A number of non-governmental organizations against trafficking in persons (RoTIP) are demanding that the Romanian Senate withdraw the draft law from the legislature. This is a legislative initiative that allows minors who have reached the age of 16 to travel abroad unaccompanied upon a notarized statement from their parents or legal representatives.

“Reducing the age of travel abroad for minors from 18 to 16 makes Romanian and Ukrainian children even more vulnerable to organized criminal networks, which are very active in both countries. In practice, this legislative amendment will facilitate the removal of children from Romania, potential victims of minor trafficking or other forms of crime,” RoTIP representatives say.

Non-governmental organizations note that Romania has the highest number of minors who have become victims of human trafficking in Europe, and that their number has increased 10 times in 2 years, according to a report by the European Commission.

“Statistics for 2020 published by the Romanian government show that the number of exploited children is constantly increasing, covering all age categories – from 1 year to 18 years, with a very high proportion of children between the ages of 16 and 18 who are exposed, in particular, to sexual exploitation We demand from the Senate of Romania to urgently withdraw the bill B658/2022, which, in the context of our country and in connection with the above data, cannot be an effective legislative amendment in favor of the Romanian child or the child in Romania,” the NGOs ask.

Signatories to the request are: European Center for Legal Education and Research Association (ECLER), Cultural Socio-Economic Association Christiana, Association of Romanian Women in Italy (AFRI), Initiative Association for Justice (AIJ), Association for Cooperation and Sustainable Development (ACDD), Association Jesuit Service for Refugees from Romania (JRS), Association Valore Plus (AVP), Community Development Agency Foundation and Freedom House Romania Foundation (FHR).

What does the draft law provide that will allow minors to travel unaccompanied

More precisely, minors who have reached the age of 16 will be able to travel abroad unaccompanied, but with the written consent of their parents or legal representatives.

• “As an exception, minor citizens of Romania who have reached the age of 16 may travel abroad unaccompanied with the consent of their parents or legal representatives in accordance with the terms of this law,” the draft reads.

Thus, “border police authorities will allow the departure from Romania of minor citizens of Romania who have reached the age of 16, holders of an individual travel document or, depending on the circumstances, an identity card and unaccompanied by an adult natural person.” , if he presents a notarized statement of both parents or, depending on the circumstances, of the parent to whom he was entrusted by a final and irrevocable court decision of the parent who alone exercises parental authority in accordance with the final and unappealable court decision, of the surviving parent or his legal representative, including their consent for the minor who makes the relevant trip, to the state or countries of destination, the period in which the trip is to take place, as well as the purpose of the trip.”

Other provisions of the bill:

• Diplomatic and consular missions of Romania are obliged to notify the body of the central state administration with powers in the field of protection of children’s rights regarding minors under the age of 16, Romanian citizens who are abroad, who for any reason are not accompanied by their parents or another legal representative or are not under the legal supervision of persons from abroad.
• In the same sense, the body of the central state administration for the protection of children’s rights takes the necessary measures to return a minor who has not reached the age of 16 to his parents or another legal representative immediately after his return. identification.
• If the designated persons are unable or refuse to take the child, at the request of the Main Department of Social Assistance and Child Protection, the court at the child’s place of residence shall make a decision on the placement of the child in accordance with this Law.
• The procedure for returning children to the country, the identification of parents or other legal representatives, the method of advancing expenses caused by their return to the country, as well as special, state or private security services, authorized to provide emergency protection. for minors in this foreseen situation are determined by the decision of the Government.

The project was submitted to the Senate on October 25 by 88 PNL and UDMR deputies. In the motivation, the initiators claim that “the goal is to ensure a regime of stay abroad for minors over 16 years of age, a regime that corresponds to the current rights and obligations.

At the same time, the initiators refer to the fact that there is a “flow of minors who cross the state border for the purpose of studying abroad or reuniting with their family, and need a more simplified mode of movement according to their needs.

There are also minors over the age of 16 who, in the event of their parents’ divorce, settled abroad and, in order to maintain personal relationships, go abroad,” the parliamentarians explain.