European Court of Human Rights Rules Against Romania's Sex-Based Retirement Age Policy

Strategic Insights -

The European Court of Human Rights has found Romania's policy of automatically terminating the employment of female civil servants at a lower age than their male counterparts to be discriminatory and in violation of the European Convention on Human Rights. This decision was made in the cases of Moraru and Marin v. Romania, where two female civil servants challenged the government's policy of setting different retirement ages for men and women. The court found that the policy perpetuated harmful stereotypes and had no reasonable justification.

Key Takeaways:

  • The European Court of Human Rights has ruled that Romania's policy of automatically terminating the employment of female civil servants at a lower age than their male counterparts constitutes discrimination based on sex.
  • The court found that the policy perpetuates harmful stereotypes and has no reasonable justification.
  • The decision applies to civil servants who have attained the retirement age set for women but wish to continue working until they reach the retirement age set for men.
  • The court's ruling is based on Article 1 Protocol 12 of the European Convention on Human Rights, which prohibits discrimination on the basis of sex.
  • The decision has implications for Romania's public sector, where many civil servants may be affected by the policy.
  • The court's ruling cited previous EU Court of Justice decisions, including Kleist and Marshall, which established the principle that discrimination based on sex is prohibited in the workplace.
  • The decision was made in the cases of Moraru and Marin, where two female civil servants challenged the Romanian government's policy of setting different retirement ages for men and women.

Statistics:

  • The pension age for women in Romania is currently 63, while for men it is 65.
  • The retirement age was initially set at 57 for women and 62 for men in 1977.
  • The standard retirement age was gradually increased to 60 for women and 65 for men between 2003 and 2010.
  • According to the UN's Istanbul Convention, states should take measures to prevent discrimination based on sex, including in the workplace.

Sources:

  • European Court of Human Rights, Cases of Moraru and Marin v. Romania, Applications nos. 53282/18 and 31428/20, Judgment of 20 December 2022.
  • Law no. 3/1977 on public social security pensions and social assistance, Art. 8 SS 1.
  • Law no. 19/2000 on the public pension scheme and other social security rights, Art. 41.
  • Law no. 263/2010 on the unitary public pension scheme, Art. 53 SS 1.
  • Labour Code, Art. 25.