Palace of the Parliament, Bucharest, where the Constitutional Court of Romania is located, July 2020. © Council of Europe
Romania’s Constitutional Court this week struck down a law parliament adopted in June 2020 that would have, among other things, banned “activities aimed at spreading gender identity theory or opinion” in educational settings. This is a positive development as the law violated Romania’s international human rights obligations, including those undertaken as a party to the Istanbul Convention on violence against women and the European Convention on Human Rights.
The law defined “gender identity theory” as a belief that “gender is a concept that is different than the biological sex and the two are not always the same.” The fact that gender is distinct from sex is a truism in social science and widely accepted, including by the World Health Organization and the World Medical Association.
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Romanian top court overturns ban on gender identity studies By Stephanie Nebehay and Nikolaj Skydsgaard
Girl wearing a PRIDE cap and a face mask bearing a black X attends an LGBT event outside the president s office
BUCHAREST (Reuters) – Romania’s Constitutional Court overturned on Wednesday a blanket ban on gender identity studies voted through by lawmakers and which rights groups and universities said would infringe on human rights and fuel discrimination.
Parliament passed the amendment to the education law earlier this year, pushing Romania’s sexual politics closer to the conservative stances of neighbouring Hungary and Poland.
]Centrist President Klaus Iohannis challenged the bill, which was approved without public debate, at the top court.