Prostitution in Romania

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Prostitution in Romania is not itself criminalized, although associated activities, such as procuring, are criminal offenses, and solicitation is a contravention punishable by fines.

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In the late 19th century and the first half of the 20th century there were legalized brothels, but these were closed by the communist regime in the late 1940s, and prostitution itself became a criminal offense in 1957. [1] Prostitution was decriminalized in 2014, as the new Penal code of Romania, which came into force on 1 February 2014, no longer contains such a criminal offense. Prior to that date, it was considered a criminal offense (infracţiune) punishable by up to a year imprisonment. [2]

There had been proposals in the past to legalize and regulate prostitution (such as in 2007) [3] but these were rejected, especially as Romania is a party to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, which states that prostitution is "incompatible with the dignity and worth of the human person and endanger[s] the welfare of the individual, the family and the community" and binds countries which ratify it to ban organized prostitution such as pandering or running a brothel. According to the official explanations of the Ministry of Justice, with regard to the new penal code "the fact that prostitution will be excluded from criminal penalties does not mean "legalizing "it, transforming the activity into one regulated or permitted by law, because the persons practicing prostitution will still be sanctioned with a contravention." [4] The Association for the Promotion of Women in Romania opposes legalized prostitution, as they view prostitution as "another form of violence against women and girls". [5] The Romanian Orthodox Church also opposed the legalisation. [3]

In 2008 an EU-funded survey by TAMPEP found Romania was top country of origin of migrant sex workers in the EU. [6]

On January 20, 2010, Iana Matei was named "European of the Year" by Reader's Digest for finding and rehabilitating victims of forced prostitution. [7] [8] [9] [10]

Solicitation is an administrative offence (contravenție) punishable by a fine of 500–1500 lei (approximately 110–330 euros as of 2016). [11] The National Police, Local Police and Gendarmes are all responsible for enforcing the laws, but there are reports that law enforcement is corrupt and sometimes violent. [12]

Clients are not prosecuted, unless they knowingly use the services of a victim of forced prostitution, [13] or the prostitute is a minor (Art. 2161) [13]

Article 213 [14] criminalizes procuring; it states that "The causing or facilitation of the practice of prostitution or the obtaining of financial benefits from the practice of prostitution by one or more individuals shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights." In certain aggravated circumstances, the punishment increases. The penal code also criminalizes several offenses against slavery, human trafficking, child trafficking, forced labour, and using exploited persons (Art. 182 Exploitation of a person, Art. 209 Slavery, Art. 210 Trafficking in human beings, Art. 211 Trafficking in underage persons, Art. 212 Pressing into forced or compulsory labor, Art. 216 Use of an exploited person’s services). [15]

Sex trafficking

There has been a growing awareness of human trafficking as a human rights issue in Europe. The end of communism has contributed to an increase in human trafficking, with the majority of victims being women forced into prostitution. [16] [17] Romania is a country of origin and country of transit for persons, primarily women and children, trafficked for the purpose of sexual exploitation. The Romanian government has shown some commitment to combat trafficking but has been criticized for failing to fully comply with the minimum standards for the elimination of trafficking. [18] [19] Authorities opened 864 new trafficking cases in 2016 (858 in 2015), and prosecutors indicted 358 suspected traffickers in 2016 (480 in 2015). Courts convicted 472 traffickers in 2016 (331 in 2015). [20]

Romania is a destination country for a limited number of foreign trafficking victims, including sex trafficking victims from Italy and Armenia. Government officials have been convicted of human trafficking crimes, and there have been reports of local officials obstructing trafficking investigations. [20] The government reported two cases of official complicity in 2016. In one case, a police officer was sentenced to two years imprisonment for repeated trafficking of minors and nine months for establishing a criminal enterprise. In the other case, a judge received eight months for using the services of an exploited person and 16 months imprisonment for blackmail. [20]

Articles 210, 211, and 367 of the penal code prohibit all forms of trafficking and prescribe penalties of three to 10 years imprisonment. [20]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Romania as a 'Tier 2' country. [20]

Related Research Articles

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

<span class="mw-page-title-main">Human rights in Romania</span> The problems and the constitutional rights.

Human rights in Romania are generally respected by the government. However, there have been concerns regarding allegations of police brutality, mistreatment of the Romani minority, government corruption, poor prison conditions, and compromised judicial independence. Romania was ranked 59th out of 167 countries in the 2015 Democracy Index and is described as a "flawed democracy", similar to other countries in Central or Eastern Europe.

Prostitution was legal in Israel until December 2018, but organised prostitution in the form of brothels and pimping were prohibited. Legislation passed in the Knesset on 31 December 2018 that criminalises the "clients" of prostitutes came into force in May 2020, and was regulated since July 2020 under the Israeli Abolition of Prostitution Consumption Law, where fines will be cast for consumption of prostitution services from an adult. This legislation makes Israel the tenth country to adopt the "Nordic model". The Ministry of Social Affairs and Social Services estimates there to be 14,000 prostitutes in the country.

Prostitution in Portugal is legal, but it is illegal for a third party to profit from, promote, encourage or facilitate the prostitution of another. Consequently, organized prostitution is prohibited.

<span class="mw-page-title-main">Prostitution in Ukraine</span> Overview of prostitution in Ukraine

Prostitution in Ukraine is illegal but widespread and largely ignored by the government. In recent times, Ukraine has become a popular prostitution and sex trafficking destination. Ukraine is a source, transit, and destination country for women and children trafficked transnationally for the purposes of commercial sexual exploitation. Ukraine's dissolution from the Soviet Union, saw the nation attempt to transition from a planned economy to a market economy. The transition process inflicted economic hardship in the nation, with nearly 80% of the population forced into poverty in the decade that followed its independence. Unemployment in Ukraine was growing at an increasing rate, with female unemployment rising to 64% by 1997. The economic decline in Ukraine made the nation vulnerable and forced many to depend on prostitution and trafficking as a source of income. Sex tourism rose as the country attracted greater numbers of foreign tourists.

Prostitution in Cameroon is illegal but tolerated, especially in urban and tourist areas. In the capital, Yaoundé the main area of prostitution is the neighbourhood of Mini Ferme. UNAIDS estimate there are 112,000 sex workers in the country.

<span class="mw-page-title-main">Prostitution in Europe</span>

The legality of prostitution in Europe varies by country.

Prostitution in Azerbaijan is illegal but common. Prostitution is an administrative offence and punishable by a fine. Keeping a brothel is a criminal offence and punishable by up to 6 years' imprisonment. In 2017 a draft law proposing to add heavy fines to the punishment for keeping a brothel was before the National Assembly. It has been estimated that there are 25,054 prostitutes in Azerbaijan, some of which are aged 15 to 18.

Uruguay is a source and transit country for men, women, and children trafficked for purposes of commercial sexual exploitation and forced labor. Most victims are women, girls, and some boys trafficked within the country to border and tourist areas for sexual exploitation. A government agency has found that families had facilitated the exploitation of many children in prostitution. Impoverished parents reportedly turn over their children for domestic and agricultural servitude in rural areas. Some Uruguayan women have been trafficked to Spain and Italy for sexual exploitation. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

Lebanon is a destination for Asian and African women trafficked for the purpose of domestic servitude, and for Eastern European and Syrian women trafficked for the purpose of commercial sexual exploitation. Lebanese children are trafficked within the country for the purpose of commercial sexual exploitation and forced labor in the metal works, construction, and agriculture sectors. Women from Sri Lanka, the Philippines, and Ethiopia migrate to Lebanon legally, but often find themselves in conditions of forced labor, through unlawful withholding of passports, non-payment of wages, restrictions on movement, threats, and physical or sexual assault. During the armed conflict in July 2006, Sri Lankan domestic workers reported being restricted from leaving the country by their employers. Eastern European and Syrian women come to Lebanon on "artiste" visas, but some become victims of trafficking for commercial sexual exploitation when they are subjected to coercive acts such as unlawful withholding of passports, restrictions on movement, threats, and physical assault. Since the refugee crisis in Syria, the sex trade and trafficking of Syrian girls and women has increased in Lebanon.

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. In 2009, one Tunisian female was rescued from forced prostitution in Lebanon. In 2008, two women were rescued from forced prostitution in Jordan and three men from forced labor in Italy. Based on limited available data, some Tunisian girls may be trafficked within the country for involuntary domestic servitude. In 2009 a Tunisian academic published a study on Tunisian domestic workers. The study, conducted in 2008, surveyed 130 domestic workers in the Greater Tunis region and found that 52 percent were under the age of 16; twenty-three percent claimed to be victims of physical violence, and 11 percent of sexual violence. Ninety-nine percent indicated they had no work contracts and the majority received salaries below the minimum wage. These conditions are indicators of possible forced labor.

Prostitution in Kosovo is illegal, and can incur a prison sentence of up to sixty days. The Global Fund to Fight AIDS, Tuberculosis and Malaria's HIV Program in Kosovo estimated there to be 5,037 prostitutes in the country. Many women turn to prostitution through poverty.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

Papua New Guinea is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children are subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men are forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, are most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sell girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage are often forced into domestic servitude for the husband’s extended family. In more urban areas, some children from poorer families are prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines are subjected to forced prostitution, and men from China are transported to the country for forced labor.

Morocco is a source, destination, and transit country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Children are trafficked within the country from rural areas to urban centers to work as maids or laborers, or for commercial sexual exploitation. Moroccan men, women, and children are exploited for forced labor and prostitution in European and Middle Eastern countries. Young Moroccan girls from rural areas are recruited to work as child maids in cities, but often experience non-payment of wages, threats, and physical or sexual abuse, and sometimes face restrictions on movement. These practices indicate that these girls are subjected to involuntary servitude. Moroccan boys experience forced labor as apprentices in the artisan and construction industries and in mechanic shops. A few Moroccan men and boys are lured to Europe by fraudulent job offers, and are subsequently forced to sell drugs. In addition, men and women from sub-Saharan Africa, South Asia, and the Philippines enter Morocco voluntarily but illegally with the assistance of smugglers; once in Morocco, some of the women are coerced into prostitution or, less frequently, forced into domestic service. Nigerian gangs, who engage in a variety of criminal activities like human smuggling and drug trafficking, compete to control the trafficking of sub-Saharan Africans in Morocco.

<span class="mw-page-title-main">Human trafficking in the Czech Republic</span>

The Czech Republic is a source, transit, and destination country for people subjected to human trafficking, both women in forced prostitution, and men and women working in forced labor. Women from the Czech Republic, Slovakia, Ukraine, Russia, Romania, Bulgaria, Vietnam, Mongolia, and Brazil are subjected to forced prostitution in the Czech Republic and also travel through the Czech Republic en route to forced prostitution in other European countries, including Austria, Germany, Switzerland, and Serbia. Many Roma women from the Czech Republic are subjected to forced prostitution domestically as well as abroad. Men and women from Russia, Ukraine, Kyrgyzstan, Uzbekistan, Romania, Vietnam, Mongolia, Thailand, and Belarus are subjected to forced labour in the construction, forestry, agricultural, and service sectors and are exploited within and transited through the Czech Republic to other countries in the European Union. Czech citizens are also subjected to forced labour in the United Kingdom.

Victims of human trafficking in Ecuador are generally women and children trafficked within the country from border and central highland areas to urban centers for commercial sexual exploitation, as well as for involuntary domestic servitude, forced begging, and forced labor in mines and other hazardous work. Ecuador prohibits human trafficking in its penal code, and penalties are commensurate with other serious crimes. Despite robust law enforcement efforts to combat trafficking, conviction rates remain low. The Ecuadorian government has ensured trafficking victims' access to legal, medical, psychological, and shelter services, in large part through its partnership with a network of NGOs. The government has also undertaken advertising campaigns against human trafficking, particularly child labor and child sex tourism. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

<span class="mw-page-title-main">Human trafficking in Finland</span>

Finland is a transit, destination, and a limited source country for women, men and girls subjected to forced marriage, forced labor and sex trafficking. Finnish legislation condemns trafficking as a crime and has met the standards of the EU Protocol even before the convention came into effect. NGOs and the government cooperate in providing help for the victims of trafficking in Finland. Although the Finnish Police investigated and referred more people to care in 2013, prosecution and conviction numbers of suspected offenders remain low relative to the number of potential victims. The government is currently working on improving the anti-trafficking laws and practices to improve the situation. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017.

Prostitution in Cape Verde is legal and commonplace. There are no prostitution laws on the islands except for those concerning trafficking and child prostitution. UNAIDS estimate there are 1,400 prostitutes in Cape Verde, and many were from Ghana and Senegal before being expelled by the police. Some turn to prostitution through poverty.

The Penal Code of Romania is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law. Judicial discretion is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014.

Prostitution in Monaco is legal, but organized prostitution is prohibited. Solicitation is also illegal. Forcing another person into prostitution is illegal, with penalties from six months to three years of imprisonment, plus a fine. A husband who forces his wife to engage in prostitution can be sentenced to one to five years of imprisonment plus a fine.

References

  1. ↑ “Bordelurile și fetițele dulci din Bucureștiul de altădată, Historia
  2. ↑ "Criminal Code" (PDF). Government of Romania. 2012. Retrieved 24 February 2018.
  3. 1 2 "Romania minister plans to legalise prostitution". Reuters. 28 February 2007. Retrieved 24 February 2018.
  4. ↑ "Legea No 286/2009". Romanian Ministry of Justice. Archived from the original on 8 March 2015. Retrieved 26 November 2018.
  5. ↑ Paula. "APFR - APFR". apfr.ro. Asociatia pentru Promovarea Femeii din Romania (Association For The Promotion Of Women In Romania APFR). Archived from the original on 12 August 2014. Retrieved 2 November 2015. APFR considera prostitutia o alta forma de violenta impotriva femeii, de aceea a luat pozitie ferma impotriva legalizarii acesteia. Atitutdinea organizatiei este sustinuta si de rezultatele unei cercetari efectuate in cadrul organizatie care arata situatia prostitutiei in diferite tari, atat in cele care au legalizat-o cat si in cele care au legi impotriva ei.
  6. ↑ "Romania 'tops EU sex worker list'". BBC. 26 January 2010. Retrieved 24 February 2018.
  7. ↑ The Romanian who helps rebuild the lives of abused women, Denisa Marunteanu and Dan Alexe, January 29, 2010, EUobserver.com
  8. ↑ Roxana Lupu (3 February 2010). "European of the Week: Iana Matei, against human trafficking". Adevărul.
  9. ↑ Iana Matei est l'Européenne de l'année Archived 2012-11-20 at the Wayback Machine , Selection, Reader's Digest, (in French)
  10. ↑ Rescued from sex slavery, 48 Hours goes undercover into the international sex slave trade, Rebecca Leung, July 22, 2005, CBS News 48 Hours.
  11. ↑ "Romania". SWAN. Retrieved 24 February 2018.
  12. ↑ "Sex Work Law - Countries". Sexuality, Poverty and Law. Retrieved 24 February 2018.
  13. 1 2 "Art. 216 Noul Cod Penal Folosirea serviciilor unei persoane exploatate Traficul şi exploatarea persoanelor vulnerabile" [Art. 216 New Criminal Code Use of services of an exploited person Trafficking and exploitation of vulnerable persons]. LegeAZ (in Romanian). Retrieved 19 August 2018.
  14. ↑ "Art. 213 Noul Cod Penal Proxenetismul Traficul şi exploatarea persoanelor vulnerabile" [Article 213 New Criminal Code Proxentism Trafficking and exploitation of vulnerable persons]. LegeAZ (in Romanian). Retrieved 19 August 2018.
  15. ↑ "Noul Cod Penal actualizat 2017 - Legea 286/2009". legeaz.net. Retrieved 2 October 2017.
  16. ↑ default Archived 2004-03-07 at the Wayback Machine
  17. ↑ "A modern slave's brutal odyssey". BBC News. 2004-11-03. Retrieved 2010-05-04.
  18. ↑ "V. Country Narratives -- Countries Q through Z". State.gov. Retrieved 2 October 2017.
  19. ↑ "Romania - Coalition Against Trafficking of Women". Catwinternational.org. Archived from the original on 16 July 2010. Retrieved 2 October 2017.
  20. 1 2 3 4 5 "Romania 2017 Trafficking in Persons Report". U.S. Department of State. Archived from the original on 3 July 2017. Retrieved 24 February 2018.PD-icon.svg This article incorporates text from this source, which is in the public domain .
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