Suchergebnisse

ABSTRACT: Domestic violence is one of the most common crimes in Romania, with multiple causes ranging from poverty and alcohol consumption to social constraints and lack of education. The increased reporting of domestic violence has led decision-makers to identify effective legal measures for the protection of victims, in particular, limiting immediate risks to their physical and mental integrity. The present paper aims to present some legal instruments that the Romanian legislator makes available to the police to allow immediate protection of the person who has become a victim of domestic violence. The article is focused mainly on the analysis of the temporary protection order, which is a recent legal instrument introduced into domestic violence legislation. The temporary protection order is a measure to immediately safeguard the protection of victims of domestic violence, but in practice difficulties have been identified in its application. There is also controversy over its application and the potential violation of the legal rights of the alleged aggressors. We will examine the application of the temporary protection order in practice and its effects in relation to its purpose, with reference to its correlation to the other instruments already regulated and the possibilities for improving the legislation. KEYWORDS: domestic violence, abusive relationship, victim protection, temporary protection order

ABSTRACT: The rapid emergence and evolution of the SARS-COV-2 epidemic in Romania has led national state authorities to adopt a series of measures limiting citizens' constitutional rights. These measures were ordered to limit the spread of the pandemic on national territory and were established by Presidential Decree on March 16, 2020. The Presidential Decree no. 195/2020 - on the establishment of emergency status on Romanian territory, allowed the limitation of certain constitutional rights, including those of institutionalized persons, for 30 days. The main rights affected were the right to free movement, the right to intimate, family and private life, the right to education, and the right to private property. Later, the government decree under which the state of alert was ordered extended some of these legal limitations, to the present day. In Romania, the persons in institutions, including the elderly, persons with disabilities and children, remain among the most vulnerable during the current state of alert. In the present study, we will analyse the effects of limiting the constitutional rights of institutionalized persons during the state of emergency and state of alert, pointing out the main issues raised by the Ombudsman and referencing some legal and practical solutions proposed by NGOs and the EU institutions. KEYWORDS: human rights, SARS-CoV-2, institutionalized persons, elderly, adults and children with

As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania.