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Section 6. Discrimination and Societal Abuses

Systemic Racial or Ethnic Violence and Discrimination

Under the law discrimination and harassment based on ethnic or racial criteria is punishable by a civil fine unless criminal legal provisions are applicable. According to the criminal code, public incitement to hatred or discrimination against a category of persons is punishable by imprisonment or a criminal fine. Special laws criminalize the spread of anti-Semitic or anti-Roma ideas and symbols, as well as ideas and symbols related to fascist, racist, and xenophobic ideologies. Committing any crime on basis of the victim’s ethnicity or race represents an aggravating circumstance, which carries a higher penalty. Prosecutions based on discrimination and violence against racial or ethnic minorities were rare.

Romani groups complained that there were instances of police harassment and brutality, including beatings. On May 3, according to the RomaJust Association of Roma Lawyers, police detained two Romani persons and took them to the police precinct in Baia village, Tulcea County. At the precinct, police officers severely beat and humiliated the two Roma for hours and used racial slurs against them. According to RomaJust, the victims suffered multiple injuries that took two months to heal. RomaJust reported that prosecutors started an investigation against police, which revealed that police officers from the area had a habit of beating Roma suspected of committing crimes.

Discrimination against Roma continued to be a problem. NGOs reported Roma were denied access to, or refused service in, some public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. According to a report released by the ADHR-HC in December 2020, Roma faced discrimination in the criminal justice system. Some lawyers refused to defend Romani persons, while police, prosecutors, and judges held negative stereotypes of Roma.

A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, as of October, 63,777 persons older than 14 residing in the country did not have valid identity documents. Romani rights activists reported that most of these persons were Roma who could not acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.

Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs, including the Center for Advocacy and Human Rights, continued to report that segregation along ethnic lines persisted in schools. The Center for Legal Resources reported that some teachers used discriminatory language against Romani students. Media and NGOs reported that on June 3, a sixth-grade student of Romani ethnicity threw himself out of a second-floor window of his school following repeated discrimination by his teacher and classmates.

Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge regarding the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases, authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.

Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. Ethnic Hungarians reported that the government did not enforce the law that states that ethnic minorities are entitled to interact with local governments in their native language in localities where a minority constitutes at least 20 percent of the population. There were continued reports that local authorities did not enforce the law requiring localities with at least a 20 percent minority population to have bilingual road signs. On July 19, media reported that a doctor in the Satu Mare County Emergency Hospital berated an elderly ethnic-Hungarian woman for speaking Hungarian while at the hospital. The patient, who spoke poor Romanian, was struggling to explain her symptoms to the doctor. According to the results of the most recent census, 37.6 percent of the population in Satu Mare County was ethnic Hungarian. The management of the Satu Mare County Emergency Hospital initiated disciplinary proceedings against the doctor.

In February unknown persons vandalized the Hungarian writing on a welcome sign located in the city of Cluj-Napoca and painted the Romanian flag on the Monument of Szekler Martyrs in the city of Targu Mures that commemorates several Hungarian revolutionaries. During a rally on March 29 in the city of Pitesti by the Alliance for the Unity of Romania Party, several hundred participants chanted, “Hungarians out of the country!” The Miko Imre Association for Minority Rights stated that government authorities have not provided forms and information related to the COVID-19 vaccination campaign in Hungarian.

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