©Centre for Legal Resources

Bucharest, January 2020

Non-discrimination in Education
An analysis of the current situation from a non-discrimination perspective in multiple
sectors of the Romanian educational system

Coordinator: Cezara David

Authors:
Simona Barbu, Chapter 3
Alexandra Columban, Chapter 2
Cezara David, Chapters 1, 5 and 6
Dani Prisacariu, Chapter 4

This document was elaborated within the project PROGRES – Responsible public policies = Responsible
governance, Code SIPOCA: 142, Cod MySMIS2014: 112374, funded under the Operational Program
Administrative Capacity 2014-2020, Priority Axis 1 - Efficient public administration and judicial system,
Specific Objective 1.1: Development and introduction of common systems and standards in public
administration that optimize citizen-oriented decision-making processes and the business environment
accordingly with SCAP.

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Table of contents

Table of contents .................................................................................................................................. 2

Introduction ........................................................................................................................................... 3
Methodology .......................................................................................................................................... 5
Chapter 1 – Short legislative overview ........................................................................................ 6
Chapter 2 - Gender Equality in the Romanian Educational System ................................. 7
Chapter 3 - Roma children - (non)discrimination and inclusion in the Romanian
educational system ...................................................................................................................................... 14
Chapter 4 - LGBTI young people in the Romanian educational system ....................... 19
Chapter 5 - Good practices and resources in education from a non-discriminatory
perspective...................................................................................................................................................... 25
Plan of measures for the inclusion of non-discrimination in the educational system
of Romania ...................................................................................................................................................... 27

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Introduction
A human rights approach is a conceptual framework for human development based on
international human rights standards and acts directly for the promotion and protection
of human rights. Such an approach will analyse the inequalities that hinder this
development, will redress any discriminatory practices and unfair power distribution.
The basic principles of the human rights approach are: a legal framework that ensures
these rights, transparency, participation, empowerment, non-discrimination, inclusion
and accountability1.

Education and access to education started being approached, in the last decades, more
and more from the perspective of human rights, a perspective of respect for human
dignity. Human rights in education involve three dimensions that are interconnected
and only through the concomitant addressing of all three can be achieved: 1) the right to
access to education - the right of every child to education on equal opportunities and
without discrimination. For this purpose, education must be available, accessible and
inclusive for all children; 2) the right to quality education - which allows the child to
develop and access his or her full potential, to be prepared for the labour market and to
develop life skills. For this purpose, the education should be child-centred, with a
relevant curriculum, with adequate resources and monitoring; 3) the right to respect
within the school environment - the right of every child to respect their dignity and
human rights in the educational system. For achieving this goal, education must be
carried out in a manner that is in accordance with human rights, which includes respect
for each child, opportunities for real participation, elimination of any form of violence
and disrespect for language, culture and religion2.

In the past existed, and still exists nowadays, a failure to raise awareness of the
complexity of barriers that prevent children's access to education. There is a need to
listen to the concerns and needs expressed by children themselves regarding their
education, to build a culture in which all children are respected and equally valued and
to involve parents and the local community in supporting education and to look at the
rights of the child in the educational context3.

The right to non-discrimination and the right to benefit and access education in fair
conditions for all children are not yet implemented in Romania. Independent

1 Office of the United Nations High Commissioner for Human Rights, Frequently Asked Questions on a Human Rights-Based Approach
to Development Cooperation, http://www.ohchr.org/documents/publications/faqen.pdf (pg 22)
2 A Human Rights-Based Approach to EDUCATION FOR ALL, United Nations Children’s Fund/ United Nations Educational, Scientific

and Cultural Organization, 2007, available at

https://www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Education_for_All.pdf
3 A Human Rights-Based Approach to EDUCATION FOR ALL, United Nations Children’s Fund/ United Nations Educational, Scientific

and Cultural Organization, 2007, available at

https://www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Education_for_All.pdf

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monitoring4 shows that there are still deep concerns about Roma children, children with
disabilities, asylum seekers and refugees, LGBTI (lesbian, gay, bisexual, trans-gender,
intersex), children living in rural areas and which are still subject to discrimination in
terms of access to education, as well as access to health care and standard of living. Also,
girls continue to face multiple discrimination and are more exposed to violence and
exclusion.

The main recommendations for Romania from the United Nations are for the state to
ensure full implementation of existing laws prohibiting discrimination, including by
establishing adequate monitoring and reporting mechanisms. UN also recommends
strengthening public education campaigns to address the issue of stigmatization and
discrimination against Roma children, children with disabilities, girls, children seeking
asylum and refugees, LGBTI, as well as ensuring their equal access to education, medical
care, employment and standard of living. The Committee also recommends that, in the
process of addressing the stigma and discrimination of Roma children, the State party
should ensure that it is conducted carefully, to avoid aggravation of segregation.

The European Commission5 has recommendations in the same direction, emphasizing

the issue of respect for human dignity, as one of the core values of the European Union
and protecting the rights of the child, combating social exclusion and discrimination and
promoting justice and social protection. As mentioned above, non-discrimination is the
cornerstone of the actions that Member States must take, respectively ”Promoting
gender equality, integrating gender equality and equal opportunities in policies, and
combating discrimination faced by children and their families, regardless of the reasons
behind this (in particular of discrimination on the basis of sex, race or ethnic origin,
religion or belief, disability, age or sexual orientation), it should be the basis of all efforts
to combat poverty and social exclusion of children ”.

The report „Non-discrimination in education” aimed at elaborating an analysis of the

educational situation at the moment of 2019, from a perspective of non-discrimination
and equal chances within the Romanian educational system. This implied an analysis of
the school curricula and the textbooks, of the process of training – both initial and
continuous – for the teaching staff, regarding specifically gender equality, LGBTQI+
youth and Roma children and youth. The report starts with an introduction, a section on
methodology and a short legislative introduction (chapter 1). The following chapters of
the report approach individually each of the three main themes (Chapter 2 - gender
equality, Chapter 3 - Roma children and youth and Chapter 4 - LGBTQI+ youth),
presenting the specific legislation, methodological considerations and an analysis of the

4 Comitetul pentru Drepturile Copilului Observații finale privind cel de-al cincilea raport periodic al României – iunie 2015, citat de
Salvati Copiii- https://www.salvaticopiii.ro/sci-ro/files/0a/0ab4c7cb-1ff8-458c-a53a-053f5d189015.pdf. Raportul Comitetului este
disponibil la
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fROU%2f5&Lang=en
5 Recommendation of the European Commission "Investing in children: disrupting the vicious circle of disadvantage" (2013/112 /

EU) available at https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:32013H0112&from=EN

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way inclusion takes place within the school establishments in Romania. The report
finally presents the conclusions of the analysis together with recommendations for the
authorities and specialists in the field. In the following pages we present a short
overview of the chapters translated into English.

Methodology
The working methodology for analysing the integrative approach of equal opportunities
and non-discrimination in education that provided the basis for the report "Non-
discrimination in education" was based on a desktop research of the data from the field
and the direct collection of information from the field. The documentation process was
carried out between June and September 2019 and focused on collecting information on
the three topics of interest of the report (equal chances, inclusion of Roma children and
young people and of the LGBTI youth), specifically in the areas: curricula and textbooks,
initial and continuous training of teachers and school segregation/exclusion of Roma
children.

The research of secondary sources included, among others, the consultation of

international and national standards, the consultation of national strategies and plans of
action, and the reports on education and non-discrimination regarding Romania
(sources: National Council for Combating Discrimination, Ministry of National Education,
Romanian Agency for Quality Assurance in Pre-university Education, Institute of
Education Sciences, Commissioner for Human Rights of the Council of Europe, UN
Special Rapporteur on extreme poverty and human rights, the EU Agency for
Fundamental Rights, etc.).

Information requests were transmitted based on the law 544/2001 regarding access to
information of public interest to institutions at central level, as well as to institutions
from the education system in Bucharest and 10 counties. Thus, 37 institutions were
contacted, of which 28 answered6. The methodology included qualitative research,
respectively 24 semi-structured interviews with representatives of the authorities and
organizations active in the field of education7. The research includes conclusions and

6 The Ministry of National Education, the Institute of Educational Sciences, the National Agency for Roma, the National Centre for
Evaluation and Examination, the National Council for Combating Discrimination, the Departments for the Training of Teaching Staff
from Universities, Teachers Associations “Casa Corpului Didactic” and School Inspectorates in Bucharest and selected counties.
7 The 24 interviews were held with the following specialists: Carmen Tomescu, History teacher at Costache Negruzzi National College

Iași; Liviu Gaja, psychologist and researcher at the Association for Liberty and Equality of Gender (A.L.E.G.), Sibiu; Ioana Tămâian,
Lecturer, PhD, at the Faculty of Psychology and Educational Sciences, Babeș-Bolyai University Cluj-Napoca; Laura Grünberg,
Associate Professor, PhD, at the Faculty of Sociology and Social Work, University of Bucharest; Adriana Ciorcilă, English teacher and
educational counsellor at Anghel Saligny Technological High School, Bacău; Monica Halaszi, Romanian Language and Literature
teacher at Liviu Rebreanu National College in Bistrița; Gabriel Bădescu, Professor, PhD, at the Faculty of Political, Administrative and
Communication Sciences, Babeș-Bolyai University Cluj-Napoca; Ioana Nanu, Romanian Language and Literature teacher at the
American International School in Bucharest and PhD in Educational Sciences; Roxana Paraschiv, lawyer and coordinator of the
Centre for Information, Documentation and Research on Children’s Rights of Save the Children, Bucharest, Luminița Chicinaș, Physics
teacher and school insperctor, Cluj County School Inspectorate. Costache Adrian, Lecturer, Babeș Bolyai University, Cluj-Napoca;
Palas Alexandru, member of MozaiQ LGBT organization, Bucharest; Marin Roxana, teacher at Coșbuc High School Bucharest; Roseti
Ion Rotariu Teodora, executive director ACCEPT Association, Bucharest; Viski Vlad, executive director of MozaiQ LGBT organization,
Bucharest; Marius Caldararu, Inspector of the Romani language, the General Directorate for Education in Minority Languages and

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recommendations that resulted from public consultations with specialists and
practitioners in the field, organized in 5 cities8 in the country between September and
October 2019.

Chapter 1 – Short legislative overview

Every child has the right to education without discrimination, as specified by the UN
Convention on the Rights of the Child, to which Romania has been a party since 1990 9.
Non-discrimination is a fundamental principle, being closely linked to the respect and
promotion of the best interests of the child, the development of the child to its maximum
capacity and the basis for a democratic society.

According to the UN Convention, „States Parties shall respect and ensure the rights set
forth in the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or her parent's or legal
guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic
or social origin, property, disability, birth or other status.”10. Furthermore, “States
Parties shall take all appropriate measures to ensure that the child is protected against
all forms of discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members.”11

In Romania, children, as a vulnerable group to discrimination and to the effects of

discrimination, benefit from a recognition of special protection, according to the
Constitution of Romania from November 1991. The Constitution guarantees the
protection of children and youth, which should “(…) enjoy a special regime of protection
and assistance for realizing their rights”12. Furthermore, Law no. 272/2004 on the
protection and promotion of the rights of the child (republished) reiterates the principle
of respecting and promoting with priority the best interests of the child, as well as that
of ensuring equal opportunities and non-discrimination, while introducing the principle
of respecting the dignity of the child and listening to the child's opinion and taking it into
consideration, depending on the age and the degree of maturity of the child.

The right to non-discrimination is mentioned in the Romanian Constitution, as well as in

several other legislative documents. ORDER no. 137 from 31st of August 2000
(republished), regarding the prevention and sanctioning of all forms of discrimination

Relations with the Parliament, Ministry of Education; Gheorghe Sarau, University professor, University of Bucharest; Violeta Dascalu,
School Director, Ferdinand Gymnasium School, Bucharest; Kovacs Irina, Secretary of State for Education in the Languages of
Minorities, President of the National Commission for Educational Disaggregation and Inclusion; Luminita Costache, UNICEF Social
Policy Specialist; Marian Mandache, Executive Director, Roma Centre for Social Intervention and Studies, Bucharest; Cristina Tanase,
Coordinator of educational programs for Roma children, Save the Children, Bucharest; Csaba Ferencs Asztalos, President, Secretary
of State, National Council for Combating Discrimination; Șerban Iosifescu, President, ARACIP, Bucharest.
8 Timișoara, Cluj-Napoca, Iași, Bucharest and Craiova
9 Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution

44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49.
10 Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution

44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49, Article 2.
11 Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution

44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49.
12 The Romanian Constitution from 21st of November 1991 – Republished, Article 49, section 1.

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has special provisions regarding discrimination in different areas of life. This legal
framework is applicable to both natural and legal persons in the public or private
domain. Institutions are explicitly mentioned as the recipient of this law, including those
in the educational field. Other legislation that regulates the right to non-discrimination
for vulnerable groups, specifically, includes: Law no. 202 of April 19, 2002 on equal
opportunities and treatment between women and men; LAW no. 448 of December 6,
2006 on the protection and promotion of the rights of persons with disabilities; ORDER
no. 1540 of July 19, 2007 on the prohibition of school segregation of Roma children;
ORDER no. 6134 of December 21, 2016 on the prohibition of school segregation in pre-
university education units.

Chapter 2 - Gender Equality in the Romanian Educational

System
Introduction

The present chapter analyses the degree to which the Romanian educational system
prepares students to practice and respect gender equality during school years, as well as
later on in life, as adults. Given that an individual’s educational foundations and core
principles are shaped at early stages in life, the author of the study focuses on primary
and secondary education, with an emphasis on the latter, when students have the
capacity to understand social, cultural and ethical issues, and notions of citizens’ rights
and obligations.

The information in this chapter is based on document analysis: legislation, national

strategies and action plans, reports of national and international organisations, etc.,
official replies of public institutions to requests of public information, but also on
qualitative research carried out between June and September 2019 in the form of 10
semi-structured interviews with specialists and practitioners.

It is important to note that the interviews were used to provide examples, to consolidate
or further explain conclusions which transpired from the analysis of relevant
documents, and not to draw generalisable conclusions. In addition, the report contains
conclusions and recommendations which stem from 5 public consultations with
specialists and practitioners (organised in Timișoara, Cluj-Napoca, Iași, Bucharest, and
Craiova) in September-October 2019.

The first section of this chapter begins by defining the key terms gender equality, and
equality of opportunities and treatment of men and women, and then presents data on
gender equality in the Romanian educational system. An overview of the main public
policies regarding education is followed by information provided by the National
Council for Combatting Discrimination and by County School Inspectorates/ Bucharest
School Inspectorate on gender-based discrimination in education. The second section of
the chapter analyses primary, middle and high school curricula (with some examples
from school textbooks) for Romanian Language and Literature, History, and Social

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Education, and provides an overview of the optional subject Health Education. The
section regarding gender equality in schools ends with a presentation of extracurricular
activities related to the topic of gender equality which students are encouraged to
attend. Subsequently, the third section analyses, from a gender equality perspective, the
initial and continuous training of teachers: the teacher training module (level I and II,
offered in university to future teachers) and the training courses for teachers. The
chapter concludes with a series of specific recommendations aimed at including gender
equality and complementary topics in school curricula and textbooks, as well as at
developing teachers’ knowledge and abilities to tackles this subject in class.

Conclusions and Recommendations

The chapter aimed to answer the question “To what extent does primary and secondary
education in Romania prepare students to practice and respect gender equality?”. What
our research indicates is the systematic absence of a gender balanced and gender
equality approach in primary and secondary education.

The curriculum for all twelve grades for Romanian Language and Literature does not
contain explicit elements of gender equality or references to the feminist movement in
the country. In addition, the suggested authors in the curriculum clearly disadvantage
female authors: for example, of the 168 writers mentioned in the high school curriculum,
only 16 are women, in other words less than 10% of the recommended authors are
women.

With regard to History, the situation is only slightly better: the 7th grade curriculum
includes two case studies that address the experience of women in history: “Women in
public life” and “Life on the frontline and in the home front”. Elements of gender equality
may also be addressed in the case study “The Universal Declaration of Human Rights”.
Nevertheless, the curriculum for middle school excludes female historical personalities:
all the 27 personalities mentioned are men. A positive aspect is, however, the inclusion
of the feminist movement in the 10th grade curriculum, as well as some notions of
human rights, minorities and the role of civil society.

The third analysed subject, Social Education, addresses several central topics in
promoting tolerance, respect for diversity and non-discrimination. However, the
curriculum for middle school does not include explicit elements of gender equality, such
as harmonious relationships, the fair division of labour among family members, the
prevention of gender-based violence, etc., which leads to an uneven practice in
textbooks: some textbooks approach gender equality, while others do not.

Therefore, in general, tackling gender equality and providing a balanced representation

of women (writers, historical and cultural personalities, etc.) in the classroom tends to
reflect the teacher’s personal choice, who must resort to “mental gymnastics” through
the curricula and textbooks in order to address this subject, and not requirements
during school years. In fact, several of the interviewees indicated that the Romanian

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educational school system does not prepare students to practice and respect
gender equality:

“I do not think [that education prepares students to practice and respect

gender equality]. I think it rather prepares students for a professional
relationship of power inequality. I don't think it prepares you for life and
healthy relationships, but for a professional life in which you are in a
subordinate relationship. The curriculum is not adapted to the needs of
children.”(Liviu Gaja, psychologist at A.L.E.G, Sibiu)

“Schools only accidentally prepare [children to practice gender

equality], because people may have marginally heard of something called
"gender". Little is known about feminism, but in general, among teachers,
there is quite some ignorance around policies. [...] So schools accidentally
prepare students through teachers who have accidentally encountered the
concept of “gender”, but not through training, but a personal bet.” (Ioana
Nanu, Romanian Language and Literature teacher, American International
School, Bucharest)

“I do not think that [tackling gender equality] is a widespread practice. If

I look at the people I know, the consultation meetings, pedagogical circles,
there is a small category of teachers who prefer to approach these things.
Because, I repeat, the exam button is so pressed that many of the teachers
prefer to start preparing for the Baccalaureate exam in the 9th grade,
forgetting that the 9th grade curriculum is probably the coolest one in high
school." (Monica Halaszi, Romanian Language and Literature teacher Liviu
Rebreanu National College, Bistrița)

With regard to teacher training, research has revealed the same pattern: gender
equality is marginalized both in the teacher training module for university students and
in the teacher training programmes. There is an uneven practice throughout the
country, with the Teaching Training Resource Centres and the Teaching Staff Training
Departments of the main university centres in Romania providing different replies
related to the presence of gender equality elements in their programmes. Overall, there
are few training courses and even fewer university subjects which tackle gender
equality, with some counties where the topic is entirely absent from teacher training
programmes.

Additionally, school curricula and teacher training programmes lack

intersectionality, in other words, the Romanian educational system does not take into
account the effects on the individual of gender, ethnicity, social origin, disability and
sexual orientation or gender identity and of the interaction/ cumulation of two or more
of these personal characteristics. This is due not only to personal factors, such as

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teachers’ relatively low familiarity with these concepts (owing, in part, to insufficient
training), but also to structural factors, which concern both curricula and textbooks.

The specialists interviewed for the present report suggested specific measures that
could improve the presence of gender equality topics and activities in schools:

“We need strategies at the level of the Ministry of Education and the
continuous efforts of NGOs that can invest in research. There is a need to
reform the textbooks from a gender perspective, to re-professionalize
teachers and there is a need for a certain level of social acceptability related
to the importance of this topic. Otherwise I think we will go back instead of
moving forward. [...] Illustrators [of textbooks] need to be aware that the
images they choose are not accidental. We need a kind of political correctness
in the good sense of the word - do not use pink everywhere for girls and blue
for boys […], do not make all characters beautiful, blonde, tall and without
glasses, because the world is more diverse. The same is true of masculinity.”
(Laura Grünberg, PhD. Associate Professor at the Faculty of Sociology and
Social Work, University of Bucharest)

“If the structure of the Baccalaureate exam were to change so that we no

longer need to target only canonical writers, this would be a solution. The
pressure comes from the exam. Or we could have an indication in the new
curricular that, for example, half of the texts studied must have been authored
by women.” (Monica Halaszi, Romanian Language and Literature teacher,
Liviu Rebreanu National College, Bistrița)

"There should be a school for parents, and change will soon follow,
because most of the students spend their time at home, and if there is no
convergence between the things learned in school and in the family, one
cannot expect a change in mentality, boys and girls alike.” (Adriana Ciorcilă,
English teacher and educational counsellor, Anghel Saligny Technological
High School in Bacău)

"We have on the one hand the transmission of information, and on the
other hand the formation of behaviour, the espousing of values. The role of
the school is important but limited by what happens in the family and society.
For example, without wishing to trivialize the subject, road education is
studied in schools, starting from kindergarten, but in no way are children
taught in school how to cross the street, if they jaywalk with their mother.
One is the transmission of information and the other is the formation of
values, and here an effort is needed at a societal level. Schools could do more,
certainly, but there is a need for a concerted effort.” (Roxana Paraschiv,
coordinator of the Centre for Information, Documentation and Research on
the Rights of the Child, Save the Children, Bucharest)

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In order to tackle the abovementioned issues, the author makes the following
recommendations to public institutions with responsibilities in the field of education
and gender equality:

I. REGARDING THE CONTENT, THE TIME ALLOCATED TO AND THE STATUS OF

SUBJECTS IN PRIMARY AND SECONDARY EDUCATION:

1. Elaborate a Ministerial Order for the compulsory inclusion in the school curricula
for primary and secondary education of elements of gender equality: egalitarian
relationships, combatting gender stereotypes and violence against girls and
women, a balanced representation of female characters/ personalities, fair
division of domestic work, as well as topics that would encourage girls towards
STEM professions (science, technology, engineering, and mathematics);
2. Adopt an intersectional and integrated lens when elaborating curricula and
textbooks, which are to include the gender dimensions of the targeted content
and competences, and encourage the transfer of knowledge between subjects;
3. Eliminate gender stereotypes in textbooks and teaching aids, especially in
primary school, such as those related to professions practiced by men and
women, the role of the mother/ grandmother and father/ grandfather in the
family life, and replace them with gender balanced examples and portrayals of
characters;
4. Adapt the curricula and create reference plans for the elaboration of textbooks in
order to ensure the presence of gender equality elements and the balanced
representation of female personalities:

Romanian Language and Literature:

o Balance the absence of female authors from the literary canon by increasing
the number of women writers (Romanian and foreign) studied in school;
o Introduce “gender quotas” which would recommend that at least 30% of the
studied texts in a school year were authored by women;
o Include, in the curriculum and in textbooks, female and feminist personalities
and texts from the end of the 19th century and the beginning of the 20th
century, in the form of case studies (for example: the magazines Family
Friend, The Mother and the Child, The Romanian Woman, Dochia, etc.; Sofia
Nădejde - including her dispute with Titu Maiorescu, Constanta Duncă-Schiau,
Adela Xenopol, Calypso Botez, etc.);
o Include case studies of biographies on women’s experience during the
communist period (for example, Monica Lovinescu, Elisabeta Rizea).

History:

o Increase the number of female historical personalities studied in class;

o Include mandatory case studies on at least the following topics: the position of
women in the Middle Ages; the history of women's rights in the world and in

11
 Romania (the right to property and paid work, the right to vote, the right to
divorce, the right to child custody, sexual and reproductive rights, the right to
enlist in the Army, etc.); the pro-natalist politics of the Ceaușescu era and its
effects on women; the effects of war on women (from the perspective of
violence and contribution to the war economy/ labour market); the feminist
movement in Romania (civic groups, publications, feminist personalities,
waves of feminism);

Social education:

o Include explicit elements of gender equality in the school curriculum, adapted

to the level of understanding of children: sex-gender dichotomy, gender roles,
sexual orientation, gender identity, direct discrimination, indirect
discrimination, affirmative action, specific forms of discrimination/ prejudice
(introducing the term “sexism”/ “misogyny” in the list of forms of intolerance
studied in 6th grade, together with the terms “homophobia”, “xenophobia”,
“racism”, and clarifying the differences between them), hate speech; exemplify
the areas where women have been historically disadvantaged/ continue to be
disadvantaged (access to the labour market, pay gap, double work day, etc.);
introduce notions of gender-based violence, sexual harassment, relationships
based on respect, etc .;
o Extend the subject Intercultural Education (6th grade) to encompass elements
of inclusion, non-discrimination and gender equality. The new subject could
be called Anti-discrimination Education;
5. Extend the number of weekly hours allocated to Romanian Language and
Literature as a core subject in high school to 4 hours (instead of 3);
6. Extend the number of weekly hours allocated to History as a core subject in high
school to 2 hours (instead of 1);
7. Include a human rights specialist and a psychopedagogist in the committees that
elaborate school curricula and in the committees that evaluate textbooks;
8. Create a list of suggestions for optional courses (drafted by the Ministry of
Education), as part of the optional curriculum of secondary education, which
would include specific gender equality topics;
9. Introduce Health Education as a mandatory subject, update its content, and
adequately train professionals who teach the subject.

II. INITIAL TRAINING OF TEACHERS:

10. Introduce elements of gender equality in the teacher training module, Levels I
and II, at least in the subjects Class Management (Level I) and Design and
Management of Educational Programmes (Level II), and elaborate a reference
plan (drafted by the Ministry of Education) for aligning these subjects with the
principles of inclusive education;

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 11. Increase the number of hours allocated to the teacher training module, as well as
allocate an adequate budget to the Teaching Staff Training Departments.

III. CONTINUOUS TRAINING OF TEACHERS:

12. Create and accredit courses on gender equality issues and diversify existing ones,
including by amending the legislative framework;
13. Simplify the procedures for the accreditation of training courses in the field of
non-discrimination offered by other social actors (beside the Teaching Training
Resource Centres) and encourage the outsourcing of training courses;
14. Introduce compulsory courses for all teachers on the subject of anti-
discrimination (on all criteria), as well as create follow-up tools to evaluate how
teachers apply the acquired knowledge/ skills in class.

IV. INVESTIGATION AND SANCTIONING OF ALL FORMS OF DISCRIMINATION:

15. Create an applied methodology and clear formal instruments (evaluation guides,
risk assessment forms) for investigating cases of potential discrimination (on all
criteria) for the representatives of the County School Inspectorates/ Bucharest
School Inspectorate and of the Ministry of Education.

IV. RAISING AWARENESS CONCERNING GENDER DISCRIMINATION AND GENDER

EQUALITY:

16. Develop and implement raising awareness campaigns on violence against

women, gender stereotypes, gender roles, work-life balance through the
collaboration of the Ministry of National Education, Ministry of Labour and Social
Justice, Ministry of Health, Ministry of Justice, Ministry of Youth and Sport, etc.;
17. Centralise information and materials on inclusive education and non-
discrimination on a public site, an online resource centre, administered by the
Ministry of Education, in order to be freely used by teachers and practitioners.

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Chapter 3 - Roma children - (non)discrimination and
inclusion in the Romanian educational system
Introduction

The chapter „Roma children – (non)discrimination and inclusion in the Romanian

educational system” analyses the manner in which the educational system approaches
Roma children when it comes to equal chances and non-discrimination. The analysis has
been realized through three big lenses: the representation of Roma history, traditions
and culture within the school curricula, the professional training of the teaching staff
regarding the themes of diversity, inclusion and non-discrimination based on ethnicity
and last, but not least, the school segregation and exclusion of Roma children from the
educational system.

The situation of the Roma children, in Europe as well as in Romania, is described as

being troublesome, first by their belonging to the most discriminated and impoverished
European minority13 and second, considering that poverty especially affects young
people, in Romania. Here, 41,7% of the youngsters under 18 years are at-risk of poverty
or of social exclusion14. Particularly regarding the Roma children from Romania, in 2009,
The UN Committee for the Rights of the Child was expressing its preoccupation about a
series of violations of rights15: hetero-identification of very young children as being
Roma16 which leads to discriminatory practices, such as segregation; insufficient
infrastructure of kindergartens and preschool activities addressed to Roma children,
mainly offered by the NGOs; a low rate of enrolments to preschool institutions and
primary school; the existence of school segregation and enrolling Roma children to
special schools, without them presenting a disability, because the family could not cover
the costs for education. Ten years later, the reports and studies from the field all point to
a similar current situation and show that these situations still describe the reality of the
lives of Roma children from Romania. How are these aspects addressed by the
Romanian authorities and what type of measures have been implemented to eliminate
the factors which impede Roma children to have an equal access to education as the
non-Roma, and in the future to the labour market, are the questions that this chapter
will try to answer to.

The chapter on the inclusion of Roma children briefly describes their current situation in
schools in Romania, presenting data on the enrolment and participation of Roma
children in education, the differences between non-Roma and Roma children in

13 The Independent, Roma shown to be Europe's poorest and most reviled people, Shawn Walker, 2012.
14 National Institute of Statistics, Dimensions of social inclusion in Romania, in 2017, Publishing of the Institute of Statistics, 2018.
15 The Committee on the Rights of the Child, Considerations on the Reports Submitted by the States Parties under Article 44 of the

Convention. Recommendations of the UN Committee on the Rights of the Child 2009, 51st Session, 2009.
16 The UN Committee shows that a person can be identified as belonging to a minority only by self-declaration, and that often,

abandoned or very young children who cannot identify themselves are identified as Roma children by social workers and other
workers.

14
education (including the determinants of these differences) and on the phenomenon of
Roma children’s segregation in schools in Romania. The first analysis section presents
how the elements of the Roma minority are addressed in school curricula and textbooks,
focusing on school curricula for the disciplines History (5th-8th grades), Social
education (5th-8th grades) and Romanian language and literature (5th to 8th grades),
respectively textbooks for the discipline History for secondary school and high school.
The author includes in this section an analysis of the study of the Roma language and
history and of the implementation of the school curriculum for the discipline History and
traditions of the Roma minority with teaching in the 6th-7th grades. The second
analytical section of this chapter offers an image on the possibilities of teacher training
regarding the history, culture and traditions of the Roma minority. The analysis includes
information on both initial and continuous training. Also, the situation of Roma teaching
staff in education is analysed. The last section of analysis is dedicated to the topic of
segregation and exclusion of Roma children in the educational system, where the
concepts and causes of these phenomena are described. At this point, the support
measures for the education of Roma children and how they are implemented are
reviewed.

The data collection was based on a desktop research, by analysing the relevant
documents in the field (national and international reports of organisations and
institutions, strategies and legislation in the field); data received from relevant
institutions following the request of information submitted under the law for access to
public information No. 544/2001 and information from conducting 7 semi-structured
interviews with representatives of institutions and organisations activating in the field
of education in Romania. Furthermore, 5 consultations were held with specialists in
education in 5 cities in Romania, and their recommendations have been included in the
final report.

Conclusions and recommendations

This chapter has analysed the way Roma children’s inclusion is realised within the
Romanian educational system. Following the analysis, the conclusion points to a limited
progress and week and partially implemented educational policies. The Romanian state
needs to improve the way legislation meant to support the Roma children is
implemented and to officially recognize the structural discrimination which affects the
children within the Roma communities.

Concerning the representation of the Roma history, traditions and culture within the
school curricula, the conclusion is that this information is not sufficiently approached in
these documents. Therefore, the school curricula do not contribute sufficiently to
developing diversity in schools, to encouraging inter-ethnic dialogue and inter-ethnic
relations. These elements are approached through school curricula and disciplines
addressed exclusively to Roma children, respectively the classes of Romani language and

15
the discipline of Roma history and traditions – of course, these classes do not refuse the
participation of non-Roma children. However, the manner in which they are organised
does not encourage the participation of the majority population, which is otherwise low.
Thus, the conclusion formulated is that the classes where elements of Roma history,
traditions and culture are addressed are not accessible and promoted enough to the
entire school population; they are addressed only to the members of the Roma
communities. Likewise, the analysis could not identify a transversal inclusion of these
elements in the disciplines that are part of the common core curricula. Consequently,
this points out to a lack of implementation of the ministerial Order no. 1529/18.07.2007
regarding the development of diversity within the national curricula concerning the
Roma minority. The principle of diversity is not reflected in the textbooks approved by
the Ministry of Education, either. The textbooks for the History discipline are outdated
and many times they use an old language, having a stereotypic and discriminatory
content. The selection criteria for the teachers who evaluate the textbooks do not reflect
the principles of diversity, inclusion and non-discrimination. Therefore, textbooks with
prejudicial content are approved to be used within schools in Romania.

Regarding teacher training, data collected from the field and the analysis of documents
show that the issues of diversity / alterity, non-discrimination and inclusion are not
sufficiently addressed in the initial training of teachers. They do not appear sufficiently
in the psycho-pedagogical module, and the elements of Roma history and traditions are
completely absent from this module. Although the inclusion of the elements about Roma
history in the psycho-pedagogical module was a measure established in the national
strategy of the Romanian Government for improving the situation of Roma, it remains
unimplemented until this moment. There is also no progress in terms of continuous
education, given that the possibilities for continuous training of teachers regarding
Roma history, traditions and culture continue to be extremely low and are generally
offered by civil society. Only 1 of the 8 Teachers Association "Casa Corpului Didactic"
(CCD) that responded to the requests for information reported the completion of 1
course for teachers on the topic of the “educational Romanipen”17; two other CCD
Associations addressed elements about Roma history and traditions in two continuous
training courses. The continuous training for teachers on the themes of diversity,
inclusion and non-discrimination is unevenly implemented in the counties that have
responded to the requests for information, and most of the times they imply financial
efforts, teachers having to pay the participation fees, as well as the travel costs. Even in
these conditions, very few offers include elements about diversity, inclusion and non-
discrimination, and fewer include specific elements about the Roma minority. This
situation is explained by a lack of funds and by the fact that there is no budget for
organizing continuous training courses for teaching staff at the level of the General
Direction for Minorities within the Ministry of Education, but also within the Ministry in

17 The set of customs and fundamental values of the Roma culture.

16
general. The financial resources for hiring Roma teaching staff are also low and indicate
a lack of investment in this area. Thus, the number of Roma human resources in the
Romanian education system has decreased compared to previous years, an example
being the number of Romani language teachers which decreased to 296 teachers in the
2018/2019 school year, compared to 640 in 2013. The situation of school mediators is
also problematic, with a number of 427 mediators employed, compared to 1900 – the
number of school mediators that the Ministry of Education committed to hire within the
framework of the strategy for Roma, respectively until 2020. Overall, there is a need for
continuous training of the Roma resources with the aim of empowering them. The
evaluation of the support programs for Roma students (e.g.: the school mediation
program or affirmative measures) and their impact is also required.

Discrimination of Roma children in the Romanian educational system remains an

important topic to be addressed, given that this phenomenon is present in schools,
among students, as well as teachers. The present analysis reveals that discriminatory
attitudes towards Roma students in the education system persist and are reiterated
including by practicing their segregation, by separating them from the non-Roma
students in classes or schools. Although these situations are identified in schools in
Romania both by international organizations and those working at national level, from
the documentation made for this report we conclude that there still is a tendency to
deny / not recognize the reality regarding discrimination at the level of the authorities.
Thus, all the authorities invited to respond to these issues reported that they had no
registered cases of discrimination by teachers or that they did not have cases of
segregation in the schools / counties for which they are responsible. Moreover, the
United Nations Special Rapporteur on Romania underlined this as an issue in 2016,
when they stated that authorities need to recognize officially the continuous dimension
of the existing discrimination against Roma. However, the Ministry of Education
answered in an official address submitted for the purpose of the present report that
"Within the Romanian educational system there are no school units made up only of
students belonging to a certain ethnicity (...)". The authorities are still working on a new
monitoring methodology, for the implementation of the Order on desegregation adopted
in 2016, and consider that the existence of segregation in Romania at national level
cannot be declared yet. At the same time, however, according to the decisions from the
National Council for Combating Discrimination and to international reports,
discrimination or segregation of Roma children is still present in schools and practiced
by the teaching staff in Romania. The pressure that non-Roma parents exert for schools
where there are no Roma children is another issue that the system does not officially
address. Regarding segregation, although in Romania work has been done for more than
10 years to develop a legislation and methodology on combating and preventing
segregation, we can conclude that both schools and authorities in the field are still
unprepared to act in this regard. The existing information on this phenomenon is
contradictory and incomplete and shows us that, at least for the moment, there are no

17
viable solutions in Romania to eliminate segregation in educational establishments, but
on the contrary, the authorities are delayed with the implementation of the actions
assumed. There are still uncertainties and sometimes resistance regarding the collection
of data on the distribution of students on ethnic criteria in classes and schools. For this
reason, there are inconsistencies in the way of collecting data on ethnicity, at the level of
the authorities: we can see from the responses received from 9 School Inspectorates
(ISJ) that some collect data and have sent them in response to our requests. Others,
however, say that it does not fall under their responsibility or that they simply do not
collect this type of information. The measures adopted by the Ministry of Education to
support Roma students are also partially implemented and fragmented, without having
an assessment of their impact. There is a need for more involvement from the main
actors (educational units, teachers, responsible authorities) and of course, a stronger
and consistent financing of the programs that aim to support Roma students.
The analysis from the perspective of the three themes addressed in this chapter, namely
a) representation of Roma history, traditions and culture in school curricula and
textbooks, b) teacher training regarding diversity, inclusion and non-discrimination and
c) segregation and exclusion of Roma children confirms that the Romanian state must
strengthen its commitment to improving the education of Roma children and move from
politics to action, as soon as possible.

Recommendations:
 Increasing the access for all students on information about Roma history,
traditions and culture (for example: introducing these elements in school
curricula for the disciplines of Romanian Language and Literature, History and
civic education; addressing the elements about diversity, inclusion and non-
discrimination in the homeroom hour (dirigenție) or in the Curriculum at the
Decision of the Schools, which could then be included as modules in the school
curricula).
 Inclusion of a human rights / inclusion specialist in the committees that elaborate
the school curricula.
 Introduce a selection criterion for teachers evaluating school textbooks on
experience in working with diverse and / or vulnerable communities, or on
experience in the areas of diversity, inclusion and non-discrimination.
 Inclusion of information / chapters in textbooks that address the issues of
diversity, inclusion and non-discrimination (including in the case of Roma
children), starting from primary school, to ensure the representation of these
elements in a bigger percentage than 25%.
 Introducing the Intercultural Education module as a compulsory subject in the
initial training of the future teachers and including in this module elements
related to the history, traditions and culture of the Roma.

18
  Realization of the educational Romanipen course at the level of each county by
the Teachers’ Associations CCD, at least once per year for as many teachers as
possible.
 Facilitating the access of teachers to training courses on diversity, inclusion and
non-discrimination (with emphasis on the elements of Roma culture, history and
traditions) by accrediting courses offered in the field by other social actors,
besides the CCD (for example, the NGOs, by simplifying their accreditation
procedures as training providers).
 Continuous training of school inspectors in inclusive education, legislation and
methodology regarding the prohibition of segregation and raising their
awareness of reporting this phenomenon to the responsible authorities.
 Establishing a unique and compulsory model for recording ethnic data in school
units. Clarify this aspect by demonstrating the importance of collecting data on
certain criteria (e.g.: ethnicity, social category, disabilities, etc.).
 Centralization and analysis of data collected from schools regarding the
distribution on ethnic criteria in schools, at the MEN level, annually.
 Elaboration of a system of distribution of students upon registration in the school
system that eliminates the possibility of segregation on an ethnic basis (for
example: computer system with random distribution in schools and classes of
students, alphabetical distribution of students). This system then requires
monitoring of transfers between schools / classes, which can lead to the same
undesirable situation of segregation.
 Assessing the impact of public policies aimed at supporting the education of
Roma children: affirmative measures, school mediation, etc.
 Assure better financing for programs such as the after-school or school mediation
to obtain the indicators set out in the Government Strategy for Roma.
 Encouraging inter-ethnic interactions and promoting the values of diversity and
non-discrimination in school units. In particular, regarding the discrimination of
Roma children at school, it is noted the need to organize activities, campaigns on
this topic, at all levels, but with priority in the process of teacher training.

Chapter 4 - LGBTI young people in the Romanian educational

system

When using the acronym LGBTI we refer to lesbian, gay, bisexual, transgender, queer,
intersex, and all other gender identities, sexual orientations, and sexual characteristics
that vary from the heterosexual, cisgender, and non-intersex norm. Thus, we include
both people born with variations in sex characteristics, people who identify with
another gender than the one assigned at birth, and people who experience romantic and

19
sexual attractions for people of the same or more genres. When we talk about LGBTI
people or when they are included in national studies on discrimination and inclusion,
most of the time the point of interest is related to sexual orientation. Therefore, although
we have statistics available, they do not include the entire diversity of the community,
but only part of it. In Romania, the legislative framework that protects LGBTI persons
against discrimination is Ordinance no. 137 of August 31, 2000, on the prevention and
sanctioning of all forms of discrimination. According to article 2, "discrimination means
any difference, exclusion, restriction or preference, based on race, nationality, ethnicity,
language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic
non-contagious disease, HIV infection, belonging to an underprivileged category, as well
as any other criterion whose purpose or effect is the restriction, removal of recognition,
ability to use or exercise, on equal terms, of human rights and fundamental freedoms or
of the rights recognized by law, in the political, economic, social and cultural field or in
any other area of public life. ”

Gender identity and sex characteristics are not explicitly mentioned, however, according
to the enumeration and explanation above, they can fit into "any other criteria". This
legal framework is applicable to both natural and legal persons in the public or private
domain. Institutions are explicitly mentioned as the recipient of this law, including those
in the educational field. Although Romania received recommendations and adhered to
international calls regarding the inclusion of LGBTI people in the educational context,
there are currently no national action plans or policies addressing the situation of LGBTI
youth in schools, bullying, and discrimination. In Romania, we have some studies that
show us how non- heterosexual people are perceived, but we do not have studies with
large samples that address issues related to trans or intersex people.

The results of the research available show wide lack of acceptance of LGBTI people in
Romania. Only 7% of respondents to a study18 said they would accept a person of a
different sexual orientation than heterosexual to be their relative, 15% to be their friend,
and 12% a co-worker. The closer LGBTI people may be to the respondents, the more
they tend to reject this theoretical idea. This shows that LGBTI people are invisible in the
most intimate environments such as family and group of friends, as well as in the
workplace. Young people have similar attitudes as other age groups, as shown by a
study19 conducted twice already. If in 2014 53% of respondents said they consider
homosexual persons unacceptable, in 2018-2018 the same study shows that 47,9% of
respondents reject homosexuality.

In the European context, so far, there is no monitoring mechanism to see exactly what
each country is doing to ensure that the fundamental right to education is respected.

18 National Council Against Discrimination, Percepții și atitudini ale populației României față de Strategia națională de prevenire și
combatere a discriminării, 2015, Available in Romanian at
https://main.components.ro/uploads/1d3a0bf8b95391b825aa56853282d5da/2016/10/Sondaj_TNS_CNCD_2015.pdf (Accessed on
10th of August 2019)
19 Friedrich-Ebert-Stiftung Româ nia (FES), Tineri în România. Griji, aspirații, atitudini și stil de viață, 2014, Available in Romanian at

https://library.fes.de/pdf-files/bueros/bukarest/12142.pdf (Accessed on 10th of August 2019)

20
There are a number of international commitments that Romania has acceded to and
which outlines a general framework for promoting and respecting human rights,
including the Universal Declaration of Human Rights, the Convention against
Discrimination in Education or the Convention for the Rights of the Child.

Regarding specifically the discrimination of LGBTI people, over the years Romania has
received several recommendations and even conditions (for example for EU accession)
to meet. In recent years at European and even global level, the topic of LGBTI has
become more known and understood, numerous studies have been conducted, public
policies developed. European or international institutions have begun to focus more and
more on the community, setting up special departments that work to create an inclusive
framework, in which all people can participate in community life without fear of
discrimination and exclusion on the basis of sexual orientation, gender identity,
expression or sex characteristics.

Some of these recommendations are:

 Council of Europe, Recommendation CM/Rec(2010)5 of the Committee of

Ministers to member states on measures to combat discrimination on grounds of
sexual orientation or gender identity, 2015
 Council of Europe, Parliamentary Assembly, Resolution 2097 (2016) Access to
school and education for all children, 2016
 Council of Europe: Parliamentary Assembly, Resolution 2048 (2015)
Discrimination against transgender people in Europe, 2015
 UNESCO, Call for Action by Ministers: Inclusive and equitable Education for All
learners in an environment free from discrimination and violence, 2016
They all urge countries to give specific attention to LGBTI students, ensure they are able
to participate fully in the educational process, without fear of discrimination. Even
though Romania adhered to them, there is no measure in place so far that shows the
intention of translating them into practice.

The realities of LGBTI young people in Romania have not been studied in a consistent
way so far in Romania. In the context of various recommendations from outside,
technological changes and increased access to information, LGBTI youth have led
invisible lives most of the time. The studies that have begun to appear in recent years on
this topic in Romania have been conducted by non-governmental organizations and
shed little light on how the education system in Romania manages to create (or not) a
safe environment for all its students, and the difficulties with that they face during the
years of studies.

The results of a research20 done by ACCEPT Association shows that half of respondents
would be bothered to have a gay colleague, believe that sex change surgery are

20 Asociația ACCEPT, Un Liceu sigur pentru toți, 2017, Available in Romanian at: http://www.acceptromania.ro/wp-
content/uploads/2016/03/Un-liceu-sigur-pentru-toți-Sumarul-cercetarii.pdf (Accessed on 14th of August 2019)

21
condemnable, and declare that they don’t have LGBTI pupils in their high school. Almost
all LGBTI respondents (96%) said that the terms gay and lesbian are used pejoratively,
71% believe that LGBTI youth are not safe at school, especially emotionally, and 61%
were victims or witnesses of an aggression.

In this context of lack of conversation on LGBTI matters, we decided to look at some of

the visible cases when something LGBTI related happened in a school context. We saw
that when teachers take initiative to talk about LGBTI matters they are rather ostracised
by their peers and parents and become target of public scandals. Same thing with
students: when organising events with the theme, surrounding adults in power
positions try to silence them. In the same time, more and more parents are becoming
visible in their efforts to make sure that schools remain a place that is free of LGBTI
related content. Even though that we have many parents who have LGBTI children,
these are not so visible in using their power to create change. Rather, homophobic and
transphobic parents put pressure on the administration of schools to ban sexual
education, diversity and inclusion topics, especially gender and sexuality related issues.
These efforts went to the extent of stopping the National Parenting Strategy due to the
fact that it included mentions of them, basing their arguments on the fact that Romania
has a traditional view on family and society issues.

According to the ACCEPT study mentioned above, "Only 25% of students say that
teachers sometimes (rarely) talk about sexuality and sexual orientation. The classes that
discuss sexuality are psychology, coordination class, biology or religion. Most of the
times when students describe how they talk about sexuality and sexual orientation, they
mention the negative attitudes of teachers. Also, many students also mention the
embarrassment or embarrassment they feel from their teachers when it comes to
sexuality. ” In the context of excessive bureaucracy and the fear of addressing issues that
may be considered controversial, the inclusion of LGBTI topics in the classroom is rather
an exception, which often depends on the willingness and interest of the teaching
teacher.

In order to analyse the inclusion of LGBTI themes in the classroom we analysed a series
of textbooks on the website of the Ministry of National Education, and we tried to
identify if the topic is included, in what context and with what connotation. We
especially looked at the disciplines in the social field but also at the history, Romanian or
biology textbooks for the V-XII classes. Health education is the only discipline, which is
also optional, where sexual orientation is mentioned in the school syllabus, for the high
school level. Amongst other disciplines, when checking their manuals, we discovered
very few that mention sexual orientation: Social education (6th grade), Sociology (11th
grade), Social Studies (12th grade), and Human Rights optional discipline (10th grade).
The school textbooks reviewed for this study do not contain comprehensive information
on LGBTI issues, even though the National Centre for Evaluation and Examination, who

22
deals with school textbooks, states that “the draft textbook respects the principles of
equity, diversity, inclusion and non-discrimination, regardless of race, nationality,
ethnicity, language, religion, social category, beliefs, sexual orientation, age, disability,
chronic non-contagious disease, HIV infection, belonging to a disadvantaged category ”,
this aspect being a criterion being an eliminatory one. This shows us that although
written policies have an intention of non-discrimination, in practice this is achieved by
omitting LGBTI issues rather than by actively promoting those principles. Indeed, with
one exception, the textbooks have a neutral tone on sexual orientation and do not
mention the other identities within the LGBTI community. Inclusion through
generalization and without going into particulars is rather the strategy addressed both
in the curriculum and in the textbooks. The fact that the textbooks do not speak
negatively about LGBTI people does not necessarily mean inclusion, but rather
perpetuates the silence and stigma around this topic.

According to a research by the organisation MozaiQ21, 80.3% of the students at least

once heard homophobic remarks from teachers or non-teaching staff. However, the
County School Inspectorates that responded to our requests for information for this
study state that there have been no complaints against teachers regarding
discrimination. Neither the National Council against Discrimination has registered any
complaint of discrimination against LGBTI persons in the educational field. This is not
surprising considering that, from the same research, we find that only 35.6% of LGBTI
students who have been harassed or assaulted in the last year, in the school context,
because of their identity have reported the incidents. For those who have never
reported, the main reason was the belief that school staff would not intervene (59.6%),
and 50.0% feared that the staff would dishonour their family. Of those who reported the
incidents, only 40.0% said the staff response was effective in resolving the conflict. Only
10% of the respondents said that they have at least 6 people who are friendly and 63.1%
say that the school administration does not support them. Students would feel most
comfortable talking to school counsellors and least comfortable talking to security staff,
but 57.7% never did.

These data show us on the one hand that teachers are not prepared to deal with issues
of sexual orientation, gender identity / expression and sexual characteristics, but also
that their degree of confidence in helping in cases of discrimination and violence is a low
one. Given that the family environment is often homophobic and transphobic, teachers
could be supportive of students who discover their identity or are targeted for bullying
and aggression by their peers. Spending half of their time in school, young people need
this environment to be a safe one, in which they feel comfortable in order to focus on the
educational process. No wonder, according to the MozaiQ study, “Students who felt
victimized are 1.5 times more likely to face depression, twice as likely to quit school to
avoid harassment, have school results and aspirations lower educational levels. ”This

21 The research was not published at the moment of this study (august 2019). We had access to the data through an

interview we conducted with Alexandru Palas, member of MozaiQ and person who was in charge with the study.

23
phenomenon called“ minority stress ”has been studied over the years and even
theorized by sociologists such as Meyer (2003) who analysed the conflict between
minority experience and dominant values in a society, respectively its results, in
especially the unique stressors that LGBTI people face because of prejudice and
discrimination. The experience of rejection from others and living in homophobic and
transphobic contexts can lead to the development of mental or physical health problems,
homophobia and internalized transphobia and various mechanisms to deal with
adversity.

Right now, the Ministry of Education does not provide information and tools to deal with
LGBTI students in the psycho-pedagogical module that all teachers have to follow in
order to be accredited. The only available courses that teachers can take where LGBTI
issues are at least mentioned were identified at the Teacher Training Centres of some
counties in Romania. These, however, have to be paid by teachers, and include the theme
superficially, mostly only mentioning it in the bigger context of interculturality or
diversity.

Studying how LGBTI young people can fully exercise their right to education without
discrimination raised more questions than finding best practices. In 2019, LGBTI youth
are not recognized as a target group for discrimination and bullying which requires
special attention from the education system. According to international and national
research, we can see that the situation of LGBTI youth is extremely difficult, being
subjected to violence, discrimination, and intimidation by colleagues and even by
teachers and non-teaching staff. School staff is not prepared to identify and support
LGBTI youth. The school curriculum does not include in any discipline complex
information on LGBTI issues, most often it is only mentioned among other criteria
without going into details, and it is left to the teacher's choice the way it is approached.
The few teachers we know who have tackled this issue are subject to public outrage and
even subject to sanctions.

In order to create non-discriminatory, inclusive school environments for LGBTI youth in

Romania, it is necessary to:

 Apply the anti-discrimination legislation at the level of each school institution

and explicitly include the LGBTI criterion. It is also imperative to promote this
legislation among students and school staff, as well as the means of reporting
incidents and repercussions following the act of discrimination so that it can
be seen that the institution seriously addresses homophobic and transphobic
discrimination;
 Develop inclusive school policies based on the needs of LGBTI students in
Romania, paying attention to their specific needs, which may include, but not
limited to: the freedom of each student to express their identity without
normative constraints, to use the desired name and pronoun in accordance with

24
 gender identity, to use the gendered spaces (toilet, changing room, etc.) in
accordance with the gender with which each student identifies.
 Consult and involve students in the process of creating policies regarding the
inclusion of various social categories. Thus, all voices and needs will be included,
and the commitment to follow these policies will be higher;
 Collect data on bullying, discrimination, and violence based on the criterion of
sexual orientation, gender identity/expression, and sex characteristics;
 Carry out campaigns to raise awareness of pupils, students and school
personnel regarding discrimination, intimidation and violence against LGBTI
persons;
 Provide initial and ongoing training for teachers and relevant non-teaching
staff on sexual orientation, gender identity/expression and sex characteristics. It
is important for teachers to understand and be prepared to address these issues
with students when needed. They need to have access to information as well as to
question their own prejudices, in order not to pass them on to students;
 Include information about LGBTI persons in the curricula of relevant
disciplines. This can be achieved either by mentioning the sexual orientation of
authors, historical figures or scientists, or by debating issues regarding
homophobia, transphobia or simply the diversity of identities in social
disciplines. In biology, the situation of intersex people can be addressed, in a non-
pathological way, to show young people the diversity of human biology that
exists outside of the binary. In sociology or statistics, the importance of collecting
gender in questionnaires can be questioned, and whether the two options offered
currently is the best solution or not. Critical thinking and information from
scientific sources can be used to help students form their own views on the
subject, and LGBTI students to feel represented in the curriculum.
 Facilitate safer spaces for LGBTI students. This can take the form of discussion
clubs, support groups, but also by facilitating access to psychological staff
prepared to address the situations of homophobia and transphobia that students
go through.

Chapter 5 - Good practices and resources in education from a

non-discriminatory perspective
One of the conclusions, but also a request expressed by the educational practitioners in
Romania repeatedly in the activities and projects organized by the Centre of Legal
Resources is the need to get more knowledge about best practices, tools and pilot
projects which have proven efficient and which can be implemented (and, when
appropriate, with adaptation to the local or national context) in Romania.
The listing of good practices and resources in this chapter is not exhaustive. It is based
on a desktop documentation, as well as on the answers received to our requests

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addressed to educational institutions in Romania, as well as from other countries. We
consider that it is just a small beginning of collecting good practices and tools that can be
used for a human rights education. The resources identified are the following:
 Human Rights Education in the School Systems of Europe, Central Asia and North
America: A Compendium of Good Practice, Council of Europe, OSCE/ODIHR,
UNESCO, OHCHR, 2009, available online at
https://www.ohchr.org/Documents/Publications/CompendiumHRE.pdf.

 Best Practice Catalogue. Discrimination Free Schools, Institute for

Menneskerettigheder (Danish Institute for Human Rights), available online at
http://www.educatiefaradiscriminare.ro/wp-content/uploads/2016/06/Best-
Practice-Catalogue-120111-ENG.pdf.

 Compendium of practice on Non-Discrimination / Equality Mainstreaming,

European Union, 2011, available online at https://op.europa.eu/en/publication-
detail/-/publication/1c934780-2913-4061-a2be-7a86a33279c6.

 UNICEF, UNESCO (2007), A Human Rights-Based Approach to Education, A

framework for the realization of children's right to education and rights within
education, available online at
www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Educat
ion_for_All.pdf

 How to become a school that promotes human rights? A guide for schools around
the world, developed Amnesty International as part of a project that starts with
the question "Why is education of human rights for schools important?", available
online at
https://www.amnesty.org/download/Documents/24000/pol320012012eng.pdf

 British Council - resources for teachers and students, “Together - Education for
democratic citizenship, a human rights manual for high school”, available online
at http://www.educatiefaradiscriminare.ro/wp-
content/uploads/2016/09/Impreuna-varianta-romana.pdf.

 From segregation to inclusion: Roma students in the United Kingdom. A Pilot

Research Project, available online at https://www.romaeducationfund.org/wp-
content/uploads/2019/05/ref_uk_report_nov2011_screen_singlepages.pdf.

 Denmark – the educational system: examples of promotion and assurance of

democracy, inclusion, equality and human rights education, resources available
online at https://ufm.dk/en/publications/2016/the-danish-education-
system; https://www.uvm.dk/folkeskolen/laering-og-
laeringsmiljoe/inklusion/bag-om-inklusion and

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 https://www.uvm.dk/folkeskolen/laering-og-laeringsmiljoe/inklusion/regler-
om-inklusion (the last two, only in Danish).

 United States of America, a collection of policy recommendations in the field of

non-discrimination, as well as presentations on resolving discrimination cases,
available online at https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-
students/protectingstudents.html.

 Canada, a selection of age-appropriate lesson plans and resources on how to

teach children's rights, available online at
https://www.unicef.ca/sites/default/files/legacy/imce_uploads/teaching_about_
childrens_rights_en_2.pdf.

 Media Smarts http://mediasmarts.ca/

 The Mighty Girl http://www.amightygirl.com/

 Teaching Tolerance http://www.tolerance.org/

Plan of measures for the inclusion of non-discrimination in

the educational system of Romania

School curricula and textbooks

Proposed measures
 Including human rights/inclusion specialists as members of the commissions which
elaborate the school curricula.
 Revising the current school curricula for middle school and elaborate the new high-
school curricula as per the principles of human rights.
 Revising all the current textbooks. Withdraw from the list of approved textbooks the
ones that contain discriminatory elements, regardless of the criteria based on which
discrimination happens.
 Changing the process of approving the textbooks, so as to provide a guarantee for a
textbook content according to a non-discriminatory and inclusive education. In this
regard, it is possible to ensure the inclusion of a non-discrimination expert and
psycho-pedagogues in the composition of the committees that approve them and / or
to create a grid of evaluation of the textbooks from the point of view of the non-
discrimination aspects. Alternatively or concomitantly, a collaboration with CNCD -
the National Council for Combating Discrimination and ANES - the National Agency
for Gender Equality between Men and Women can be explored, for approving the
content of the textbooks.
 Include in the trainings organized for the persons responsible with evaluating the
textbooks a specific component on non-discrimination, with a focus on the most

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 vulnerable groups from the educational system.
 Including in the textbooks for diverse disciplines, a series of case studies/ lessons/
practical activities/ personalities as role-models which reflect the diversity and the
componence of a classroom of students, respectively women, ethnic minorities,
religious minorities, sexual minorities, etc.
 The explicit inclusion of topics that address discrimination on gender, race, ethnicity,
on the criterion of disability, sexual orientation and gender identity, etc., in several
disciplines (the area Human and society is the most bidding from this point of view,
but it is not exclusive), but especially in the Social Education discipline.
 Rethinking the discipline of Intercultural Education as Human Rights Education.

Initial and continuous training for the teaching staff

Proposed measures
 Updating the school curricula for the psycho-pedagogical module (OMECTS
5745/13.09.2012 regarding the approval of the Methodology for organising the
training curricula for psycho-pedagogues in regard to obtaining the certification of
competencies for the teaching profession) by the Ministry of Education in conformity
with the current reality and accordingly with the principles of inclusive education.
 Increasing the number of hours allocated to the psycho-pedagogical module and
allocating a fair budget for the departments in charge of the professional training of
the teaching staff, at the level of each university.
 Increasing the number of hours for the pedagogical practice of students who follow
the psycho-pedagogical module and including in it, as a rule, practice in schools with
a diverse population (Roma children, children with special educational needs, etc.).
Developing the practice system (including, financially) so that it allows assuming in a
real manner the role of mentors by teachers which have students in practice in their
classes/hours.
 Diversification of the training offer from the Teachers’ Training Centres regarding the
courses on non-discrimination and, specifically, non-discrimination of the most
vulnerable groups. Including follow-up activities to evaluate how the teachers apply
in the classroom the knowledge/abilities accumulated.
 Ensuring access to free training courses on the topic of working with children from
vulnerable communities or identifying resources within the school to finance these
costs, in order to increase the number of teaching staff who participate in this type of
training.
 Granting credits for the training courses on non-discrimination and inclusion
organised by non-governmental organizations, in order to attract more teachers to
participate.
 Attracting and training trainers from the Teachers’ Training Centres on subjects that
relate to inclusion and non-discrimination and offer them an adequate payment.
Consequently, developing a network of resources of qualified trainers on the topics of
non-discrimination and/or specifically on gender equality, LGBTI, etc. Alternatively,

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 externalizing the training activities temporarily until this resource is developed.
 Establishing, strengthening or extending the collaboration with non-governmental
organizations and independent experts to support training courses on non-
discrimination or specific topics: gender equality, equal access to education for
children belonging to ethnic, religious, sexual minorities, etc.
 Establishing a constant collaborative relationship with the institutions of the CNCD -
the National Council for Combating Discrimination and ANES - the National Agency
for Equal Opportunities between Women and Men for supporting the continuous
training of the teaching staff.
 Modification of the methodology and criteria regarding the process of accumulating
merits to the teaching staff in pre-university education in order to enhance the effort
of the teachers to create inclusive schools, existing efforts and to stimulate all the
teachers in this direction.
 Including topics regarding non-discrimination and inclusion, diversity management
in the admission examinations, evaluation, promotion and tenure of teachers. The
same recommendation may also apply to school inspector posts.

Preventing and combating discrimination in school

Proposed measures
 Introducing in schools regulations an article on inclusive education (which implies,
how we can ensure it, how we can evaluate it) and non-discrimination. Similarly, the
inclusion of these provisions in the university charter.
 Collecting data on discrimination of children in school on all discrimination criteria
(ethnicity, gender, disability, socio-economic status, sexual orientation, mother
tongue, etc.) in order to prevent or intervene in cases of discrimination and to protect
children from vulnerable groups. Establishing and implementing a standardized
methodology and / or measuring instruments in this regard.
 Establishing and applying procedures for identifying, reporting and sanctioning cases
of discrimination in school, which take into account, at the same time, the safety and
protection of those who report. Ensuring the possibility of submitting these reports
at county, as well as at national level.
 Informing everyone, at the beginning of the school year (teaching and non-teaching
staff, students, parents) about regulations regarding non-discrimination (including
segregation), and about possible ways of reporting, combating, solving and/or
sanctions applied at the school or inspectorate level.
 Severe sanctioning of cases where school segregation and discrimination is found.
Presenting these cases publicly, while respecting data confidentiality and ensuring
protection of the vulnerable, at the level of the school, of the county and nationally.
 Implementing models of good practices already established in some of the schools
that have used these methods to prevent forming segregated schools.

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 Adopting the legislative modification introduced by the Romanian Agency for Quality
Assurance in Pre-academic Education (ARACIP) regarding the approval of the
provisional operating authorization standards, accreditation standards, reference
standards and performance indicators for the evaluation and quality assurance in
pre-university education. These include specifically the assessment of how the
educational institution ensures and improves, as one of the ten essential aspects,
"Combating discrimination, ensuring the rights of minorities and interculturality of
school life". Specific accreditation or reference standards are provided regarding
human rights and the rights of the child, the principles of non-discrimination and
equal opportunities and gender.
 Establishing partnerships with independent experts and/or non-governmental
organizations with the aim of realizing external evaluations of the schools from the
perspective of the capacity and needs to achieve an inclusive and non-discriminatory
education.
 Create a database with tools, materials, inclusive education and human rights
activities developed and piloted in Romania, but also in other countries, as a resource
for teachers throughout the country. These materials should be accompanied by
contact details of the authors / NGOs / institutions that have developed and piloted
them. The database should also include case studies, a presentation of discrimination
and its effects.
 Developing methodologies (where none exist) and evaluating existing and not yet
evaluated public policies, such as the affirmative measures in education for Roma
children and establishing subsequent intervention according to the evaluation
results.
 Constant monitoring and, subsequently, evaluating the impact of each measure /
policy implemented after a period of 4-5 years and their revision according to the
results.
 Reintroducing for public consultation the strategy on parental education and
adopting this strategy. Involving all parents in establishing a non-discriminatory
educational system which promotes inclusive education, as this is essential and
represents a support to the school in realizing this process.
 Establishing, where it is possible, additional centres of the school with the role of
informing children and parents about non-discrimination and rights.

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