child Pornography.1574

4. Addressing Child Labor and Promoting Schooling

a. Child Labor Initiatives

In June 2000, the Government of Romania signed a Memorandum of Understanding (MOU) with the ILO’s International Program on the Elimination of Child Labor (ILO-IPEC). Under this MOU, a National Steering Committee was established as a coordinating body to oversee national program activities.1575 Child Labor Units were formed within the Ministry of Labour and Social Solidarity’s (MLSS) Labour Inspectorkate and the National Authority for Child Protection and Adoption (NACPA) in June 2000.1576

In collaboration with the ILO-IPEC and with funding from the U.S. Department of Labor (USDOL), in 2000, Romania launched a National Action Program to Eliminate Child Labor. The program aims to eliminate child labor and prevent a further increase in child labor in Romania through building the capacity for government and nongovernmental agencies to effectively implement and sustain national policy and programs to combat child labor. Under this program, projects focus on sensitizing the public and the authorities to the issue of child labor, particularly among families and schools with high dropout rates and communities with high incidences of child labor and street children.1577 Groups receiving particular attention and access to rehabilitation services include rural working children, working street children, Roma working street children and their families, community leaders and teachers.1578

As of March 2001, the first of 50 police officers of the General Inspectorate of Police began training to identify and take actions to address the worst forms of child labor. In May 2001, the first 25 MLSS labor inspectors were trained to investigate and monitor child labor activities.1579

The National Authority for Child Protection and Adoption (NACPA) looks into all issues related to child welfare, but currently concentrates on children in difficult situations and those with disabilities. To date, joint efforts of the Child Labor Unit from the NACPA and the National Steering Committee have included the drafting and government adoption of the National Strategy for Child Protection for 2001-4 and of the Operational Plan for the Implementation of the Strategy (Government Decision 539/June 14, 2001), which includes children exploited by labor as a special target group of the strategy.1580 The plan recommends improvement of the national legislation on the exploitation of children; diversification of the rehabilitation services provided for children; establishment of monitoring mechanisms for children in difficult circumstances; implementation of action programs to combat child labor; and the provision of training for professionals working with children in difficulty.1581

The National Institute of Statistics and Economic Studies (NISES), with funding from USDOL and technical assistance from ILO-IPEC’s Statistical Information and Monitoring Program on Child Labor (SIMPOC) have been carrying out a national survey on child labor in Romania since July 2000. Data are being collected on 18,000 households comprising an estimated 28,800 children 5-17 years old for further analysis.1582

An active civil society in Romania is taking a greater role in combating child labor, child trafficking, and the problem of street children. There are approximately 30 nongovernmental organization (NGO) members and an additional 40 non-dues-paying members of the Federation on NGOs Active in Child Protection (FONPC) that serve children in different risk categories, including street children and school dropouts.1583 Most NGOs are located in Bucharest, but FONPC has member representation in 30 of Romania’s 42 counties.1584

b. Educational Alternatives

The Romanian Constitution (Article 32) states that a child has a right to an education and that public education should be free.1585 Article 6 of the Education Law (No. 84/1995), which was amended in 1999, increased compulsory education in the country from eight to nine years.

Article 20 of the law refers to the possibility that special classes can be organized for children who have not completed their first four years of compulsory education by the age 14.1586 In addition, Article 15 of the law provides, in the case of individuals who are more than two years older than the typical age for their school level, that secondary school classes may be organized as evening classes, as “low-attendance” classes, or as “distance learning” classes.1587

The Education Law recognizes education as a national priority.1588 During Romania’s period of educational restructuring (1993-1996), curriculum reform was undertaken at all levels of the country’s educational system, the country’s textbook market was liberalized, administration and management was decentralized, and teacher training was reorganized.1589

Throughout the transition period, the Romanian Government continued to make cash payments to families in the form of the state child allowance, raising the amount in 1998 from 50,000 to 65,000 lei (US$5.60 to US$7.95) per child, 18 times the amount granted in 1993, and 25 percent more than in 1997.1590 The payment, which is conditional on school attendance, is intended to prevent school dropouts. Law No. 61/1993 addresses the issue of the state child allowance granted until the age of 16; or, if the child is integrated in one of the legally recognized education systems, until the age of 18. Law No. 261/1998 modifies the state child allowance provided for under Law 61/1993, making it accessible to young persons over 18 until they complete high school or vocational education, except in the case of those repeating a school year.1591

International organizations such as the International Monetary Fund, the World Bank, the United Nations Children’s Fund (UNICEF), the European Union, Council of Europe, the United Nations Development Program, and others have actively supported education and child protection initiatives in Romania.1592 There is growing involvement of local communities and local NGOs in the organization of education even for the most marginalized groups in Romania society.1593

In 1997, primary education was allocated 51 percent of the total public expenditure on education. That percentage decreased slightly to 49.7 percent in 1998.1594 Expenditures per pupil as a percentage of Romania’s gross national product (GNP) per capita increased from 7.78 percent in 1997 to 8.39 percent in 1998.1595

5. Selected Data on Government Expenditures

The following bar chart presents selected government expenditures expressed as a percentage of GNP. The chart considers government expenditures on education, the military, health care, and debt service. Where figures are available, the portion of government spending on education that is specifically dedicated to primary education is also shown.1596

While it is difficult to draw conclusions or discern clear correlations between areas of government expenditure as a percentage of GNP and the incidence of child labor in a country, this chart and the related tables presented in Appendix B (Tables 14 through 19) offer the reader a basis for considering the relative emphasis placed on each spending area by the governments in each of the 33 countries profiled in the report.


1519 World Development Indicators 2000 .

1520 U.S. Embassy-Bucharest, unclassified telegram no. 002812, July 2001.

1521 Informational material prepared by the Back to School Foundation in Bucharest [document on file]. Received at USAID-Romania on July 26, 2001.

1522 Child Labor in Romania (Save the Children Romania, 1997), 1 [hereinafter Child Labor in Romania ].

1523 Ibid.

1524 Romania: Education for All: 1999 (Ministry of Education, Institute for Sciences of Education, Section 3.3 [hereinafter Romania: Education for All ].

1525 Ibid.

1526 Child Labor in Romania at 2-3.

1527 Poverty in Romania: Causes, Anti-Poverty Policies, Recommendations for Action, UNDP and Research Institute for the Quality of Life (RIQL): Saracia in Romania, Poverty in Romania, 2001, 16 [hereinafter Poverty in Romania ]. The National Agency for Protection of Children’s Rights (NAPCR) was reorganized in 2001 and is now the National Authority for Child Protection and Adoption (NACPA).

1528 “Half Way Home: Romania’s Abandoned Children Ten Years After the Revolution,” a report to Americans from the U.S. Embassy, Bucharest, Romania, February 2001, 20.

1529 “Romania—Working Street Children in Bucharest: A Rapid Assessment” (draft) (Bucharest: ILO-IPEC, July- August 2001], 27-28 [hereinafter “Street Children in Bucharest”]. According to the latest statistics, the Roma population accounts for approximately 10 percent of the overall Bucharest population. The Roma experience a poverty rate of 87 percent, considerably higher than the national average of 34 percent. The reason for this is a complex set of factors, including lower levels of education and professional qualifications, involvement in the informal economy (which can be seen as a coping strategy in the absence of job opportunities, but also prevents this group from escaping marginalization), large families, negative stereotyping, and discrimination. See Poverty in Romania at 15.

1530 “Street Children in Bucharest” at 27-28.

1531 Ibid. at 28.

1532 “Romania: Trafficking in Women,” International Organization on Migration Press Release (Bucharest, July 6, 2001) [hereinafter Romania: Trafficking in Women]. Institutionalized children are either abandoned or turned over by parents to state-run institutions for care. As of March 2001, of the 88,463 children in protected living settings overseen by Child Protection Services, 64.3 percent reside in state care institutions, and 35.7 percent live in family- type settings such as with foster families or adopted families. See “Specialized Public Services for Child Protection,” National Authority for Child Protection and Adoption Statistical Bulletin, March 2001, 1.

1533 Romania: Trafficking in Women.

1534 “Cases Assisted by IOM Bucharest,” International Organization on Migration (Bucharest, July 2, 2001).

1535 Romania: Education for All at Section 3.2. Pre-primary school education is not mandatory in Romania, and the pre-primary school gross enrollment rate (for 3- to 6-year-olds) has fluctuated from 63.3 percent in 1989, to 50.2 percent in 1993, and to 64.2 percent in 1998. See United Nations Educational, Scientific, and Cultural Organization (UNESCO), Institute for Statistics [CD-ROM], Education for All: Year 2000 Assessment—A Decade of Education, Country Report, Romania (Paris, 2000) [hereinafter Education for All: Year 2000 Assessment—Romania ]. Prior to 1998, pre-primary school education was free, but now the growing use of fees means children from poor households and marginalized groups face problems gaining access. These children stand to gain the most from investment in their education to enhance their success in school and to help avoid poverty in later life as a result of inadequate qualifications. See UNICEF, “Children at Risk in Central and Eastern Europe: Perils and Promises: A Summary,” The MONEE Project Regional Monitoring Report, no. 4, 1997, 9-10.

1536 U.S. Embassy-Bucharest, unclassified telegram no. 003732, August 2000.

1537 Romania: Education for All at Section 3.2.

1538 Romania’s Periodic Progress Report on the Implementation of the U.N. Convention on the Rights of the Child , National Agency for the Protection of Children’s Rights on the Romanian Government, Section 7.3 (www.copii.ro/ htm/english/rd/1.htm); cited September 27, 2001 [hereinafter Progress Report on the Implementation of the U.N. Convention ].

1539 For a more detailed discussion on the relationship between education statistics and work, See Chapter 1, Introduction.

1540 Education for All: Year 2000 Assessment—Romania.

1541 Ibid.

1542 Ibid.

1543 Progress Report on the Implementation of the U.N. Convention .

1544 Education for All: Year 2000 Assessment—Romania.

1545 World Development Indicators 2000 .

1546 Progress Report on the Implementation of the U.N. Convention .

1547 Ibid.

1548 Ibid.

1549 Pop and Voicu, 2000, as cited in Poverty in Romania at 30.

1550 Ibid.

1551 Poverty in Romania at 30.

1552 Progress Report on the Implementation of the U.N. Convention .

1553 Romanian Constitution (adopted December 8, 1991), Article 45 (4) (www.uniuerzburg.de/law/ro00000_.html) [hereinafter Romanian Constitution].

1554 Progress Report on the Implementation of the U.N. Convention at Section 8.3.

1555 Ministry of Labour and Social Solidarity, “National Legislation on Child Labor,” Labor Inspection, 2001, brochure published as part of the Labor Inspection’s National Campaign on the Elimination of Child Labor [hereinafter “National Legislation on Child Labor”].

1556 Ibid.

1557 Ibid.

1558 Ibid.

1559 Ibid.

1560 Article 134 of the General Norms of Labor Protection prevents anyone between the ages of 16 and 18 from handling, carrying, or lifting a load of more than 5 kilograms for women and 12 kilograms for men. See “National Legislation on Child Labor.”

1561 Progress Report on the Implementation of the U.N. Convention at Section 2.5.

1562 “National Legislation on Child Labor.” Currency conversion rate is as of November 9, 2001.

1563 Ibid.

1564 Progress Report on the Implementation of the U.N. Convention at Section 8.3.

1565 “Street Children in Bucharest” at 13.

1566 Report on the Romanian Laws, Actions, and Programs Concerning Combating the Worst Forms of Child Labor, Romania Ministry of Labor and Social Protection [facsimile], September 25, 2000.

1567 Article 13 establishes the provisions against trafficking of children. See Electronic Correspondance, U.S. Department of State Official, Eric Barboriak, to U.S. Department of Labor Official, May 2, 2002.

1568 Article 329, Progress Report on the Implementation of the U.N. Convention at Section 8.3. of the Penal Code of Romania, as cited in The Protection Project, Country Report, Romania, January 2001 (www.protectionproject.org) [hereinafter Romania Country Report].

1569 Article 329 of the Penal Code of Romania, as cited in Country Report, Romania.

1570 Electronic Correspondance, U.S. Department of State Official, Eric Barboriak, to U.S. Department of Labor Official, May 2, 2002.

1571 Ibid.

1572 Progress Report on the Implementation of the U.N. Convention at Section 8.3.

1573 For a list of which countries profiled in Chapter 3 have ratified ILO Conventions No. 138 and No. 182, see Appendix C.

1574 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (www.unicef.org/crc/opsx-tableweb.htm).

1575 As of September 2001, the National Steering Committee (NSC) consisted of representatives of the National Authority for Child Protection and Adoption, Ministry of Labour and Social Solidarity’s Labor Inspectorate, Ministry of Education and Research, Ministry of Health and Family, Ministry of European Integration, General Inspectorate of the Police, workers’ and employers’ organizations, nongovernmental organizations (NGOs) active in child protection, and representatives from academia. National Action for the Prevention and Elimination of Child Labour in Romania, Technical Progress Report No. 3 (Geneva: ILO-IPEC, September 2001), Annex 2 [hereinafter Child Labour in Romania , Technical Progress Report No. 3] [document on file].

1576 Ibid. It is anticipated that the size of the NSC will be reduced.

1577 National Action for the Prevention and Elimination of Child Labour in Romania, project document (Geneva: ILO-IPEC, prepared February 1999, revised May 1999), 6 [document on file].

1578 Ibid.

1579 Child Labour in Romania , Technical Progress Report No. 3.

1580 Government Strategy Concerning the Protection of the Child in Difficulty (2001-2004) (Bucharest: Government of Romania, National Authority for the Protection of the Child and Adoption, May 2001), 15.

1581 Midterm Review Country Program on Child Labor in Romania: Discussion Report (Bucharest: ILO-IPEC, July 2001) [document on file].

1582 SIMPOC Progress Report No. 3 (Geneva: ILO-IPEC, September 2001) [document on file].

1583 Interview with Dr. Diana Nitorescu, executive director, Federation of Nongovernmental Organizations Active in Child Protection (FONPC) with U.S. Department of Labor official, Bucharest, July 23, 2001.

1584 Ibid.

1585 Romanian Constitution, Article 32.

1586 “Street Children in Bucharest”at 13.

1587 Ibid.

1588 Progress Report on the Implementation of the U.N. Convention .

1589 Romania: Education for All at Section 1.2.

1590 The payment amount was increased as a result of Government Decision 173/1998. See Progress Report on the Implementation of the U.N. Convention. Currency conversion rate is as of June 1, 1998.

1591 Progress Report on the Implementation of the U.N. Convention .

1592 Romania: Education for All at Section 2.2.1.

1593 Ibid. at 1.2.3. For example, NGOs providing service to abandoned children, street children, or children with special needs include Foundation for an Open Society, SOS Children Association, For Our Children—Bucharest, Ion Creanga Children’s Home, Foundation for Children, House of Home, and many others.

1594 Education for All: Year 2000 Assessment—Romania .

1595 Ibid.

1596 See Chapter 1, Section C, 5, for a fuller discussion of the information presented in the box. See also Appendix B for further discussion, and Tables 14 through 19 for figures on government expenditure over a range of years.

 

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