Regulation of Femicide in Romania in the Context of European and International Standards on Combating Violence Against Women

Abstract

The legislative rationale underlying the regulation of femicide in Romania was the persistent rise in lethal violence against women, particularly within family or intimate relationships, and the need for a coherent legal framework capable of preventing, identifying, and sanctioning gender-based killings. This paper analyzes the international and European legal benchmarks considered by the legislature, including the United Nations’ approach to femicide, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the perspective of the Istanbul Convention on prevention, protection, and due diligence. The Romanian legislature adopted a legislative approach that did not create a distinct offense of femicide in the Criminal Code, but instead introduced a special law defining femicide, imposed obligations regarding data collection and risk assessment, and amended several provisions of criminal law and criminal procedure. The enactment of Law No. 53/2026 marks a significant step toward the legal recognition of femicide in Romania as a specific form of lethal gender-based violence, while upholding the principles of legality, proportionality, and predictability in criminal law.

KEYWORDS: Femicide, Intimate Partner Femicide, Non-Intimate Partner Femicide, Indirect Femicide, Domestic Violence, Criminal Law, Romania