Homosexual rights in Romania

Doc. 7477

26 January 1996

WRITTEN QUESTION No. 364

by Mr Van der MAELEN

            In its Recommendation 924 (1981), the Parliamentary Assembly asked the Committee of Ministers to call upon members states where homosexual acts between consenting adults were subject to prosecution to abolish such laws and practices and apply the same age of consent for homosexual and heterosexual acts alike.

            In its Opinion No. 176 (1993) on Romania's request for membership of the Council of Europe, the Parliamentary Assembly asked Romania to amend its legislation so that Article 2000 of the Penal Code would no longer consider homosexual relations in private between consenting adults as an offence.

            The Romanian Chamber of Representatives has passed a law legalising homosexuality unless it provokes a public scandal, in which case it is punishable with 5 years' imprisonment. Under Romanian law the notion of "public scandal" has the meaning of "any act known to more than two persons who disapprove thereof." According to the Bucharest Acceptance Group, a Romanian homosexual association, the legal status of homosexuals has been altered, in appearance only, just to please the Council of Europe. In practice, the plight of homosexuals has not changed and they are still unable to be open in their public or political lives. Moreover, under Romanian law, any form of association or publicity relating to homosexuality is punishable with a long prison sentence.

            Mr van der MAELEN,

            To ask the Committee of Ministers,

            What it intends to do so that Romania will end discrimination against homosexuals and comply with the European Convention on Human Rights which it has signed.

Signed:

van der Maelen, Belgique, SOC