"PROBLEMS IN ROMANIA OBSERVED BY MENTAL DISABILITY RIGHTS INTERNATIONAL WHICH EXIST IRRESPECTIVE OF ANY SPECIFIC INSTITUTION."

My source in Romania - A, has done an indept analysis of the MDRI report. Here are his words followed by his analysis of the report and Romania.

There has been much in the news here in Romania denying the documented allegations in the MDRI report. Below you'll find my analysis of the report with regard to the problems in the child protection system/law and in the adoption system/law.There are major problems here which exist irrespective of any particular institution. Thus to claim, "It's not like that in that place anymore," doesn't "cut the mustard". To keep this first installment short, I've included only the items from the Executive Summary. The most damaging material is yet to come, but this gives you some idea of the breadth and depth of the problems (running the gamut from ignorance to lying).

An analysis of the report "Hidden Suffering: Romania's Segregation and Abuse of Infants and Children with Disabilities", published May 2006 by Mental Disability Rights International

This analysis is intended to demonstrate that there are serious problems in the child protection system in Romania irrespective of any specific institution. It will also demonstrate the serious deficiencies which exist with respect to the current legislation and norms (regulations) regarding child protection and adoption.

The problems will be listed as they occur in the report with the corresponding general principles listed after each problem. Quotation marks will be dispensed with since the information is taken directly from the report.

Numbers 1-19 constitute material only from the executive summary. More to follow.

1. Romania's new law 272 that bans placement of babies in institutions does not protect children with "severe disabilities;" despite this law, MDRI found babies with and without disabilities detained in institutions. p.ii. VIOLATION OF ROMANIAN LAW

2. These children are becoming psychologically and developmentally disabled as a result of this placement. p.ii. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES

3. Staff informed MDRI investigators that some children, with little or no disability could easily be adopted, but they are stuck in the facility only because they lack identity papers. p. ii. VIOLATION OF ROMANIAN LAW, BUREAUCRACY CREATED BY THE CURRENT CHILD PROTECTION AND ADOPTION LEGISLATION, TOO FEW AVAILABLE ADOPTIVE PARENTS IN ROMANIA, PREJUDICE AGAINST ROMA

4. According to UNICEF statistics for 2005, thousands of babies have no identity papers; officially, they do not exist. p.iii. VIOLATION OF ROMANIAN LAW; BUREAUCRACY

5. While some facilities are newer and cleaner, they are still inappropriate for children and will contribute to increased disability. P.iii. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES

6. Authorities informed MDRI that many of the children will spend their entire lives in institutions. ADOPTION ISSUE: SOME/ MANY WOULD BE ADOPTED IF INTERNATIONAL ADOPTIONS WERE OPEN.

7. Thousands of children with disabilities face life-time segregation in extremely abusive and barren institutions. p.iii. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES. ALSO, ADOPTION ISSUE: SOME/ MANY WOULD BE ADOPTED IF INTERNATIONAL ADOPTIONS WERE OPEN.

8. Our planning process is like a man who wakes up every morning and says he is going to paint his house. But somehow, he keeps talking and the house never gets painted. (From the GOR) p. iv. THEORY BUT NOT PRACTICE

9. The abusive conditions and lack of care constitute "inhuman and degrading treatment" under article 3 of the ECHR. The dangerous use of physical restraints, the lack of hygiene and the exposure to communicable diseases threaten the right to life under article 2 of the ECHR. P.iv. VIOLATION OF INTERNATIONAL LAW

10. Even children who receive adequate food in clean institutions become disabled. P.iv. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES

11. The psychological impact of institutionalization may plague a child for a lifetime. Thus, Romania's newer, cleaner, and smaller institutions still constitute a threat to children's right to protection from inhuman and degrading treatment under articles 2 and 3 of the ECHR. P.iv. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES; ALSO ADOPTION ISSUE: SOME OR MANY OF THESE CHILDREN WOULD ESCAPE THIS IF INTERNATIONAL ADOPTIONS WERE OPENED.

12. Law 272, which bans institutionalization of all children under the age of two, allows children with so-called "severe" disabilities to be institutionalized. As applied the law is discriminatory. The authorities use the law to write off a broad class of children with disabilities who are in fact capable of living in the community. P.iv. LEGAL AND INTEGRITY PROBLEM. ALSO, ADOPTION ISSUE: SOME OR MANY OF THESE CHILDREN WOULD BE ADOPTED IF INTERNATIONAL ADOPTIONS WERE OPENED.

13. By leaving children, and especially those with disabilities, behind in "smaller" institutions, Romania's reform vilates a broad array of rights under the UN Convention on the Rights of the Child. Under the Convention, children "should grow up in a family environment" to ensure their "full development". P.iv. VIOLATIONS OF INTERNATIONAL LAW; IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES.

14. Placement even in a small institution is not the "fullest possible" social integration for children . . . p.v. VIOLATION OF INTERNATIONAL LAW (ART. 23(3) OF U.N. CONVENTION); IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES.

15. Romania's failure to register children, provide them with an identity, and acknowledge their existence within institutions violates CRC article 7(1) which specifies that "the child shall be registered immediately after birth and shall have the right from birth to a name . . ." p.v. THE CURRENT LEGISLATION VIOLATES THIS PRINCIPLE OF INTERNATIONAL LAW; ALSO, BUREAUCRACY PROBLEMS.

16. Wasting time and funding on new forms of institutional care are no substitute for real families. P.v. IGNORANCE OF OR IGNORING OF CHILDHOOD DEVELOPMENT PRINCIPLES; ALSO, ADOPTION ISSUE: INERNATIONAL ADOPTIONS MUST BE OPENED IF ROMANIA REALLY WANTS TO RESOLVE THIS PROBLEM.

17. "This legislation completes the reform of child protection." (From the EU 2005 report on Romania) p.v. THEORY NOT PRACTICE; ALSO, LEGAL PROBLEM (IT'S A LOUSY LAW)

18. There are serious violations of both human rights conventions and funding provided to the Romanian government should be linked to clear and verifiable outcomes. P.v. THEORY NOT PRACTICE

19. A number of our sources took risks in speaking out about abuses they observed. Staff expressed fears that they could be punished for talking to us or allowing us to take photographs. P.vii. THREATS, SPITE, "SHOOT THE WITNESS"