More information
Description
The project proposal aims to improve the execution of European Court of Human Rights (ECHR) decisions and the application of the European Commission against Racism and Intolerance (ECRI) recommendations in Romania on the criteria of sexual orientation and gender identity. The project contributes to preventing and combating intolerance and discrimination of vulnerable groups by promoting dialogue and partnership between civil society and authorities. Within the project, four mechanisms for the protection of LGBTI people will be developed (a working group for the implementation of ECHR judgments on the criteria of the SOGI co-facilitated by the Ombudsman, which promotes the inter-institutional dialogue in the field; the issuance of two recommendations on the implementation of the ECHR judgments and AC &X and Y cases, with the support of People''s Advocate Institution; drafting a manual for the correct application of the investigation methodology on motivated crimes of hate). It will also increase the professional capacity of 280 magistrates, 160 police men and 40 officials / employees of the authorities involved in the execution of ECHR judgments through 24 training sessions regarding CoE standards on LGBTI rights as human rights and the professionalization of these groups in the field of criminal investigation of hate crimes. To ensure access to justice and appropriate remedies, comprehensive services will be provided to 800 LGBTI people who are victims of violations of their rights. The project aims to combat discrimination based on sexual orientation and gender identity, including by organizing an information and awareness campaign at national level on the rights of LGBTI people (for 500,000 people).
Summary of project results
At the level of Romanian society (including professionals) there are many preconceptions, prejudices and stereotypes regarding LGBTI people. When they interact with police/justice authorities, they frequently experience discrimination based on their gender identity and sexual orientation. The project aimed to address these issues in order to destigmatize LGBTI people and helping in the long term to better identify and investigate violence against LGBTI victims.
In addition, the Romanian authorities have to implement the decisions of the ECHR related to the rights violations against LGBTI people, generated by sexual orientation and/or gender identity. The two cases from Romania referred to the ECHR (MC and AC & X and Y cases) created the opportunity for the authorities to cooperate closely with the civil society, to improve national legislation, public policies and institutional practice.
The project developed four mechanisms for the protection of LGBTI people:
- an interinstitutional working group for the implementation of ECHR decisions co-facilitated by the Ombudsperson Institution, which promotes interinstitutional dialogue
- two Ombudsperson recommendations on implementing ECHR judgments in MC and AC & X and Y cases
- a Handbook for the investigation of hate crimes based on sexual orientation and gender identity
- training courses on the Council of Europe standards on the rights of LGBTI people for professionals involved in the execution of ECHR judgments
Among the most relevant project results we can mention the following:
- in partnership with the Prosecutor''s Office of the High Court of Cassation and Justice, 18 training sessions were organized for 325 professionals were trained (160 police officers and 165 prosecutors) in the field of investigating hate crimes directed against LGBTI people
- in collaboration with the National Institute of Magistracy, during 8 training sessions 142 judges and jurists from the institutions, benefited from capacity building regarding the ECHR standards of non-discrimination
- 1,003 from the LGBTI community who face discrimination or are victims of hate crimes benefited from comprehensive assistance (legal advice, psychological advice, guidance in transition, community outreach)
- a national study on the perception of Romanians towards the rights of LGBTI persons
- 9 recommendations issued by the Ombudsman Institution for the implementation of ECtHR judgments in the MC and AC, X and Y cases
- an analysis of the necessary measures for the implementation of the ECHR Decisions on the rights of LGBTI persons, which constitutes an advocacy tool in relation to institutions and decision-makers
- a Brochure about the ECHR Standards for non-discrimination of LGBTI persons was published
- a national awareness and awareness campaign on the rights of LGBTI people (Protect All Families) - 6 campaign events for the LGBTI community and allies; a TV spot featuring LGBT mothers and their children was developed for the first time; over 4.5 million people who saw the spot on TV; several millions of people were reached online
The national public awareness campaign had a positive impact both on the LGBTI community who had the opportunity to see a positive representation about their families for the first time on national TV stations, as well as on the general population. The results from the national survey indicate a positive change among the society in terms of understanding and support for the rights of LGBTI people. The results will be used in future discussions with policy makers to advance equal rights legislation. Within the national campaign there were collected approximately 25,000 signatures at national level in support of same sex families as well as the approximately 25,000 signatures at the European level. These signatures constitute also a result that will be used in subsequent advocacy efforts.
Following consultations with the transgender community and with the institutions participating in the Working Group, there was developed a proposal for a dignified legal gender recognition procedure in Romania. The proposal was submitted to the Ministry of Justice and represents an advanced point of discussion for subsequent consultations for approval a draft law in this regard.
Through the trainings offered for experts at the national level, the project increased the capacity of the institutions and contributed on a long term to a fair application of the legislation for the protection of the victims.
The Handbook for the investigation of hate crimes based on sexual orientation and gender identity represents a useful tool both for the Public Ministry – Prosecutor''s and its continuing professional training program, as well as for the training program of ACCEPT, offering a better understanding about a proper investigation of hate crimes, with a focus on the aggravating factors associated with SOGI criteria.
The project created the premises for future collaboration between civil society and state institutions on the field of human rights.
Through the involvement of Ombudsman Institution for developing the inter-institutional Working Group and participation of other relevant authorities was settled the framework of collaboration and institutional dialogue on a long term, that will support the Government Agent to monitor and report the implementation progress to the Committee of Ministers of the Council of Europe. The meetings of the Working Group were also reported by the Governmental Agent to the ECHR of Romania as steps taken in the implementation of the ECHR rulings. These are mentioned in the Decision of the Committee of Ministers taken following its meeting/hearing from 8-10 June 2022 in the framework of the sustained supervision procedure of the implementation of this decision: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=0900001680a6ce69. The point 4 of the CM Decision mentions: (the deputies) “4. expressed their strong support to the ongoing process of reflection by the relevant authorities, with significant input from the Ombudsperson''s Institution and civil society, to determine the concrete measures by which they will address the legislative gaps, and to the promising synergies established in this context also with the Council of Europe Sexual Orientation and Gender Identity Unit.”
The partnership with the Prosecutor''s Office and the collaboration with other institutions to implement the in this area is essential in supporting the victims of intolerance with appropriate remedies.
The improvement of the application of ECtHR judgments and ECRI recommendations of the European Council will have a positive impact on the LGBTI persons who are facing discrimination and to the training of relevant authorities on the subject of SOGI.