Question écrite de
M. Alin MITUȚA
-
Commission européenne
Subject: Human rights abuses in Romanian care homes
A Romanian press investigation has uncovered a series of severe abuses in several care homes around Bucharest. Elderly citizens were starved, held in improper conditions and denied their prescribed medical treatment. It has been proven that all the responsible authorities were made aware of these issues, but no action was taken.
These abuses are in direct violation of the Charter of Fundamental Rights of the EU, specifically Articles 4 and 25 thereof. The lack of action that characterises the Romanian Government’s response goes against the Council Recommendation of 8 December 2022 on access to affordable high-quality long-term care1, in which the Member States are recommended to ‘ensure that high-quality criteria and standards are established for all long-term care settings, tailored to their characteristics, and to apply them to all long-term care providers irrespective of their legal status’ (point 6).
Having regard to principles 17 and 18 of the European Pillar of Social Rights, the European care strategy for caregivers and care receivers and the Council Recommendation on access to affordable high-quality long-term care, the Commission has a duty to analyse the situation in Romania.
In this context:
1. Has the Commission assessed the above-mentioned issues?
2. Is it planning to launch an investigation into these severe abuses?
Submitted:11.7.2023
1 OJ C 476, 15.12.2022, p. 1.
Answer given by Mr Schmit on behalf of the European Commission
(6 September 2023)
The Commission is deeply concerned by this case as there is no place for mistreatment of vulnerable people in the EU. It will discuss this issue with the Romanian authorities.
However, the residential institutions concerned do not appear to be recipients of EU funding. According to its Article 51(1), the provisions of the EU Charter of Fundamental Rights (2) are addressed to the Member States only when they are implementing Union law.
In this case, it is for Member States, including their national law enforcement and judicial authorities, to ensure that their obligations on fundamental rights are respected.
Significant cohesion policy funds are available in the 2021-2027 programming period for measures benefiting older people in Romania: EUR 150 million from European Social Funds+ (ESF+) and EUR 40 million from European Regional Development Funds (ERDF) (3).
Moreover, EUR 97 million from ESF+ and EUR 117 million from ERDF will finance rehabilitation, palliative and medical services for older people and persons with disabilities.
In parallel, the Romanian National Recovery and Resilience Plan (NRRP) covers the reform of the long-term care services for older people (4).
The national framework should be in accordance with the Council Recommendation on access to high quality affordable long-term care and the European Care Strategy.
1 ∙ ⸱ OJ C 476, 15.12.2022, p. 1.
2 ∙ ⸱ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT
3 ∙ ⸱ They will finance home care services and training of professionals/informal carers working with vulnerable older people, as well as adaptation and minor
improvements of housing and provision of adapted individual social housing for older people, respecting the principle of non-segregation. Development of day care centres will also be financed.
4 ∙ ⸱ It will be based on a full mapping at community level of the potentially dependent older population or at risk, with an indicative timeline for completion of
December 2022, and the creation of a network of day care and rehabilitation centres for older people by June 2026 in complementarity with the investments from the cohesion policy funds.
| | )The use of EU funds is conditional to the implementation and application of the Charter and of the United Nations Convention for the Rights of Persons with Disabilities.
The Commission will continue to monitor closely the use of EU funds and the implementation of the reforms and investments set out in the NRRP, as well as the long-term care Recommendation, notably through the European Semester and the open method of coordination.