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am înțeles

What have we gained and what do we stand to lose?14 years fighting for women’s safety

Bucharest, 9 May 2025, An article by Carmen Nemes, lawyer and President of the ANAIS Association

Background and legislative developments (2011-2025)

Since 2011, Romania has taken very important steps to prevent and combat domestic violence and violence against women. Law 217/2003 on preventing and combating domestic violence has been successively amended to broaden definitions, introduce new protection instruments and bring national legislation in line with European standards. A key moment was the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in 2016, which obliged the Romanian state to change laws, introduce comprehensive public policies and allocate resources for favouring a zero tolerance enviroment to violence of any kind.

Since then, the legal framework has been gradually strengthened, with a focus on protecting victims and holding perpetrators accountable. At the same time, civil society – in particular non-governmental organizations such as the ANAIS Association – has played an active role in promoting these reforms, working with the authorities to improve legislation and public policies. In the following, we will present the main legislative developments, the new rights obtained, the institutional protection mechanisms developed and the risks of setbacks to be prevented.

Although this article reflects the experience and contribution of the ANAIS Association in the 14 years since its founding (2011-2025), I consider it essential to emphasize that the fight for the protection of women against domestic violence did not start with us. Since the 1990s and early 2000s, other feminist organizations, initiative groups and human rights defenders have paved the way with extraordinary courage. They were instrumental in bringing about the first laws and transforming the public discourse on violence. We at Anais have had the privilege and responsibility to continue this fight, consolidating what has been won, coming up up with our own  approach of providing integrated and multidisciplinary private services for victims and pushing the reforms forward. The progress we are talking about today is the result of a joint effort, built step by step by an entire dedicated community.

All these achievements have radically transformed the landscape of protection for victims of domestic violence in Romania. Human rights cannot die because of political pressures.

Politics will never be above human rights, because they flow from the highest natural law and are due to people by virtue of their human nature. Any political power must subordinate itself to human rights to remain legitimate. But the rights won are not irreversible.

It is important to note that the evolution of rights and legislative changes have come in all legislatures, regardless of the dominant political color or not in the last 14 years, which shows a social and political consensus on the importance of protecting victims of domestic violence

In a politically unstable climate, with the emergence of conservative and misogynist trends, there is a risk that the progress made could be called into question: either by attempts to change legal definitions, or by reducing financial support for specialized services or even by withdrawing from international commitments.

Brief chronology of key legislative developments

2011 Increasing civil society involvement: the ANAIS Association is founded (25.11.2011) with the mission to promote and defend women’s rights and to change policies for their benefit. In parallel, other organizations are created and the authorities develop inter-institutional intervention methodologies (GD 49/2011) for cases of domestic violence and violence against children.

2012 Introduction of the protection order: a legislative amendment (Law 25/2012) introduces the protection order for victims of domestic violence. For the first time, victims can obtain in court an order forcing the aggressor to keep distance, to leave the common residence, etc., under criminal sanction of violating the court judgment. This was a major change, bringing Romania in line with other European countries in offering a legal tool for immediate protection.

2015 Emergency measures and support services: the Law 217/2003 is amended to urgent protection procedures. In November 2015, the obligation of immediate communication (within max. 5 hours) of the protection order to the Police for swift enforcement was clarified. In December 2015, another amendment (Law No. 351/2015) required the court to resolve protection order applications within 72 hours of filing drastically reducing the timeframes (which previously could reach several weeks). Also in 2015, the authorities launched the single national emergency number 0800 500 333 – a free 24/7 helpline offering advice and information to victims of domestic violence.These measures have improved rapid access to protection and support.

2016 – Ratification of the Istanbul Convention: Romania formally ratifies the Istanbul Convention (through Law no. 30/2016). Parliament almost unanimously approves this international treaty, thus assuming the obligation to adopt the broad definition of violence against women and domestic violence and to implement integrated measures to prevent, protect victims and prosecute perpetrators. The ratification created the basis for the subsequent legislative changes needed to align with the standards of the Convention.

2017-2018 – Comprehensive legislative package: in the years following ratification, an inter-institutional working group (ministries and relevant NGOs, including members of the VIF Network, of which ANAIS is part) develops a comprehensive draft amending Law 217/2003. The joint effort, carried out over five governments, culminates in the adoption of Law No. 174/2018 (in force since July 2018). The Parliament approves these amendments as a matter of urgency, integrating the provisions of the Istanbul Convention into Romanian law. Law 174/2018 brings major changes (detailed in the following section) aimed at providing a victim-centered approach and more effective intervention.

2019-2020 – Implementation and new additions: following the adoption of the 2018 reform, authorities issue regulations to implement the new provisions (e.g., MIA Order No. 146/2018 for the provisional order procedure). Official statistics are compiled by IGPR on domestic violence, in line with the new requirements for gender-segregated data at the VIF Network. In 2020, legislation is complemented to keep pace with new forms of abuse – cyber-violence is explicitly defined as a form of domestic violence (harassment, threats or sharing intimate images online by a partner) and thus made punishable by law.

2021-2025 – Consolidation and technological tools: Law No. 146/2021 on electronic monitoring is adopted, which allows the surveillance of aggressors by electronic bracelets in case of a protection order. From 2022, the monitoring system begins pilot operation, initially in Bucharest and a few counties, followed by national expansion. This system responds to a need that women’s organizations have been insisting on – to ensure compliance with protection orders and prevent recidivism.

By 2025, Romania’s legislative framework in the field of domestic violence can be considered robust and in line with European standards, with the focus shifting to consistent implementation and defense of these achievements. Of course, we still have a lot to regulate, which is why we cannot allow any regressive trend.

Rights and measures obtained through legislative changes

The current legislation provides victims of domestic violence with a number of new rights and protection tools gained over the last decade as a result of successive amendments to Law 217/2003 and the implementation of the Istanbul Convention. Here are the main advances of women’s rights:

Expanded definitions of domestic violence and recognition of violence against women – The new provisions have replaced the restrictive notion of ‘family violence’ with the broader concept of ‘domestic violence’, which covers not only family members in the legal sense, but also former or current intimate partners, regardless of whether they were married or cohabiting. The law also now includes a definition of violence against women in line with the Istanbul Convention, explicitly recognizing the gendered nature of this type of violence. With these changes, the scope of protection has been widened to cover previously uncovered situations (e.g. violence by cohabiting or cohabiting partners, even if there is no family relationship).

Recognizing the multiple forms of abuse – The law currently defines domestic violence as „any intentional physical, sexual, psychological, economic, social, social, spiritual or cyber violence or inaction or action” perpetrated against a family member or partner. Thus, in addition to physical violence, psychological violence (e.g. threats, coercive control, emotional blackmail), sexual violence (including marital rape), economic violence (control of finances, prohibition from work), social violence (isolation of the victim from family/friends) and spiritual violence (prohibition from practicing a faith) are also recognized – all of which are prohibited and subject to sanctions. Since 2020, as mentioned, cyber-violence has also been added, such as online harassment or threats by a partner. The recognition of these various forms of abuse is a right won for victims: they can also seek protection for non-physical abuse, which was often minimized before.

Court protection order (PO) – Victims have acquired the right to quickly apply for and obtain a protection order issued by a judge, imposing immediate measures on the perpetrator: eviction from the shared dwelling, keeping a minimum distance from the victim, prohibition to contact the victim, entrusting the children to the victim, etc. The introduction of this legal instrument in 2012 was a historic step, as Romania filled a legislative vacuum. Subsequently, the effectiveness of the order has been increased by procedural measures in 2015 (maximum 72 hours in court and prompt communication to the police). Violation of the protection order constitutes a crime (failure to comply with the court order), so that perpetrators can be held criminally liable if they ignore the restrictions imposed – a further deterrent and protection for victims.

Provisional Protection Order OPP (issued urgently, on the spot, by the police) – A major achievement of the 2018 reform is the introduction of the Provisional Protection Order (OPP) issued directly by the police officer, on the spot, in situations of imminent risk. This provisional order (valid for a few days) can be issued on the spot, 24/7, without waiting for a court decision, when the life or integrity of the victim is in immediate danger. The police can then immediately remove the aggressor from the home and impose the necessary restraining orders, after which the victim can apply for the traditional protection order in court. The right to a PPO has already saved lives by eliminating critical waiting times. The implementation of this measure also required training for law enforcement and an order from the MIA detailing the procedure (issued in December 2018).

Monitoring and sanctioning mechanisms – The 2018 Amendments expressly provided for the need to supervise compliance with protection orders and paved the way for electronic monitoring of perpetrators. This right was concretized in subsequent legislation (Law 146/2021), which obliges abusers to wear electronic tracking devices (bracelets) to alert authorities if they illegally approach the victim. Authorities are also now obliged to collect data and report regularly on domestic violence, including cases of violation of protection orders.The transparency of these statistics (including by gender) helps to hold institutions accountable – an indirect right of the public to know the extent of the phenomenon and the effectiveness of measures.

Access to protection and support services – The new provisions strengthen the victim’s right to receive adequate protection and support from the state. Law 217/2003 republished post-2018 states the responsibility of central and local public authorities to finance and provide social services for victims (from emergency shelters and sheltered housing to psychological counseling centers, free legal aid and rehabilitation). In practice, it has been established that municipalities and county councils must provide resources for such services, which are no longer left solely to the initiative of NGOs. Also, by transposing the EU Directive 2012/29/EU on victims’ rights, victims of domestic violence are entitled to information, legal advice and legal aid (including, under certain conditions, free legal aid) and financial compensation from the state if they have suffered serious harm. Procedures are also now in place whereby victims can be accompanied by social workers or lawyers in court and can also benefit from protection orders after leaving shelters to facilitate safe reintegration.

Counseling and programs for batterers – Another aspect introduced is the focus on batterer recovery. The law foresees the possibility and even obligation, in certain cases, for offenders to participate in psychological counselling, therapy, de-alcoholization or re-education programs. This is important to prevent re-offending and address the causes of violent behavior. Although this right (of the community to safety through rehabilitation of offenders) is less visible, it is part of the holistic approach promoted by the Istanbul Convention.

Overall, the rights gained over the last decade include: the right of victims to prompt and effective protection (through protection orders and prompt police intervention), the right to have all forms of abuse (not just physical abuse) recognized and sanctioned, the right to support services and accessible justice, and the right to a coordinated institutional approach to ensure their long-term safety.

These legislative advances are the foundation on which the fight against gender-based violence is based in Romania today

Institutional instruments and protection mechanisms developed

The legislative reforms have been accompanied by the strengthening of institutional instruments to effectively prevent and combat domestic violence. Key protection mechanisms and institutions developed over the last decade include:

  • National Agency for Equal Opportunities for Women and Men (ANES):

Established (or re-established) in 2014-2015, ANES took on the role of coordinating domestic violence policies by the central authorities. By ANES initiative, specific legislation was drafted in 2018, national programs were implemented and progress was monitored (e.g. ANES coordinated the development of the first emergency sheltered housing for victims and initiated awareness campaigns). ANES functions as the institutional focal point with policy, regulatory and monitoring functions in the field of preventing and combating violcence against women. It also manages the national emergency hotline and relevant databases.

Strengthening ANES has been essential for the sustainability of the new rights – a dedicated structure ensures that the provisions of the law do not remain just on paper.

  • Inter-institutional coordination and multidisciplinary teams:

A mechanism introduced since 2011 (through governmental methodologies) and subsequently reinforced is the multidisciplinary team intervention. In cases of serious domestic violence, local authorities are obliged to convene teams consisting of a police officer, social worker, doctor, psychologist and, where appropriate, an NGO representative to assess the situation and intervene in a concerted manner. This integrated approach ensures immediate protection (e.g. taking the victim to a centre, medical assessment of injuries, counselling of child witnesses) and long-term planning (including reintegration measures). In each county, Domestic Violence Prevention Committees (set up by law) bring together relevant public institutions to coordinate local policies. Institutional collaboration has also been formalized through protocols – e.g. between the Police, Public Prosecutor’s Offices and hospitals – to ensure the rapid exchange of information necessary to issue protection orders within 72h.

  • Specialized services for victims:

The national network of services has expanded significantly. According to the law, every county and every sector of the capital city must have at least one shelter (emergency reception center) for victims and children, counseling centers and sheltered housing (where the victim can stay safely for longer periods). The quality standards for these services have been updated (by MMJS Order no. 28/2019) and their funding has been declared mandatoryfor local authorities but unfortunately this measure isn’t accompanied by correlative sanction, so not all local authorities have understood its importance. Currently there are also funding lines from the central budget (in the form of National Interest Programs – NIPs) which co-finance the establishment of new shelters or counseling centers. As a result, the number of places available for victims has increased and services have become more accessible (including by phone or online, especially during the COVID-19 pandemic).

  • National emergency hotline 0800 500 333:

Operational since 2015, the free and confidential helpline 0800 500 333 is a central tool to access help. Through a 24/7 call-center, victims (or their relatives) receive information about their rights, safety advice, primary counseling and referrals to local services (shelter, police, social welfare). In addition, the line is also used for anonymous reporting of cases by witnesses. This institutional mechanism has been strongly promoted by authorities and NGOs as a gateway to the protection system. Maintaining it is vital if rights are to be effectively exercised – the existence of the right is meaningless if the victim cannot use it. That is why the existence of this single number and public awareness of it is an important asset.

  • IT monitoring systems:

Following legislative changes, the Romanian Police has implemented an electronic Register of Protection Orders, so that any intervening officer can immediately check whether there is an active order on the name of the aggressor (so that they know how to act). Moreover, with the implementation of the monitoring system through electronic bracelets, it was necessary to set up a monitoring center within the MIA to oversee the alerts issued by the devices. The pilot stages (from 2022-2023) allowed the development of the necessary IT and communication infrastructure so that, in the future, any violation of the distance imposed by the order will be automatically reported to 112, allowing the immediate intervention of a crew. This innovative technological mechanism considerably increases the effectiveness of protection orders, transforming them from mere pieces of paper into instruments monitored in real time.

  • Training and intervention guides:

A key institutional component is the training of law enforcers. In recent years, the National Institute of Magistracy and police schools have included modules on gender-based violence, and ANES together with NGOs (including ANAIS) have developed intervention guides for police officers, social workers, medical staff, etc. (such as the „Intervention guide in cases of domestic violence” launched in 2015). The aim is for new legislation to be correctly understood and uniformly applied: e.g. police officers to use the risk assessment form to issue OPPs, judges to grant the protection order according to the Istanbul Convention guidelines (which require that the victim’s safety takes precedence over the aggressor’s property rights etc.). Investment in training and clear procedures is a less visible but fundamental mechanism to translate rights obtained on paper into practice.

  • National strategies and action plans:

Last but not least, the state has adopted multi-annual strategies setting concrete directions and measures. For example, the National Strategy on Promoting Equal Opportunities and Combating Domestic Violence 2018-2021 (and its action plans) assumed the development of the network of services, educational campaigns in schools about domestic violence, as well as the implementation of electronic monitoring. Such strategic documents are planning and evaluation mechanisms: they map out tasks for each institution (from the Police to the Ministry of Education, for the introduction of notions on gender-based violence in the curriculum) and allow for regular monitoring of progress. The continuity of these strategies, their updating and the funding of the measures included are essential to keep the right direction in anti-violence policies.

All in all, Romania has built a real anti-violence institutional infrastructure in recent years: from modern laws and dedicated agencies to services and procedures on the ground.

 These mechanisms need to be maintained and continuously developed as they are the effective guarantee of the rights victims have won.

Downside risks and rights vulnerable to a conservative agenda

While the progress made is notable, the rights gained in the area of combating domestic violence remain vulnerable if the political or social climate shifts towards a conservative or misogynist agenda. Without speculating on scenarios, we can identify a few directions in which these rights could be jeopardized and which, precisely for this reason, must be strongly defended:

Challenging the Istanbul Convention and the concept of „gender” : An ultra-conservative agenda could seek to denounce or dilute Romania’s commitments under the Istanbul Convention. Already in 2018, conservative groups from several Eastern European countries – including Romania – sent a letter to the Council of Europe in 2018 calling for a revision of the Convention and the elimination of the notion of gender on the grounds that it would contravene traditional family values (Of the 333 NGOs that signed, 160 were from Romania, a sign that there is organized opposition on the issue.) If such pressure were to gain political leverage, there is a risk that the very broad definition of gender-based violence and the emphasis on gender equality would be under attack. The potential consequences would be serious: it could revert to a restrictive view that ignores the structural dimension of violence against women, reducing the problem to individual cases and allowing the state to evade its obligations.

 Defending the Istanbul Convention – and thus the modern conceptual framework it brought – is essential to maintain progress.

Narrowing the definition of „family” and excluding some victims: one risk of the conservative agenda is to promote a strict definition of family (e.g. only marriage between a man and a woman) and to deny alternative forms of cohabitation. This could lead to attempts to restrict the applicability of domestic violence law to spouses and blood relatives only, excluding unmarried couples, same-sex partners or other relationships. A return to the old notion of „domestic violence” in a narrow sense would mean that some of the most vulnerable groups would lose protection (e.g. young women cohabiting with an abusive boyfriend but not married, or women harassed by ex-partners). Maintaining the inclusive definition of ‘domestic violence’ achieved in 2008 is crucial to ensure that no victim is left behind on the basis of marital status alone.

Minimizing non-physical forms of violence: A misogynist discourse might try to trivialize psychological, economic or sexual violence by presenting it as „normal family quarrels” or „private matters”. This would undermine law enforcement if authorities begin to treat complaints of threats, harassment or economic control superficially. For example, it would be a major setback to stop recognizing psychological violence as a reason for issuing a protection order – this recognition has been an important gain, as many victims suffer emotional abuse for years before it escalates to physical violence. A public trivialization of psychological violence (such as „that’s how marital quarrels are, it’s not the state’s business”) could lead to decreased reporting and increased tolerance of abusive behaviour. It is vital to defend the idea that all forms of domestic violence, not just hitting, are unacceptable and illegal – as the current law stipulates.

Obstructing access to protection orders: A patriarchal-minded government could impose procedural obstacles to obtaining protection orders under the guise of protecting „family unity” or preventing abuse of the law. For example, mandatory mediation or reconciliation between the victim and the abuser before the order is issued – practices strongly discouraged by the Istanbul Convention as they put the victim at risk – could be enforced. Or excessive evidence could be required for „minor” violence, making it difficult for a woman to get a protection order at the first signs of abuse. Such measures would strip away the hard-won right to rapid protection. Vigilance is needed to ensure that current procedures – effective and already used as a model of international best practice – are not hijacked or complicated by unfounded legislative initiatives.

Reducing support for victim services: A policy orientation that favors „traditional values” might see shelters, helplines or awareness campaigns as overkill or „encouraging family breakdown”. Specifically, it could manifest itself in budget cuts for shelters and counselling centres, blocking funding for non-governmental organizations active in the field, or disbanding bodies like ANES. Already in the past, the agency specializing in equality and domestic violence has been temporarily disbanded, creating a coordination vacuum. A regression scenario would be to repeat such a decision, leaving anti-violence policy without an administrative pillar and a legislative initiative. Also, not funding services (or making them conditional on various moral criteria) would mean that, although on paper the victim is entitled to help, in practice she cannot find it anywhere. Defending the right to services for victims means ensuring their financial sustainability and recognizing them as an integral part of the state’s obligations, not as charitable favors.

Ideological attacks on education and awareness: the anti-gender equality agenda has also manifested itself in attempts to ban gender and equality education in schools (such as the legislative initiative declared unconstitutional in 2020). Such moves can jeopardize long-term prevention of violence. If young people no longer have access to information about harmful stereotypes, mutual respect and non-violent conflict resolution, there is a risk of perpetuating a social climate that tolerates violence. That is why the right of future generations to an education that promotes gender equality and non-violence must also be defended – it is a preventive right, one might say, and it’s the duty of the state to change retrograde mentalities. A conservative agenda could sabotage precisely these soft efforts (campaigns, civic education classes focused on this issue), thus calling into question the sustainability of progress in the long term.

In conclusion, the rights won must be continuously defended in the face of any tendency to revert to regressive policies. Whether we are talking about the integrity of the Istanbul Convention, maintaining comprehensive definitions of violence, maintaining unfettered access to justice and services, or continuing to change mindsets, each of these elements can become a target for a conservative or misogynist agenda. The experiences of other countries in the region show that regression is possible if society fails to react: for example, Bulgaria and Slovakia have blocked ratification of the convention on the grounds of „protecting the family”, while Poland has flirted with the idea of denouncing the treaty. In Romania, the strong voice of civil society and the pro-active stances of some institutions (such as the Constitutional Court, which has defended gender studies) have so far managed to resist these trends.

It is essential that what has been achieved between 2011 and 2025 should not be taken for granted: on the contrary, every right that has been won – from the protection order, to safe shelter, to the recognition of psychological violence – must be known, exercised and defended. This is the only way to prevent the gradual erosion of these achievements under the pressure of visions that do not value women’s equality and dignity.

Finally, it is worth emphasizing that the rights and mechanisms won do not represent privileges, but minimum conditions for women’s safety and lives. Any regression in this area would mean lives put at risk and a step backwards for Romanian society.

 The agenda for the future must therefore focus on strengthening and faithfully implementing these rights, not questioning them. It is the responsibility of the pro-equality community (institutions, NGOs, citizens) to remain vigilant: what has been achieved must be defended every day, against any attempt to turn back the clock.

Although important progress has been made, women’s rights remain permanently at risk of regression. For example, Sherine Tadros, Amnesty International’s representative at the UN, points out that despite the existence of international resolutions and a seemingly solid legislative framework, „we are under attack as women, as members of the LGBTI community, as human rights defenders„. She points out that these attacks are coordinated and target the very fundamental pillars of gender equality, whether through micro-aggressions – such as removing gender references from official documents – or direct measures, such as restricting the right to abortion or under-funding services for victims.

Internationally, the need for feminist and pro-equality movements to remain united and vigilant is growing, as any internal divisions make them more vulnerable to anti-rights actors.

The lesson is clear: progress is not irreversible and must be defended every day, both through concrete action and global solidarity.

Conclusion

Between 2011, when we were established, and until today, in 2025, Romania has come a long way in recognizing and protecting the rights of women victims of violence and we have been witnesses and active contributors to this transformation.

Legal instruments such as protection orders have been introduced and definitions have been broadened to cover all forms of abuse; institutional support structures have been created and international agreements have been ratified, binding firm action.

These achievements – obtained through the joint efforts of civil society (exemplified by the role of ANAIS together with the other organizations in the VIF Network and beyond) and the authorities – have saved lives and changed mentalities. But the permanent obligation remains to maintain and defend them. The rights won can be seen as true democratic „constructions”: they need to be maintained, strengthened and sometimes defended against political storms. It is only by taking the protection of these rights seriously that we can prevent regression and ensure a future where no woman is afraid in her own home.

This article is not just a technical analysis. It is my rallying cry and a call for accountability at a critical moment. Everything we have built so far – every protection order issued, every life saved, every child removed from an abusive environment – is the result of a constant struggle. And it can be lost as easily as it has been won, if we allow ourselves the luxury of complacency or turn a blind eye to dangerous decisions.

On May 18 and beyond, every vote, every official position will count. We are not talking about paragraphs in a law, but about real destinies, about women and girls whose safety depends on what we choose to defend today. I know from experience how hard it is to win a right and how quickly it can be lost. That is why this message is also a personal pledge: we will continue to fight, with all our strength, to ensure that what we have achieved together is not destroyed.

And it is also a direct challenge to those who hold the decision-making levers: will you defend these rights or will you go down in history as part of the regression?

The future will not forgive us if we choose to turn a blind eye.

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Relevant legislative and policy references: Law no. 217/2003 (republished 2018) and subsequent amendments; Law no. 25/2012; Law no. 351/2015; Law no. 30/2016 (ratification of the Istanbul Convention); Law no. 174/2018; Law no. 106/2020; Law no. 146/2021; Government Decision no. 365/2018 (PPO rules); Istanbul Convention (ratified 2016); National Strategy 2018-2021 on Domestic Violence; ANES documents and reports; NGO contributions (VIF Network, 2018 Call of 88 NGOs, etc).

Selected bibliography: