In a recent ruling, the European Court of Human Rights (ECHR) has highlighted Romania’s inadequate enforcement of the rights of same-sex couples, a decision that compels policymakers to take immediate action in expanding protections for the LGBT community. Despite decriminalizing homosexuality in 2001, Romania remains socially conservative, denying marriage and civil partnerships to same-sex couples.
The ECHR’s verdict, which identifies the government’s breach of the European convention on human rights, comes as a response to the challenges brought forth by 21 Romanian same-sex couples between 2019 and 2020. These couples contended that Romania’s refusal to recognize their unions as families subjected them to various forms of discrimination, including limited access to healthcare decisions, joint medical insurance, property rights, and employment benefits reserved solely for married couples.
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To rectify this situation, the Romanian government has been granted three months to determine whether it will appeal to the European court to refer the case to its top chamber. Iustina Ionescu, the human rights lawyer who presented the case, emphasized that the ruling includes an enforcement mechanism, obligating the Romanian state to account for its actions in acknowledging and establishing a legal framework to protect same-sex families.
The court highlighted that several legislative proposals seeking to extend civil unions to include same-sex couples were introduced between 2016 and 2019 but failed to secure parliamentary approval. Additionally, four similar draft laws had been rejected by 2020. Notably, a referendum in 2018 aimed at amending Romania’s constitution to prevent same-sex couples from marrying did not attract sufficient voter participation.
A survey conducted in 2021 by the LGBT rights group ACCEPT revealed that 71% of Romanians believe that legal recognition of civil marriage for same-sex couples would have no impact on their lives. However, only 43% expressed support for such recognition. These findings underscore the need for continued education and advocacy to promote inclusivity and equality within Romanian society.
As Romania grapples with the ECHR’s ruling, the country stands at a crossroads in its commitment to protecting the rights of same-sex couples. The decision serves as a crucial call to action, urging lawmakers to foster a more inclusive society that values and safeguards the rights and dignity of all its citizens, regardless of sexual orientation or gender identity.
