Documentar. Incriminarea și dezincriminarea homosexualității. Articolul 200 din Codul penal românesc
Documentary. The criminalization and decriminalization of homosexuality. Article 200 in the Romanian Criminal Code

Summary/Abstract: ConclusionSince 1994, when the Constitutional Court adopted an interpretation of art. 200 which diluted repressive system against the LGBT community, until now, Romania has taken essential steps in recognizing gay rights. Repeal art. 200 of the Penal Code in 2001, and the adoption O.G. no. 137/2000 on preventing and sanctioning all forms of discrimination, which included explicit grounds of sexual orientation were key moments of legislative changes aimed at halting a long harassment of the gay community. These developments of the normative were the result of international pressure: in 1994, as a result of the receipt of Romania in the Council of Europe and ratify the European Convention on Human Rights after 2000 in relation to the requirements for Romania's EU accession. Surveys and sociological studies over the last 15 years indicate both a widespread intolerance against the LGBT community, among young people, and between people mature too. The hostility towards lesbian and gay is by far the most intense, much more intense than the motivated ethnic, national, religious or the fear of a disease. This probably explains, by campaigns conducted against homosexuality by religious actors, primarily the ROC and "civic" organizations that were created or assumed a religious social project. Since 2015, the Romanian Orthodox Church campaigned to prevent last legislative adjustment to the principle of full equality of gay and heterosexual person’s recognition of same-sex marriage or at least their civil partnership. ROC entire bureaucratic system was put into the service of introduction in the Constitution of a religious criterion in defining marriage: to impose this act, however, essentially civil, to be possible only between a man and a woman. Tightening until June 2016 some 3 million signatures by priests and volunteers part of the "Coalition for the family", this change may not have a legal impact. But it has the effect of homophobic indoctrination.

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