Romania
Romania
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | Romania protects freedom of association in its first constitution, adopted in 1866. Under Article 27, “Romanians have the right to associate, [in accordance with] the laws that regulate the exercise of this right.” “Constitutiunea Romaniei din 1866.” Constitutia Romaniei, July 24, 2023, https://www.constitutia.ro/const1866.htm. |
| Freedom of Expression | History | Freedom of expression was first protected by Romania’s current semi-presidential regime through Article 30 of the country’s 1991 Constitution. Article 30 of the 1991 constitution reads, "(1) The freedom to express ideas, opinions, and beliefs and the freedom of creation of any kind — orally, in writing, through images, by means of sound, or by any other means of public communication — are inviolable. (2) Censorship of any kind is prohibited."
However, the right was first protected in the land when it was known as the Kingdom of Romania through the 1866 Constitution. It was also asserted in the 1923 constitution, which was influenced by democratic principles following World War I. Article 5 of this constitution states, “Romanians, irrespective of ethnic origin, language or religion, shall enjoy freedom of conscience, freedom of education, freedom of the press, freedom of assembly, freedom of association and all freedoms and rights established by law”. References: “Constitution of 30 June/12 July 1866, as Amended 13/25 October 1876 and 8/20 June 1884.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.cow/stwar0001&i=525 “The Constitution of Romania.” President of Romania. Accessed July 17, 2023. https://www.presidency.ro/en/the-constitution-of-romania “Constitution of 1923.” Royal House of Romania Hohenzollern-Sigmaringen Accessed June 7, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/text-constitution-of-1923.
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| Freedom of Religion | History | Romania enacted its first constitution in 1866 which held until it was rewritten in 1923. Title II, Article XXI of the 1866 Constitution of Romania states guarantees the freedom of conscience so long as the celebration of those religions and faiths do not pose a threat to public order. It also acknowledges the Oriental Orthodox religion as the dominant religion while also asserting government oversight of the Romanian Orthodox Church, which was considered the national religion of the state at the time.
Sources: “1866 CONSTITUTION.” n.d. THE ROYAL HOUSE of HOHENZOLLERN-SIGMARINGEN ROMANIA. Accessed August 3, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/constitution-1866. |
| Freedom of the Press | History | Article 30 of Romania’s 1991 Constitution protects press freedom: “The freedom to express ideas, opinions, and beliefs, and the freedom of creation in any form-orally, in writing, through images, by means of sound, or by any other means of public communication-are inviolable…Freedom of the press also includes the freedom to establish publications" (Constitute Project, “ Romania’s Constitution of 1991 with Amendments through 2003” ). |
| Privacy Rights | History | The first constitution of Romania was enacted in 1866 and contains two references to privacy rights. Article 15 states “The domicile is inviolable. No domiciliary visit can be made except in the cases expressly provide for by the law and in the form which is prescribes. Article 25 states “The privacy of letters and of telegraphic dispatches is inviolable. A law shall determine the responsibility of the agents of the government for the violation of this privacy of letters and dispatches entrusted to the post and to the telegraph.” (Wright, 1919). Article 26 of the current Romanian Constitution outlines personal and family privacy rights in Romania. It states, “The public authorities shall respect and protect the intimate, family, and private life” (Constitution of Romania). The Romanian Constitution goes on to extend privacy rights to domiciles, which is outlined in Article 27. “The domicile and the residence are inviolable. No one shall enter or remain in the domicile or residence of a person without his consent.” (Constitution of Romania). Romania is a member of the European Union, which passed the General Data Protection Regulation (GDPR) in 2016. This regulation establishes rules for the protection of peoples data and establishes that citizens have the right to data protection. “This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.” (General Data Protection Regulation 2016/679). Romania, as well as every EU member state, follows these regulations and it allows all EU member countries to have synchronized data protection/privacy regulations.
References: Constitution of Romania. “Chapter II: Fundamental Rights and Freedoms.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzro0001&id=6&collection=cow&index=#. General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. |
| Voting Rights and Suffrage | History | Article 36 of Romania’s Constitution grants citizens over the age of 18 who are mentally sound and have not had voting privileges revoked in court may vote. Articles 62 and 81 state that The Chamber of Deputies and the President are elected via universal, equal, direct, and secret suffrage (Constitute Project, “ Romania’s Constitution of 1991 with Amendments through 2003” ). |