As noted above, the 1991 Constitution recognizes the principle of equality between men and women but it does not touch on the subject of discrimination on transgender issues nor on aspects related to sexual orientation. A research conducted in respect of Romanian bodies of law and regulations evidences that there is scarce mention of the term itself – transgender – or related terms. Historically, there are media reports of transgender surgeries being performed in Romania and, reportedly, they may be compensated from the national healthcare fund if the transgender beneficiary has paid her or his contribution.1
However, aside from the medical dimension, rights of transgender persons in Romania are not expressly provided for in any of the relevant legislation and there are no specific inferences which can be made in relation to the discrimination against transgender women in particular. The rights of transgender persons are protected and included in the more general provisions on equality of the Government Ordinance No. 137/2000 on the prevention of discrimination (the “Antidiscrimination Act 2000”)2.
With respect to the administrative dimension of the rights of transgender persons, the Government Ordinance No. 41/2003 (“Name Change Ordinance”) on the obtaining and administrative change of the names of individuals3 provides that it is deemed sufficient reason to change one’s name by administrative procedure when the person’s sex change operation has been permitted by a final, definitive and irrevocable court ruling and the respective person intends to bear a name corresponding to their gender following the operation and a medical certificate is presented as proof of the transgender person’s post-operation physical gender.4
- 1. http://www.mediafax.ro/social/cum-decurge-o-operatie-de-schimbare-de-sex-8303707
- 2. Government Ordinance No. 137/2000 dated 31 August 2000 on the prevention and sanctioning of all forms of discrimination , as subsequently amended.
- 3. Government Ordinance No. 41 dated 30 January 2003, published in the Official Gazette No.68 dated 2 February 2003, as subsequently amended, (http://lege5.ro/gratuit/gq3dgnrs/ordonanta-nr-41-2003-privind-dobandirea... Romanian text)
- 4. Name Change Ordinance, Article 4(2)(l).