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>

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.

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

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 ratified the 2000 UN TIP Protocol in March 2005.

Lebanon ratified the 2000 UN TIP Protocol in October 2005.

In 2008 Luxembourg was a destination country for women trafficked transnationally for the purpose of commercial sexual exploitation. During the reporting period, women were trafficked from Bulgaria and Ukraine. According to the Luxembourg Red Cross, an increasing number of women from Africa and Latin America were engaged in prostitution in the country, and could be victims of trafficking.

Human trafficking in Canada is prohibited by law, and is considered a criminal offence whether it occurs entirely within Canada or involves the "transporting of persons across Canadian borders. Public Safety Canada (PSC) defines human trafficking as "the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery."

Tunisia ratified the 2000 UN TIP Protocol in July 2003.

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.

In 2009, Paraguay was a source and transit country for women and children subjected to trafficking in persons, specifically sex trafficking, as well as a source and transit country for men, women, and children in forced labor. Most Paraguayan trafficking victims were found in Argentina, Spain, and Bolivia; fewer victims were exploited in Brazil, Chile, France, South Korea, and Japan. In one case, 44 suspected Paraguayan trafficking victims were detained at the international airport in Amsterdam, and Dutch authorities arrested the alleged trafficking offender. In another case, 13 Paraguayan women were found in conditions of forced prostitution in a brothel in La Paz, Bolivia. Paraguay was a destination country for 30 Indonesian orphans, who were allegedly brought into the country for a long-term soccer camp, but who the government suspects are trafficking victims.

In 2009 Morocco was 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 were 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 were exploited for forced labor and prostitution in European and Middle Eastern countries. Young Moroccan girls from rural areas were recruited to work as child maids in cities, but often experienced non-payment of wages, threats, and physical or sexual abuse, and sometimes faced restrictions on movement. These practices indicate that these girls are subjected to involuntary servitude. Moroccan boys experienced forced labor as apprentices in the artisan and construction industries and in mechanic shops. A few Moroccan men and boys were 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 entered Morocco voluntarily but illegally with the assistance of smugglers; once in Morocco, some of the women were coerced into prostitution or, less frequently, forced into domestic service. Nigerian gangs, who engaged in a variety of criminal activities like human smuggling and drug trafficking, competed to control the trafficking of sub-Saharan Africans in Morocco.

Bulgaria ratified the 2000 UN TIP Protocol in December 2001.

Ecuador ratified the 2000 UN TIP Protocol in September 2002.

<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.

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.

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. Archived from the original on February 26, 2018. 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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