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• December 14, 2002-The new legislative package is submitted for public debate.

• Early 2003-The legislative package is sent to the European Commission to receive the point of view from the European body. The experts of the European Commission submit their observations. The legislative package on child protection consists of Draft law on protection and promotion of the rights of the child; Draft law on adoption; Draft law on the structure, operation and funding of the National Authority for the Protection of the Rights of the Child; and a Draft law on the structure, operation and funding of the Romanian Office for Adoptions.

• May 5, 2003-JCICS participates in the public debate on a version of the Legislative Package on Child Protection and submits comments. JCICS' concerns include the prohibition of adoption of children under the age of two, a prolonged parental consent period, prolonged travel requirements, etc.4

• December 2003-Romania faces considerable pressure following reports of 105 children being approved for adoption during the moratorium by Italian families. This spurns negative press against international adoption and some individual's state that Romania's 2007 entry into the EU may be in jeopardy.

• February 5, 2004-The Emergency Ordinance is repealed. All international_adoptions are suspended until the new adoption law takes effect. During the moratorium, 1,115 international adoptions were processed under the exceptional procedure.5

• March 10, 2004-The European Parliament approves a pre-accession report on Romania presented by Baroness Nicholson. In the resolution, Parliament states "Romania will have to deal with the high level of corruption, ensure the independence and proper functioning of the judiciary, guarantee freedom of the media and stop ill-treatment at police stations" [MEPs] reminded Romania that Parliament has to decide whether to approve Romania's accession." 6

• March 11, 2004-The new adoption law is approved by the Romanian Cabinet and is sent to the Parliament. As reported by Gabriela Coman, the new adoption law would cease all intercountry adoptions with the only exception being when the child has relatives up to the second-degree in the adoptive family abroad. JCICS understands that second-degree relatives are defined as grandparents or siblings.

• June 21, 2004-Romanian President Iliescu signed into law the new adoption legislation.

• September 24, 2004-JCICS met with officials from the Embassy of Romania, U.S. Senate Foreign Relations Committee and the Bureau of European and Eurasian Affairs within the Department of State to discuss Romania adoptions.

• October 19, 2004-Romania agrees to establish international adoptions committee. The international commission will be estab

4 The May 2003 version differs significantly from the March 2004 version. In addition, two other versions were released (October 2003 and January 2004) which were less restrictive than the March 2004 version.

5 Under the Emergency Ordinance 384 children were adopted by families in the United States, 230 in Italy, 224 in Spain, 73 in France, 49 in Israel and 44 in Germany among others.

6 Nicholson, Baroness Emma. "A warning shot for Romania", Report on Romania's Progress Towards Accession. (COM(2003) 676-C5-0534/2003-2003/2203(INI)), Doc.: A5-0103/2004.

lished for the purpose of reviewing pending cases that were registered with the Romanian Government prior to adoption of the new law.

• December 2004-President Traian Basescu takes office.

• January 1, 2005-The new adoption law is implemented in Romania limiting international adoptions to only biological grandparents. However, U.S. adoption law prohibits relative adoptions in cases of grandparents.

• January 2005-The U.S. Government has identified approximately 211 "pipeline cases" in which Romanian children had been matched with U.S. parents prior to the adoption of the new law. The U.S. families have indicated they still want to continue with the process.

• Present-It is not known exactly how many children remain in institutions, foster care placements or are living on the streets. In the spring of 2004, there was an estimated 37,000 Romanian children still living in institutions. To date the pipeline cases have not been processed.

3. UNITED NATION'S UNIVERSAL DECLARATION OF HUMAN RIGHTS Universal Declaration of Human Rights Adopted and proclaimed by

General Assembly resolution 217 A (III) of 10 December 1948 On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal

respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence wor

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