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II. Key Recommendations

To the Government of Romania

  • Provide effective and appropriate sanctions for discrimination against people living with HIV in relation to access to and enjoyment of services or goods. Sanctions should be enforceable against all civil servants and medical, social, and educational personnel who breach confidentiality.
  • End mandatory HIV testing as a condition of employment and ensure that persons living with HIV are not unnecessarily prevented from working or attending vocational school.
  • Ensure that people living with HIV have adequate access to necessary routine and emergency medical care, including mental health care and palliative or hospice care for persons with terminal stage AIDS, and to medications needed to treat HIV and common opportunistic infections.
  • Protect children and youth living with HIV from abuse and neglect, and ensure that HIV-positive children and youth with mental and physical disabilities enjoy the right to special care suitable to their condition.
  • Ensure that children and youth living with HIV are fully informed on how their rights and benefits will change after turning eighteen, and that children and youth in foster, extended family, and residential care are adequately prepared for independent living. Provide appropriate continuing services to young adults who many require them.
  • Ensure that children and youth living with HIV have access to education that is appropriate to their needs, including access to accurate information on reproductive health and HIV and AIDS.
  • Repeal article 384 of the Criminal Code, which criminalizes the knowing transmission of HIV.
  • Reform the working methods and membership of the National Committee for HIV/AIDS Surveillance, Control and Prevention to ensure that it is able to fulfill its mandate, as provided under Law 584/2002.

To the European Union

  • Insist that the Romanian government take steps to enforce the prohibition on discrimination on the basis of HIV status and to provide an appropriate remedy to victims of such discrimination.
  • Ensure that adequate implementation of anti-discrimination legislation with regard to HIV status forms an integral part of broader EU efforts to promote equality and non-discrimination in Romania.
  • Encourage the Romanian government to adopt all necessary legal and policy measures set out in the recommendations above as soon as possible, making clear that accession to the EU will not mean an end to active EU pressure in this regard. In cooperation with the Romanian government, formulate concrete benchmarks for the reform steps that are required to meet the recommendations above, with specific timelines for their fulfillment.

To Other International Donors

  • Prioritize funding for the labor and social integration of adolescents aging out of Romania’s child protection system, with an emphasis on the needs of adolescents living with HIV. Such funding should be conditioned on a clear set of benchmarks and on legal and policy change.
  • Urge the government of Romania to act quickly to fulfill its commitment to take over Phare and Global Fund to Fight AIDS, Tuberculosis, and Malaria projects on HIV currently being implemented by NGOs. Consider giving bridge funding to NGOs providing crucial services to persons living with HIV, to ensure that their beneficiaries are not left without these services during the transition.
  • International financial institutions such as the World Bank and the European Bank for Reconstruction and Development should incorporate language reflecting the concerns expressed in this report in their next country strategies for Romania, and encourage the Romanian authorities to pursue reforms to address them.

<<previous  |  index  |  next>>August 2006