National legislation – protection of victims of human traffiking

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Main national legal instruments on trafficking in persons

-Law 678/2001 on preventing and combating trafficking in human beings, subsequently amended and supplemented;
-Government Decision 299/2003 to approve Standard Rules for Application of Law 678/2001 on 2001 on preventing and combating trafficking in human beings ;
-Government Decision 1654/2006 to approve the National Strategy against trafficking in persons 2006-2010;
-Government Decision 1720/2006 to approve the National Action Plan 2006 – 2007 for the implementation of the National Strategy against Trafficking in Persons 2006 – 2010;
-Government Decision 1238/2007 to approve the specific National Standards for Specialized Assistance Services provided to trafficking victims;
-Government Decision 982/2008 to approve the National Action Plan 2008-2010 for the implementation of the National Strategy against Trafficking in Persons 2006 – 2010;
-Joint Order by competent ministers and agency presidents – Ministry of Interior and Administration Reform, Ministry of Education, Research and Youth, Ministry of Public Health, Ministry of Labor, Family and Equal Opportunities, National Authority for the Protection of Child Right, National Agency for Gender Equality, National Agency for Employment, National Agency for Roma – to set up, organize and bring into operation the Thematic Working Group to nationally co-ordinate activities for the protection of and assistance to victims of trafficking. The document was published in the Official Journal 799/23.11.2007;
-Joint Order by relevant ministers – Ministry of Interior and Administration Reform, Ministry of Education, Research and Youth, Ministry of Public Health, Ministry of Labor, Family and Equal Opportunities, Ministry of Foreign Affaires, Ministry of Justice- president of the National Authority for the Protection of Child Right and the Prosecutor General, to approve the National Victim Identification and Referral Mechanism, published in the Romanian Official Journal 849/17.12.2008, part I;
-ANITP President Decision 4/2007, published in the Official Journal 837/6.12.2007, to approve assessment and authorization indicators of trafficking in persons preventive projects;
-ANITP President Decision 1/2007, published in the Official Journal 749/5.11.2007, to approve the National Interest Program to improve protection of and assistance to victims and the Methodology to grant funds for the development of specific projects within the National Interest Program;
-ANITP President Decision 2/2008, published in the Official Journal 132/20.02.2008, to approve the National Interest Program to improve protection of and assistance to victims and the Methodology to grant funds for the development of specific projects within the National Interest Program.

Legal national instruments and special provisions with reference to trafficking in children, rights of the child and fight against any form of child exploitation

-Law 272/2004 on the protection and promotion of the rights of the child;
-Government Decision 1443/2004 with regard to the methodology for repatriation of unaccompanied Romanian children outside the country and measures to ensure their special protection;
-Joint Order 123-429/2004 of the National Authority for Child Protection and Adoption and Ministry of Administration and Interior, (Official Journal, 6 December 2004);
-Government Decision 1295/2004 to approve the National Action Plan on preventing and combating trafficking in children;
-Government Decision 1769/2004 on the approval of the National Plan of Action to eliminate child labor exploitation;
-Government Decision 1504/2004 on the approval of the National Action Plan to prevent and combat sexual abuse and commercial sexual exploitation of children.

Other legal national instruments in respect of trafficking in persons

-Law 211/2004 concerning measures to ensure protection to victims of crime;
-Law 302/2004 on international judicial co-operation in criminal matters;
-Law 508/2004 concerning the organization and operation of the Directorate for the Investigation of Organized Crime and Terrorism related Offences within the Prosecutor’s Office of the High Court of Cassation and Justice;
-Law 39/2003 on prevention and combat of organized crime;
-Law 47/2006 on the National Social Welfare System;
-Law 116/2002 to prevent and combat social marginalization;
-Law 682/2002 on witness protection;
-Law 416/2001 on the minimum guaranteed income.

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