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.