Activity report Contents Contents 12 Types of sanctions issued by the NCCD 2 Contents Steering Board in 2020 according to each 36 Activity of the Case File 3 Foreword relevant field Investigation Department 13 Distribution of outcomes in 2020 4 Statistical data on petitions received according to each discrimination criterion 43 Legal representation of the and processed during 2020 15 Distribution of outcomes in 2020 interests of the National Council according to each relevant field for Combatting Discrimination 5 Distribution of petitions received in 2002- 17 Status of outcomes in 2020 in terms of 2020, according to criteria discrimination-related findings according 50 Prevention of acts of discrimination 6 I. Relevant data on petitions received in to criteria and relevant fields 2020 18 Amount of fines and the total number of 52 Projects implemented 6 Distribution of petitions received by NCCD fines issued by the NCCD Steering Board in with foreign funds in 2002-2020 2020 7 Processing activities undertaken in 2020 19 Total amount of administrative fines 54 The issue of discrimination issued by the NCCD Steering Board in 2020 8 Distribution of petitions received by NCCD according to discrimination criteria in Romania as reflected by in 2020 according to their area of origin 20 Total number of administrative fines 9 Distribution of petitions received in 2020 international reports issued by the NCCD Steering Board in 2020 9 Area of origin for petitions received in 2020 according to relevant fields 61 Activities associated with 10 II. Processed cases pending in front of 21 Ex-officio actions taken in 2020 institutional representation NCCD in 2020 10 Type of outcomes for the Decisions issued 22 Examples based on case- 65 National Council for Combatting by the NCCD Steering Board in 2020 law on findings made by the Discrimination in print media 11 Types of sanctions issued by the NCCD NCCD Steering Board Steering Board in 2020 according to each 74 Financial and personal data discrimination criterion
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ACTIVITY REPORT | 2020 2 Foreword Foreword
In 2020, Romania celebrated 20 years since the adoption of a special are to be identified based on criteria such as disability, gender, legislation on prevention and fighting all forms of discrimina- age, ethnic and national origin, respectively language. tion. Throughout these years, legislation against discrimination managed to overcome the status of a formal condition for the The Council undertook an intense activity in terms of developing integration of Romania in NATO and in the EU, thus becoming and submission of points of view for the courts to be used in an effective area for protection of human rights. those cases where potential acts of discrimination were tried.
After 20 years, Romania is currently acknowledged as hav- The administrative litigation activity has been highly dynamic ing implemented a competitive legislation on prevention and during this year, as well, with a series of interesting and relevant sanctioning all forms of discrimination, a legislation that is cases to be included in the specialised case-law. interpreted and applied according to international standards, enshrined through the international treaties and conventions 2020 was a year dominated by the challenges posed due to the that Romania is a party to, as well as through the case-law of COVID-19 pandemics, and this was also true for the NCCD ac- international courts. tivity, which had to adapt to the newly created conditions, from the organizational point of view, as well as from the point of view of the An important role was played in the development in this area new discrimination cases that the pandemic crisis has generated. by NCCD, together with the judiciary, non-governmental or- ganizations and Romanian citizens. One may notice that, during the past year, we were the witnesses of increased tensions within the Romanian society, thus the Data included in the current activity report demonstrate that hate speech and discriminatory speech were intensified, on the prevention and sanctioning all forms of discrimination repre- background of discontent created due to the restrictions and sents an ongoing process that renders new and difficult issues living conditions generated by the pandemic situation. every time. We recommend that this report should be used as a data source Thus, there were complaints recorded aimed at discriminatory for an objective analysis, with the purpose of improving the actions in areas such as employment, access to services, access activity of this institution. to education and protection of the right to human dignity. In terms of discrimination criteria, one may find that complaints Csaba Asztalos Ferenc, President
ACTIVITY REPORT | 2020 3 Statistical data on petitions received and processed during 2020
ACTIVITY REPORT | 2020 4 Statistical data on petitions received and processed during 2020
1200
900
600
300
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Non-contagious chronic disease Sexual orientation HIV infection Language Beliefs Religion Disadvantaged group Age Gender Nationality Disability Ethnic background Others Race Social category
Distribution of petitions received in 2002-2020, according to criteria
ACTIVITY REPORT | 2020 5 Statistical data on petitions received and processed during 2020
I. Relevant data on petitions received in 2020
CRITERIA 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 TOTAL
Non-contagious chronic disease 0 0 6 2 3 2 4 2 0 1 6 9 9 5 8 10 6 8 8 89
Sexual orientation 1 5 6 9 6 7 6 6 4 8 3 13 9 3 8 17 13 13 11 148
HIV Infection 0 1 15 10 5 3 7 1 3 1 5 4 3 4 4 8 4 6 7 91
Language 0 2 1 2 2 7 11 13 16 10 43 38 27 27 25 12 17 20 26 299
Political 4 12 23 19 8 10 14 13 4 2 15 14 13 4 20 6 22 15 24 242
Religion 2 9 9 11 8 12 15 6 6 5 5 11 18 14 7 12 11 17 138 316
Disadvantaged group 2 0 10 6 4 26 22 9 7 14 10 13 25 26 5 2 9 6 13 209
Age 6 11 14 17 10 10 24 10 9 16 5 18 21 22 31 31 29 35 38 357
Gender 3 14 13 9 11 22 32 9 18 15 21 31 46 28 29 19 43 29 30 422
Nationality 1 12 21 39 20 39 54 28 42 33 49 61 49 36 30 64 56 80 83 797
Disability 3 31 18 21 20 70 55 49 38 42 45 42 57 56 83 74 81 87 90 962
Ethnicity 34 66 45 85 69 82 62 62 54 62 61 66 42 61 81 53 52 48 92 1177
Others 52 184 108 61 132 32 159 96 83 81 69 121 127 147 194 114 177 153 220 2310
Race 0 0 1 1 2 0 0 2 1 0 0 3 2 1 3 2 0 1 1 20
Social category 26 126 63 90 132 514 372 222 193 175 211 414 328 318 314 258 302 386 258 4702
TOTAL 134 473 353 382 432 836 837 528 478 465 548 858 776 752 842 682 822 904 1039 11676
Distribution of petitions received by NCCD in 2002-2020
ACTIVITY REPORT | 2020 6 Statistical data on petitions received and processed during 2020
FIELDS / CRITERIA Non-contagious disease chronic Sexual orientation HIV/SIDA Language Political Religion Disadvantaged group Age Gender Nationality Disability Ethnicity Others categorySocial Race TOTAL
Access to housing 4 4 Others 1 1 2 38 42 Access to public facilities 1 2 1 13 4 24 45 Access to education 1 1 1 2 2 2 14 15 14 17 69 Personal dignity 2 9 5 4 8 131 5 2 13 60 19 64 29 12 1 364 Access to employment and profession 5 1 1 10 2 1 16 15 7 10 4 13 212 297 Access to public services 1 21 3 4 6 5 13 41 5 102 17 218 administrative 19 3 4 5 1 7 24 3 76 12 154 banking 4 4 3 1 5 1 18 health 1 2 5 1 8 1 18 phone 1 1 transport 1 8 4 1 14 legal 1 1 1 8 2 13 stores/restaurants 0 hotels 0 TOTAL 8 11 7 26 24 138 13 38 30 83 90 92 220 258 1 1039
Processing activities undertaken in 2020
ACTIVITY REPORT | 2020 7 Statistical data on petitions received and processed during 2020
North-West North-East Centre Botoșani West Satu-Mare Maramureș 6 6 Suceava South-West Oltenia 4 17 Iași Bucharest / Ilfov South Muntenia Sălaj Bistrița-Năsăud 38 5 South-East Bihor 5 Neamț 12 16 Bucharest and Ilfov Cluj 55 18 Mureș Vaslui 11 Harghita Bacău 8 Arad 22 20 15 Alba Timiș 13 359 USA 1 25 Sibiu Covasna Spain 1 Hunedoara 15 Brașov 32 Vrancea Galați Sweden 1 21 27 7 31 Hungary 2 Germany 1 Caraș-Severin Argeș Buzău 7 Vâlcea 22 10 Brăila Gorj Prahova Tulcea 10 10 11 22 35 4 Dâmbovița Ialomița 6 377 Mehedinți Olt Călărași 17 10 Dolj 20 Giurgiu Constanța 19 Teleorman 6 30 6
Distribution of petitions received by NCCD in 2020 according to their area of origin
ACTIVITY REPORT | 2020 8 Statistical data on petitions received and processed during 2020
Group of persons 17 Legal entity Rural area 144 98
Female 355
Male 523 Urban area 941
Distribution of petitions received in 2020 Area of origin for petitions received in 2020
ACTIVITY REPORT | 2020 9 Statistical data on petitions received and processed during 2020
II. Processed cases pending in front of NCCD in 2020 Exceptions 38%
Dismissal issued for the prior decision 4%
Rectification of a clerical error 1%
Failure to find an infringement 37% Findings 20%
Type of outcomes for the Decisions issued by the NCCD Steering Board in 2020
ACTIVITY REPORT | 2020 10 Statistical data on petitions received and processed during 2020
CRITERIA Warning Fine Recommendation Publication of a summary decision Monitoring
Non-contagious chronic disease 1 1 Sexual orientation 1 Language 2 4 4 Personal beliefs 1 2 1 1 Religion 1 5 3 1 Age 10 3 5 Gender 10 5 7 1 Nationality 12 27 13 3 1 Disability 11 13 13 2 3 Ethnicity 15 18 10 1 1 Other criteria 4 11 2 1 Race 1 2 1 Social category 28 18 12 3 2 TOTAL 96 109 72 13 7
Types of sanctions issued by the NCCD Steering Board in 2020 according to each discrimination criterion
ACTIVITY REPORT | 2020 11 Statistical data on petitions received and processed during 2020
Discrimination fields Warning Fine Recommendation Publication of a summary decision Monitoring
Access to employment and professions 35 21 20 3 Access to education 3 14 6 3 Access to housing 1 Access to public facilities 3 1 4 1 1 Access to public services 17 17 19 2 3 administrative 11 9 13 2 banking 5 3 2 1 health 1 3 2 transport 2 2 2 phone networks legal hotels restaurants stores Others 3 3 Personal dignity 35 55 20 7 TOTAL 96 109 72 13 7
Types of sanctions issued by the NCCD Steering Board in 2020 according to each relevant field
ACTIVITY REPORT | 2020 12 Statistical data on petitions received and processed during 2020
Discrimination CRITERIA Findings infringement an find to Failure Exceptions Dismissal issued for the prior decision error clerical a Rectifying TOTAL
Non-contagious chronic disease 1 3 5 9 Sexual orientation 1 1 3 5 HIV Infection 0 4 1 5 Language 8 7 5 1 21 Political 3 9 7 19 Religion 5 5 4 14 Disadvantaged group 0 2 5 7 Age 12 15 11 9 47 Gender 11 15 9 35 Nationality 37 18 23 2 80 Disability 19 42 24 1 86 Ethnicity 28 16 23 4 1 72 Others 12 59 111 1 183 Race 2 3 0 5 Social category 38 127 112 24 5 306 TOTAL 177 326 343 39 9 894
Distribution of outcomes in 2020 according to each discrimination criterion
ACTIVITY REPORT | 2020 13 Statistical data on petitions received and processed during 2020
Social category 38 127 112 24 5
Race 23
Others 12 59 111 11
Ethnicity 28 16 23 4 11
Findings Disability 19 42 24 1 1
Nationality 37 18 23 2 2 Failure to find an infringement Gender 11 15 9
Age 12 15 11 9 Exceptions Disadvantaged group 25
Religion 5 5 4 Dismissal issued for the prior decision Personal beliefs 3 9 7
Language 8 7 5 11 Rectifying a clerical error HIV infection 4 11
Sexual orientation 113
Non-contagious chronic disease 1 13 5
0 50 100 150 200 250 300
Distribution of outcomes in 2020 according to each discrimination criterion
ACTIVITY REPORT | 2020 14 Statistical data on petitions received and processed during 2020
Discrimination fields Findings infringement an find to Failure Exceptions Dismissal issued for the prior decision error clerical a Rectifying TOTAL
Access to employment and profession 49 145 116 25 5 340 Access to education 12 27 10 49 Access to housing 2 2 2 6 Access to public facilities 3 12 7 8 30 Access to public services 33 67 110 2 1 213 administrative 21 53 70 1 1 146 banking 7 2 6 15 health 3 8 7 18 transport 2 4 2 1 9 phone 0 0 0 legal 0 23 23 hotels 0 0 0 restaurants 0 0 0 stores 0 1 1 Others 3 21 34 58 Personal dignity 75 52 64 4 3 198 TOTAL 177 326 343 39 9 894
Distribution of outcomes in 2020 according to each relevant field
ACTIVITY REPORT | 2020 15 Statistical data on petitions received and processed during 2020
3 4 64 Personal dignity 52 75
34 Others 21 13
1 2 110 Access to public services 67 33 Rectifying a clerical 8 error 7 Access to public facilities 12 3 Dismissal issued for the prior decision 2 Access to housing 2 2 Exceptions
10 Access to education 27 12 Failure to find an infringement 5 25 Access to employment 116 145 Findings and profession 49
0 30 60 90 120 150
Distribution of outcomes in 2020 according to each relevant field
ACTIVITY REPORT | 2020 16 Statistical data on petitions received and processed during 2020
FIELDS / CRITERIA Non-contagious disease chronic Sexual orientation HIV/AIDS Language Political Religion Disadvantaged group Age Gender Nationality Disability Ethnicity Others categorySocial Race TOTAL
Access to housing 1 1 Others 1 2 3 Access to public facilities 1 2 3 Access to education 6 1 3 2 12 Personal dignity 1 2 4 2 3 28 25 5 4 2 76 Access to employment and profession 1 4 8 2 2 1 1 30 49 Access to public services 8 1 3 8 7 1 3 2 33 administrative 8 1 7 3 1 1 21 banking 3 2 1 1 7 health 1 1 1 3 phone 0 transport 1 1 2 legal 0 stores/restaurants 0 hotels 0 TOTAL 1 1 0 8 3 5 0 12 11 38 18 28 12 38 2 177
Status of outcomes in 2020 in terms of discrimination-related findings according to criteria and relevant fields
ACTIVITY REPORT | 2020 17 Statistical data on petitions received and processed during 2020
Number of fines issued
1,000 lei 20
2,000 lei 42
3,000 lei 11
4,000 lei 1
5,000 lei 17
6,000 lei 2
7,000 lei 1
10,000 lei 14
11,000 lei 1
0 10 20 30 40 50
Amount of fines and the total number of fines issued by the NCCD Steering Board in 2020
ACTIVITY REPORT | 2020 18 Statistical data on petitions received and processed during 2020 Ethnicity 89000 Other 25000
Social category 46000
Disability 50000
Race 20000 Sexual orientation
Language 2000 8000 Personal beliefs
Age 3000 13000
Nationality Religion 89000 25000 Gender 26000
Total amount of administrative fines issued by the NCCD Steering Board in 2020 according to discrimination criteria
ACTIVITY REPORT | 2020 19 Statistical data on petitions received and processed during 2020
Access to employment and profession 67000
Personal dignity Access to education 222000 35000
Access to housing 5000 Access to public facilities 2000 Administrative 20000
Banking Health 18000 Transport 20000 20000
Total number of administrative fines issued by the NCCD Steering Board in 2020 according to relevant fields
ACTIVITY REPORT | 2020 20 Statistical data on petitions received and processed during 2020
Language 1 Access to employment and profession
DISCRIMINATION CRITERIA Personal beliefs 2 Access to public services 2 FIELDS
Religion 3 administrative 1
No. of ex officio actions Gender 2 No. of ex officio actions transport 1 Language 1 Access to employ- ment and profession Political 2 Nationality 5 Personal dignity 17 Access to public services 2 Religion 3 administrative 1 Disability 2 Access to education 2 Gender 2 transport 1 Nationality 5 Ethnicity 5 Personal dignity 17 Access to public facilities 1 Disability 2 Access to education 2 Ethnicity 5 Social category 4 Access to public Access to housing 2 1 facilities Social category 4 0 2 4 6 8 Access to housing 2 0 5 10 15 20
Ex-officio actions taken in 2020
ACTIVITY REPORT | 2020 21 Examples based on case- law on findings made by the NCCD Steering Board
ACTIVITY REPORT | 2020 22 Examples based on case-law on findings made by the NCCD Steering Board
Indirect discrimination
Access to education. Criteria National College Y for every student and guaranteeing the perfor- adopted to measure student „Students enrolled in class 5, 6, 7 who, at the mance level agreed prior to the admission to performance in school. end of the academic year, have not obtained the pre-university education institutions. overall average grade of at least 8.50, average The claimant believes that the regulations adopted grades for the subjects Romanian Language The introduction of such standards in the In- by the respondents, public pre-university educa- and Literature and Mathematics of at least ternal Regulations of the school is a method to tion institutions, whereby secondary education 8, and the overall average conduct grade of foster competition among students, to motivate students who do not obtain a minimum annual at least 9.50 shall be declared non-compliant them so as to maintain the quality of education. grade above that established by the Ministry of with the school standards assumed under the National Education and Research may be obliged educational agreement signed by the parent at The NCCD Steering Board finds that the to transfer to another school, are discriminatory. registration and, consequently, they shall no goal to foster performance in a pre-uni- longer study in this college, and shall have the versity education institution is legitimate, The provisions of the regulations subject to obligation to transfer.” as opposed to the creation of so-called criticism stipulated as follows: „elite schools or high-schools”. National College Z National College X (...) this agreement shall be terminated in the The NCCD Steering Board finds that the pre-uni- „Secondary education students shall cease to following cases: the overall average grade for versity education institutions do not have the follow courses in the National College X in all subjects studied falls below 8.50, the average legal right to establish by means of internal reg- the following cases: their average conduct conduct grade falls below 10, the average grades ulations different graduation grades than those grade per semester is lower than 8 (eight), for the subjects included in the national assess- established by the Framework Regulation on the the annual average grades for the subjects ment fall below 7.00.” organisation and functioning of pre-university Romanian Language and Literature or Math- education institutions, as approved by Order ematics are lower than 7 (seven), and they do The respondents showed that the establishment of the Ministry of National Education and Sci- not obtain the minimum grade 7 (seven) after of performance criteria by setting minimum av- entific Research no. 5079/2016. Such an action the re-assessment which will be conducted erage grades has reasonable, relevant and legal has discriminatory effects for students of other during the resit period.” grounds, while ensuring the right to education pre-university education institutions, which
ACTIVITY REPORT | 2020 23 Examples based on case-law on findings made by the NCCD Steering Board comply with the above-mentioned Framework ensure student competitiveness in national and the act of indirect discrimination have Regulation. international competitions. been fulfilled, as provided by Ar. 2 (3) of GO 137/2000, as republished, on the The respondents have available other methods Such strict regulations which impose students prevention and sanctioning of all forms and means to enhance school performance and to obtain certain grades so as not to be expelled of discrimination. Each respondent was to have studentswith good results in national from the Colleges which were the object of the sanctioned with a fine in amount of RON and international school competitions, more claim represent a form of school segregation. 2,000. specifically, they may organise extra-curricular activities, for example subject-specific clubs. Having regard to the rationale presented above, Decision 392/2020 During such extra-curricular activities, they may the NCCD Steering Board finds no objective select students and impose standards so as to grounds, and finds that the conditions for
Direct discrimination
Access to public services. Non- such patients are properly equipped so as not treatment violated the rights of the claimant contagious chronic disease to be considered direct contacts and, of course, to equally benefit from medical services. so as to enable them to benefit from all services The respondent refused to provide medical enjoyed by any citizen. The respondent was sanctioned with a dental services to the claimant, on the grounds fine in amount of RON 1,000. that she is an ICU nurse in a county hospital, in Consequently, the respondent had no legal charge with treating patients infected with the grounds to deny the claimant dental services. Decision 875/2020 SARS-CoV-2 virus. The NCCD Steering Board found that the Having examined the case, we found that the claimant had been subject to a form of di- claimant did not fall under the definition pro- rect discrimination, to different treatment, vided by law, because all healthcare personnel unlawfully linked to an illness-related working in the facilities which provide care for criterion, a contagious disease, and such
ACTIVITY REPORT | 2020 24 Examples based on case-law on findings made by the NCCD Steering Board
Direct discrimination
Access to education. Segregation In this case, the NCCD Steering Board Steering Board order that all necessary found that these are acts of discrimi- steps be taken for the school to have in The claimant claims that all nine Roma students nation pursuant to Art. 2 (4), Art. 11 (1) place and to implement an efficient de- in the 5th grade were placed in one class in the and Art. 15 of GO no. 137/2000 and the segregation plan. local school, although the anti-segregation pol- school principal was sanctioned with a icies recommend that students should be mixed fine in amount of RON 2,000, and the Decision 504/2020 in different classes, so as to prevent ethnic seg- respective County School Inspectorate regation and to ensure equal access to quality was sanctioned with a fine in amount of education for all children. RON 4,000. At the same time, the NCCD Direct discrimination Access to education. Special educational need
The claimant, a non-governmental organisation, The NCCD Steering Board finds that the cir- Board finds that the state has the obligation to notices that students with special educational cumstances of children with special educational create special seats for this category of persons, as needs benefit from adapted curricula, however, needs oblige the state to adopt special measures a method to safeguard the constitutional principle they do not benefit from such accommodations for to ensure access to the fundamental right to of substantive equality. Children with special the national assessments, as they have to sit the education. Student with special needs are con- educational needs are part of an underprivileged exams in the same conditions as the students who fronted with different forms of discrimination category, the system does not provide sufficient studied the standard curriculum. The claimant in terms of access to education, starting from support personnel and, although they may have claims lack of accommodation, of affirmative kindergarten until higher education. special skills, they do not have access to quality actions which should aim at ensuring equal education and, consequently, to employment. opportunities for students with special needs in To compensate such disadvantages accu- terms of access to high school education. More mulated by children with special needs and to The NCCD Steering Board found this was specifically, the claimant provides the example ensure their access to exercise the right to high an act of discrimination pursuant to Art. of special seats for Roma students. school and higher education, the NCCD Steering 2 (1], Art. 2 (4), Art. 2 (9) and Art. 11 (1)
ACTIVITY REPORT | 2020 25 Examples based on case-law on findings made by the NCCD Steering Board al GO no 137/2000 and sanctioned the methods so as to create special seats for ■■ Note – the Ministry of National Education Ministry of National Education with a children with special educational needs. implemented the NCCD decision. warning. Also, the NCCD Steering Board recommends the identification of adequate Decision 202/2020
Direct discrimination
Criterion: „Disability”. The NCCD Steering Board noted that the school direct discrimination against the student Access to education did not take all necessary measures in due time with special needs, pursuant to Art. 2 so as to avoid the situation where the student (1) and (5) corroborated with Art. 15 of The claimants notify NCCD because their son, with Asperger’s would be subject to pressure GO no. 137/2000. The Board sanctioned diagnosed with Asperger’s syndrome at the age and harassment, which triggered his reactions, the respondent with a fine in amount of of 3 years old, was sanctioned by the Teachers’ which were sanctioned by the respondent. RON 1,000. Board with a written reprimand and a lower conduct grade for misconduct. The NCCD Steering Board noted that the Decision 172/202020 respondent’s action represented an act of
Indirect discrimination
Criterion „Other”. Access obtained an average conduct grade of at least an excessive number of absences, and not due to education. 9 throughout their high school study period. to actions contrary to moral rules.
In fact, the claimant shows that for applicants The claimant shows that throughout the four Her absences had been caused by family problems who register in the admission competition organ- high school years (2005-2009) her overall av- (her mother had serious mental illness issues), ised by the Police School of Câmpina, a specific erage conduct grade was 8,75, especially due to and the claimant was the only one who was able recruitment criterion is that they should have to take care of her family at that time, therefore
ACTIVITY REPORT | 2020 26 Examples based on case-law on findings made by the NCCD Steering Board she had to miss school, and both her class master As regards the justification to impose the criterion with lower conduct grades during high school and the school principal had knowledge of this of the minimum conduct grade, having regard studies was disproportionate to the goal pursued. at the time. to the specificity of police activity, and to their duties, as provided by law, we note that MAI and The NCCD Steering Board found that the The NCCD Steering Board notes that the claim, its main subordinated structures which employ act falls under the scope of Art. 2 (3) and as it was –––formulated, reveals circumstances police officers and agents should have flawless of Art. 11 of GO no. 137/2000, indirect invoked by the claimant on the alleged discrimi- conduct, behaviour and integrity. discrimination. At the same time, the nation against her due to the recruitment criteria Board recommends the respondents to imposed by the Police School, that the claimant Having analysed the material presented in the make all efforts to ensure compliance believes she had been discriminated and that she case, the NCCD Steering Board found that this with the principle of non-discrimination, requests that the recruitment criteria related to mandatory minimum conduct grade, without by analysing the special circumstances the average conduct grade of at least 9 throughout having analysed the reason why the grade was faced by a candidate with a low conduct their high school study period should be changed. lower than requested, was not an adequate and grade during high school, and to take all necessary method to assess flawless conduct, necessary steps to review the provisions For an action not to be considered discrimination, behaviour and integrity so as to pursue a police of the Regulation, within 6 months after it should be objectively justified by a legitimate career, therefore the minimum conduct grade having received this decision. goal, it should be adequate, necessary and pro- criterion did not represent a real requirement in portionate with the goal. this case, and the measure to exclude candidates Decision 475/2020
Direct discrimination
Criterion „Age”. Access to employment court decision, but after she turned 65, she was denied an extension of her employment. The The NCCD Steering Board analysed a potential Steering Board noted the claimant was denied reason invoked by the respondent was that the act of discrimination committed by an employ- an extension of her employment as a research- claimant had not achieved any special results er against the claimant who was reinstated in er when she reach the retirement age. She was in the past years, while she had not longer been the position held prior to her layoff. The NCCD reinstated in the position held previously by its employee.
ACTIVITY REPORT | 2020 27 Examples based on case-law on findings made by the NCCD Steering Board
The NCCD Steering Board noted that the method The NCCD Steering Board noted that the sanctioned the respondent with a fine in used to assess her professional activity had not acts were discriminatory, pursuant to Art. amount of RON 1,000. been adequate and justified, and created unfair 2 (4) and to Art. 7 (a) of GO 137/2000 and treatment of the claimant. Decision 109/2020
Direct discrimination
Personal dignity. Statement to discrimination on the grounds of religious Thus, the NCCD Steering Board noted faith, and the comment tried to induce the idea that the act falls under the scope of Art. Following a handball game in the junior cham- that the victory of a team was determined by the 26 (1) of GO 137/2000 and sanctioned the pionship (athletes aged 13-14 years old), the religious convictions of its members. The aggra- respondent with a fine in amount of RON website www.infobraila.ro published the article: vating element of this message was given by the 3,000 and the author of the article with „Christian team AHC defeated the Muslim team fact that the participating teams were made of a fine in amount of RON 2,000. HC Dunărea Brăila (…)”. children, and their development as athletes and future adults should not be negatively influenced Decision 847/2020 The NCCD Steering Board noted that the mes- by such remarks which had the goal to incite to sage of the article was of such nature as to racial hatred and discrimination on the grounds incite to nationalist-chauvinistic propaganda, of religious faith.
Direct discrimination
Criterion: „Disability”. to which a student diagnosed with Down syn- The NCCD Steering Board noted that the school Access to education. drome was limited her right to education, by the did not ensure an inclusive educational system refusal of the school to issue a new agreement at all levels, and disregarded the national and The NCCD Steering Board analysed the extent to extend her studies. international provisions which stipulate that
ACTIVITY REPORT | 2020 28 Examples based on case-law on findings made by the NCCD Steering Board persons with disabilities shall not be excluded services to provide psycho-pedagogical assistance (1) and (2) of GO 137/2000 and sanctioned from the mainstream educational system on according to the student’s needs. the respondent with a fine in amount of disability grounds. The school did not provide RON 10,000. reasonable accommodation of its educational Thus, the NCCD Steering Board noted conditions and did not create specialist support that the act is discrimination, pursuant Decision 799/2020 to Art. 2 (1) and (4), to Art. 4 and to Art. 11
Direct discrimination
Criterion „Residence”. the „residence” criterion limits the participation against all potential applicants who did not Access to employment. ofpersons who do not live in the proximity of apply for the job, discouraged by the residence the dental facility. criterion announced by the employer. The claimant, a dental practitioner, files and claim against a discriminatory job advertise- Further, after the admission of the three appli- Thus, the NCCD Steering Board noted that ment imposing a condition that the applicant’s cants, based on the file selection, the respond- the act was discriminatory, pursuant to residence should be as close as possible to the ent introduced another criterion based on the Art. 2 (1) and to Art. 6 (a) of GO 137/2000 employer’s headquarters. average grades obtained in the bachelor’s degree and sanctioned the respondent with a fine examination, therefore creating the condition in amount of RON 5,000. Having analysed the case, the NCCD Steering of objectivity in the selection of applicants, but Board noted the fact that the introduction of the act of discrimination had been committed Decision 738/2020
Direct discrimination
Criterion „Age” and „Gender”. Equal The claimant, employed for 19 years by the re- the legal retirement age. The management re- opportunities in economic activities spondent, expressed her intention to continue fused, without any motivation for such decision. and in employment and profession. her activity for another year after having reached The respondent showed that the decision not to
ACTIVITY REPORT | 2020 29 Examples based on case-law on findings made by the NCCD Steering Board approve the application to extend the employ- treatment in terms of discrimination related to 2 (1) and to Art. 7 (a) of GO 137/2000 and ment had been made by the manager, and the the period of extended employment for women, sanctioned the respondent with a fine in resolution had been made pursuant to factual which discrimination is rooted in the different amount of RON 1,000. circumstances and to the specific legislation retirement age for men and women. applicable. Decision 174/2020 The NCCD Steering Board noted that the The NCCD Steering Board notes a differentiated act was discriminatory, pursuant to Art.
Direct discrimination
Criterion: „Disability”. Equal the failure to ensure access of persons be published on their webpage for 3 months and opportunities in economic activities with locomotor disabilities to the swim- recommended that the swimming pool should and in employment and profession. ming pool is discrimination pursuant to be accommodated within 6 months. Art. 2 (1) corroborated to Art. 10 (f) of GO The claimant claims that persons with disabilities no. 137/2000, and to Art. 21, Art. 62 and At the same time, the NCCD Steering Board are not enabled access to the swimming pool. Art. 63 of Law no. 448/2006 and to Art. 9, applied the sanction of warning against the Art. 19 and Art. 30 of the Convention on manager of the institution and recommended The NCCD Steering Board notes that the swim- the Rights of Persons with Disabilities, that the rights of persons with disabilities should ming pool is located on the upper floor of the because it created a difference on the be respected in the future in the exercise of Didactic Swimming Pool and the access of per- grounds of „disability”, which had the professional duties. sons with locomotor disabilities is only possible effect of limiting equal exercise of the on the ground floor. The inspection performed right of access to services. Decision 263/2020 by AJPIS-Tulcea found several deficiencies, and requested remedial actions, deadlines, personnel The NCCD Steering Board sanctioned the re- in charge and implementation monitoring. spondent with a fine in amount of RON 2,000. At the same time, the NCCD Steering Board Thus, the NCCD Steering Board found that ordered that the summary of the decision should
ACTIVITY REPORT | 2020 30 Examples based on case-law on findings made by the NCCD Steering Board
Direct discrimination
Personal dignity. Statements. the Nazi ideology. Having regard to the nature created a difference on the grounds of of the case, the NCCD Steering Board analysed being part of the German community A series of articles published by the newspaper the boundaries between freedom of speech and and it had the goal and the effect of the „Justițiarul” and by the webpage www.justitiarul. the right to dignity. limitation of equal exercise of the right ro compare the Democratic Forum of Germans to dignity. in Romania (F.D.G.R.), led by Klaus Iohannis, The NCCD Steering Board found that the to a Nazi organisation, and there were countless differentiation created by the respondent Thus, the NCCD Steering Board sanctioned attacks in the media, which were covered jointly is related to the ethnic background, more the respondent with a fine in amount of by other journalists and TV channels. specifically the ethnicity of F.D.G.R. mem- RON 3,000. bers, therefore the act of the respondent The NCCD Steering Board noted that the respond- to post and keep those texts posted is Decision 479/2020 ent published a series of articles which promoted discrimination pursuant to Art. 2 (1) and the idea that F.D.G.R. would be a continuator of to Art. 15 of GO no. 137/2000, because it
Direct discrimination
Criterion „Religion”. The NCCD Steering Board rejected the lack The NCCD Steering Board noted that the change Personal dignity. of passive legal standing of Google Bucharest of the Cathedral name in the application tag because the opinion issued by the National produces offensive effects against an entire NCCD acted on its own motion on the replacement Authority for Management and Regulation in community, more specifically the community of the name of the People’s Salvation Cathedral Communications indicates that the company of Orthodox Christians, having regard to the in Google Maps with the name „People’s Stupor in Romania is a branch of Google Ireland fact that the application produces effects at na- Cathedral”, appreciating that the tag change is a Limited, which makes available Google tional/European/international level, as it can breach of the dignity of the Christian Orthodox services in EEA (European Economic Area) be accessed anywhere, and the general public Community in Romania. and Switzerland. cannot distinguish between Google Ireland
ACTIVITY REPORT | 2020 31 Examples based on case-law on findings made by the NCCD Steering Board
Limited or Google Bucharest S.R.L., seen in the scope of Art. 2 (1) and (4), and Art. 15 of GO on the Google webpage in Romanian a public perception as Google. 137/2000 and sanctioned the respondent summary of the decision. with a fine in amount of RON 10,000 and Thus, the NCCD Steering Board noted that the obligation to publish in the media and Decision 517/2020 the act subject to analysis fall under the
Direct discrimination
Criterion: „Disability” – advanced group but, after his mother reported that children. However, the practice showed that the ADHD. Field: Education he suffered from an Autism spectrum disorder, options to integrate and include children with implicitly from attention deficit, the respondent deficiencies in the mainstream education provides The complaint targets the rejection behaviour decided not to accept the child, and justified that multiple benefits for equal opportunities. against a child diagnosed with an Autism spectrum the student needs „one to one” classes. disorder who participated in English classes, but Thus, the NCCD Steering Board noted that the coordinating teacher no longer wanted to deliver The NCCD Steering Board indicated that persons the act is discrimination, pursuant to Art. such services because the child had an attention with disabilities had been educated for a long period 2 (4) and (4), to Art. 4 and corroborated to deficit, and the teacher considered that such classes of time in segregated facilities, as special education, Art. 11 (1) of GO 137/2000 and sanctioned are not adequate for the child. separated from the mainstream education. There the respondent with a fine in amount of was this conviction that only special schools can RON 3,000. The NCCD Steering Board noted that the student provide appropriate conditions, both in terms of was accepted to the class and included in an teacher training and of meeting the needs of these Decision 565/2020
Direct discrimination
Criterion: „Age”. Employment NCCD is notified on an act of discrimination use in the selection and recruitment processes, and profession committed by a limitation of the right to access of methods to grant higher scores to applicants the position of air traffic controller, due to the younger than 30 years old. Thus, the final scores
ACTIVITY REPORT | 2020 32 Examples based on case-law on findings made by the NCCD Steering Board of applicants younger than 30 are increased by based on the criterion of applicant’s age. Thus, The NCCD Steering Board noted that the adding 0.67% for each year between the age of the scoring method against the „age” criterion is act was discriminatory, pursuant to Art. 18 to 30, while the scores of all other applicants a method to provide higher scores for applicants 2 (1) and to Art. 6 of GO 137/2000 and are lowered by deducting 0.67%, for each year younger than 30 years old. The NCCD Steering sanctioned the respondent with a fine in after the age of 30 years old. Board noted that this condition is not ground- amount of RON 11,000. ed, is not a genuine and relevant professional The NCCD Steering Board noted that the discrim- requirement, and the goal is not legitimate. Decision 597/2020 ination which caused the different treatment was
Direct discrimination
Criterion: „Disability”. Access locomotor disabilities is discrimination, because Art. 2 (1) corroborated to Art. 10 (g) of GO to public services denied. it creates a difference on the grounds of disability, 137/2000 and sanctioned the respondent with the effect of limiting equal exercise of the right with a fine in amount of RON 10,000. The The claimant and her underage daughter with to benefit from the services provided by transport NCCD Steering Board also ordered the respondent locomotor disability, a wheelchair user, were hu- companies and of other rights of persons with to publish a summary of the decision in a local daily miliated by a taxi driver, who refused to take the locomotor disabilities provided by the national newspaper and recommended the respondent to order due to the daughter’s disability. and European legislation. make available at least one vehicle accommodated for the needs of persons with locomotor disabilities. The NCCD Steering Board noted that the refusal The NCCD Steering Board noted that the of taxi drivers/companies to transport person with act is discrimination, pursuant to Decision 598/2020
Direct discrimination
Criteria: „Motherhood” and „Gender” The claimant, an attorney-at-law which provided agreement before the 2-year duration lapsed, Employment and profession. services for the bank – the respondent – claims after being informed on her pregnancy. that the respondent terminated her service
ACTIVITY REPORT | 2020 33 Examples based on case-law on findings made by the NCCD Steering Board
The NCCD Steering Board notes that although knowledge, should have been aware of the legal a), Art. 9 (1, b), Art. 10 (1) and (2) of Law the company had organisational changes, duties deriving from their position, to safeguard 202/2002 and sanctioned the respondent equal opportunities and non-discrimination. with a fine in amount of RON 10,000, the respondent concluded a service agreement appreciated as effective, dissuasive and with another (male) attorney-at-law. Thus, the NCCD Steering Board noted proportionate to the social danger. that the act is discrimination, pursuant The NCCD Steering Board noted that the respond- to Art. 2 (1) and to Art. 7(a) and (g) of GO Decision 622/2020 ent, as beneficiary and having specialist legal 202/2002 corroborated with Art. 7 (1,
Direct discrimination
Criterion „Religion”. Access and from the restrictions provided by military this practice appears to be neutral, it actually to public services. ordinances although, a week before, other rec- touches upon a right, more specifically the right ognised religious denominations had celebrated to facilitate liturgic practice during epidemics The claimants notified NCCD after the Agree- Easter in isolation, without physical participation and to establish how the other recognised reli- ment to establish certain measures for Easter in the religious services, and complied with all gious denominations may conduct their religious celebration in 2020 was concluded between the the restrictions imposed by the state of emer- service or may celebrate, given the exceptional Ministry of Internal Affairs (hereinafter called gency declared in Romania. Thus, Romanian context of the pandemic. MAI) and the Romanian Orthodox Church Christian Orthodox citizens could benefit from (hereinafter called BOR), on 14.04.2020, as both support from all forces coordinated by MAI Also, the NCCD Steering Board noted that the the provisions and the effects of the Agreement during the state of emergency, which carried out establishment of such measures had a legitimate were considered discriminatory by breaching joint actions during the Easter holidays in 2020, goal, because it targeted religious practices and the rights of the citizens who belong to other while the citizen of other religious denominations compliance with the rules imposed due to the religious denominations recognised by law. celebrated in isolation, in compliance with the pandemic, without applying more favourable military ordinances provisions, and did not enjoy rules or privileges under the general restric- The NCCD Steering Board noted that the provi- equal treatment by authorities. tions imposed by the state of emergency. The sions of the Agreement represented an exemption Romanian State did not conclude a similar from the rules imposed by the state of emergency The NCCD Steering Board noted that, although agreement with the representatives of other
ACTIVITY REPORT | 2020 34 Examples based on case-law on findings made by the NCCD Steering Board religious denominations, introducing a more the pandemic was concluded only with respondent with a warning and recommended favourable regime for the Christian Orthodox the Romanian Orthodox Church and the that in the future it should respect the obligation denomination, so as to facilitate liturgic practice lack of an agreement on the participation of equidistance towards all religious denomina- despite de epidemics. to Easter celebrations in 2020 with all tions recognised in Romania and to establish Christian denominations recognised by non-discriminatory rules in the exercise of the The NCCD Steering Board noted that law is discrimination pursuant to Art. 2 right to freedom of conscience. there was not objective justification, that (1) and to Art. 2 (4) of GO no. 137/2000. and fact that such an agreement on the Decision 684/2020 organisation of Easter celebrations during The NCCD Steering Board sanctioned the
Direct discrimination
Criterion: „Disability”. Access different treatment of the blind persons. Thus, 2 (1) and to Art. 10 (d) of GO 137/2000 and to banking services. the claimant should have been allowed to use the sanctioned the respondent with a fine in screen reader so as to understand the agreement amount of RON 10,000. The claimant, a blind person, notifies NCCD he and the annexes to the agreement, as he was was denied a loan to purchase products due to blind, therefore he should have been treated Decision 671/2020 his disability, and was requested to present a different from other persons. The solution to power of attorney empowering a third party to require the claimant to provide a power of at- represent him, although he was accompanied by torney empowering a third party to conclude the his wife, his carer, and also has screen reader loan agreement and its annexes is in breach of equipment. the provisions of the Convention on the rights of persons with disabilities, ratified by Romania Having analysed the case, the NCCD Steering through Law no. 221/2010. Board noted that the Internal Regulations of the bank are leading to The NCCD Steering Board noted that the act was discriminatory, pursuant to Art.
ACTIVITY REPORT | 2020 35 Activity of the Case File Investigation Department
ACTIVITY REPORT | 2020 36 Activity of the Case File Investigation Department
Pursuant to the provisions of Art. Department received and com- • 2 in the South-East Region the case files investigated, both 41 (1) of the Internal Procedure for municated the above-mentioned (Galați County 2), natural and legal persons were solving claims and notifications documents by delivering them to • 5 in the South Muntenia Re- complained against. “The case file coordinator, having the residence/headquarters of the gion (Argeș County 1, Prahova studied the claim and the evidence parties which could not acquire County 1, Dâmbovița County attached to it, shall issue a resolu- them, through the Romanian Post 2 and Ialomița County 1), tion to initiate the investigation, Services or a different communica- • 4 in the North-East Region The discrimination criteria iden- as appropriate”. Thus, the case file tion channel. (Iași County 1, Neamț County tified in the case files investigated subject to investigation, accompa- 2, Suceava County 1), are as follows: disability 7 (26%), nied by the resolution of the case • 2 in the South-West Oltenia ethnicity 3 (11%), professional cat- file coordinator, is submitted to the Statistics on the case files Region (Olt County 1 and Gorj egory 3 (11%), nationality 2 (7%), Case File Investigation Department investigated in 2020 County 2) and motherhood 2 (7%), gender 1 (4%), of the Assistance Department, so • 4 in the Centre Region (Covas- social category 1 (4%), language 1 as to check any unclear aspects In 2020, the NCCD Steering Board na County 2, Brașov County (4%), no criterion 7 (26%). and to collect information, witness allocated 27 case files to the Case 1, Sibiu County 1). statements and evidence necessary File Investigation Department. 29 The investigations conducted in to solve that claim. After having investigations were performed Of the total number of 27 case 2020 entailed discussions with 173 performed this inspection, the pursuant to the resolutions of the files investigated, in 23 case files persons, an average of approximately investigation team draft an in- case file coordinators, so as to (79% of the total) the alleged act of 6 persons/investigation. Of them, vestigation report, attaching the fulfil the inspection goals (some discrimination happened in urban 51 persons were in Bucharest and documentation identified during case files required several trips), settings, and in the other 6 (21% of Ilfov County and 122 persons across the inspection. as follows: the total) in rural settings. the country.
In 2020, in order to comply with • 11 in the municipality of In 16 of the case files investigated the procedure for communicating Bucharest and in the Ilfov (53% of the total), the respondent summons and decisions issued by County, was a legal person, and in 14 case the NCCD Steering Board, the mem- • 1 in the North-West Region files (47% of the total) the claimants bers of the Case File Investigation (Cluj County 1), were natural persons. In three of
ACTIVITY REPORT | 2020 37 Activity of the Case File Investigation Department
Suceava 1 Iași Bucharest / Ilfov 1 Neamț 35 2 Cluj 29 1 11 28
21 Sibiu Covasna 1 Brașov 1 Galați 1 2 14 11 Argeș 1 Gorj Prahova 7 1 2 1 2 2 2 2 Dâmbovița 1 1 1 1 1 1 1 1 1 1 Ialomița 1 0 ş ţi ţ şov Iaşi Olt Cluj Gorj Sibiu Total Arge Bra Gala Neam Olt Covasna Ialomiţa Prahova Suceava 1 Dâmboviţa Bucharesti-Ilfov
27 case files and 29 investigations (some TOTAL: 29 case files required more investigation)
Distribution of investigations conducted in 2020, by county
ACTIVITY REPORT | 2020 38 Activity of the Case File Investigation Department
Rural area 6
27 case files - two case files were Urban area investigated both in rural and in urban areas 23
Distribution of case files investigated by rural or urban settings where the alleged discrimination occured
ACTIVITY REPORT | 2020 39 Activity of the Case File Investigation Department
North-West North-East Centre North-West West Centre 1 South-West Oltenia South-West Oltenia 4 North-West Bucharest and Ilfov South Muntenia North-East 2 South-East 1 Bucharest and Ilfov 4 11 Centre South-Multenia 5 West 4 0
South-Muntenia South-East South-West Oltenia 5 South-Est Bucharest 2 and Ilfov 2 2 11
North-East 4
Distribution of investigations conducted in 2020, by development region
ACTIVITY REPORT | 2020 40 Activity of the Case File Investigation Department
Natural person 14
3 case files had a respondent Legal person both a natural and a legal person 16
Distribution of case files investigated by respondent: natural or legal person
ACTIVITY REPORT | 2020 41 Activity of the Case File Investigation Department
No criterion Nationality 7 / 26% 2 / 7%
Ethnicity 3 / 11%
Language 1 / 4 %
Professional category 3 / 11%
Gender
Disability 1 / 4% Categorie socială 7 / 26% 1/ 4% Stare de maternitate 2 / 7%
Distribution of case files investigated by discrimination criteria
ACTIVITY REPORT | 2020 42 Legal representation of the interests of the National Council for Combatting Discrimination
ACTIVITY REPORT | 2020 43 Legal representation of the interests of the National Council for Combatting Discrimination
The Dispute, Legal and Expert Reports Department of the Legal Directorate of NCCD principles of ensuring the right to defence and provides the National Council for Combatting Discrimination legal assistance and the guarantee of equality of arms. representation in disputes arising from the lawfulness and groundedness checks applied to the decisions made by the NCCD Steering Board and in genere. The lawfulness and groundedness test applied to the NCCD Steering Board decisions falls As an exception (depending on circumstances of GO no. 137/2000, the complaints on acts under the jurisdiction of administrative courts and optional), upon express request by the NCCD discrimination shall be solved by the National (courts of appeal, as first instance courts, and President, the interests of the Council may be Council for Combatting Discrimination by the High Court of Justice, as second appeal represented in court in discrimination cases “decision” – and administrative-juris- court), as regulated by the provisions of Art. 20 by members of the NCCD Steering Board who dictional act. (9) and (10) of GO no. 137/2000, as republished, earned a diploma in law. corroborated with Art. 6 of the Administrative Legal disputes arising from the above- men- Law no 554/2004. Thus, as stipulated by the provisions of Art. tioned complaints are solve in an administrative 20 of GO no. 137/2000 corroborated with the framework, following a special procedure which The legal deadline to file a complaint against provisions “Internal Procedure for solving includes the fundamental characteristics of the administrative-jurisdictional acts is 15 days af- claims and notifications”, published in the special administrative jurisdiction: jurisdiction ter the communication, otherwise they become Official Journal, Part I no. 348 of 06.05./2008, is optional and free, functional independence enforceable. adopted pursuant to Art. III (1) - Chapter IV of jurisdictional activity, compliance with the
The Graduation Rate of the “judicial examination” on the NCCD Steering Board decisions in 2020
In 2020, the competent courts (Courts of Appeal Following the lawfulness and groundedness check At the end of 2020, 484 cases were still pend- and the High Court of Justice) were present- applied to NCCD decisions adopted in 2020, the ing before courts (first instance/second appeal). ed with 523 cases involving lawfulness and courts confirmed the Council’s decisions in first groundedness check applied to NCCD decisions instance or in second appeal, in 190 cases, and Thus, according to statistics, although the adopted pursuant to Art. 20 of GO no. 137/2000, admitted the actions filed against such graduation rate for the “judicial examina- as republished. decisions in 49 cases. tion” on the NCCD decisions in 2020 for
ACTIVITY REPORT | 2020 44 Legal representation of the interests of the National Council for Combatting Discrimination the 239 cases brought before the court the previous year (when the graduation rate was approx.) 82%), it still maintained registered a slight decrease compared to a high level – approx. 80%.
Statistics on the legal actions initiated on civil liability
Preliminary note: non-discrimination both the administrative protected by the binding obligations Pursuant to Art. 27 of GO no. 137/2000, liability and the civil liability, as a remedy con- imposed by the court decisions ruled in any person who believes himself/herself sisting in the obligation of the “discriminator” to such cases. discriminated may file an application remedy the damages caused, and reinstating the with the court to obtain damages and previous status quo, by removing all damaging Such legal standing of NCCD, pursuant to Art. 27 to re-establish the status quo prior to consequences of the discriminatory unlawful act. of GO no. 137/2000 is based on its function as a the act of discrimination or to annul the guarantor of compliance with and enforcement circumstances created by discrimination, By regulating the legal procedure of “civil sanc- of the principle of non-discrimination, pursuant according to common law. tion” in the field of non-discrimination, under the to the national legislation in force and to the exclusive jurisdiction of the common-law court, international documents to which Romania is The person has the obligation to prove the ex- the law maker intended that the civil proceedings party, and to its status as specialist body - holder istence of acts which enable the assumption of initiated to “recover the damage caused by acts of the fundamental (theoretical and practical) direct or indirect discrimination, and the person of discrimination” should be conducted with legal knowledge in the field of equal rights and targeted by the complaint has the burden of participation in court actions of the National non-discrimination. proof, namely has to demonstrate that the acts Council for Combatting Discrimination. are not discrimination. The legal standing of NCCD, pursuant to Art. The Council participates de jure of the Council 27 of GO no. 137/2000 is the same in all cases The Council must be summoned for court in such cases brought before the courts, having brought before the court, regardless their con- proceedings. a special standing as “monitor of discrimination crete object (employment conflict, annulment of cases”, “legal advisor”, “expert” in the field of administrative acts, termination of agreements, Therefore, by GO no. 137/2000, the national non-discrimination, therefore, without refusals to solve certain complaints or other law-maker intended to include in the field of having passive legal standing, thus being claims, financial rights etc.), which target de lato
ACTIVITY REPORT | 2020 45 Legal representation of the interests of the National Council for Combatting Discrimination sensu the principle of non-discrimination, brought ex officio, “framework opinions”, meant to pres- including written evidence and witness state- before all courts which have subject-matter and ent the national and European discrimination ments administered before the court), “expert territorial jurisdiction, across the country. legislation, and the technical and specific legal reports - specialist legal opinions”, essentially mechanism to construe and enforce such legis- activities amounting for “legal advice” in the In such circumstances, the expert advi- lation or, as applicable, upon express request by field of equal rights and non-discrimination.. sory body (NCCD), through the specialist the court (and insofar as they are provided with staff of the Legal Directorate, may issue, access to all facts and legal aspects involved,
Statistical Results:
In 2020, NCCD was summoned by the court as “other claims” (employment conflicts, an- the legal actions initiated on civil liability an advisory body - “specialist expert” to provide nulment of administrative acts, agreement in non-discrimination matters “specialist opinions” (contribution to proceed- termination, refusal to solve a complaint, ings as “legal advice”) for a total number (both claims - other than salary/financial rights An analysis of the data retrieved from NCCD cases brought to court in 2020 and during the - etc.). statistical statistics indicates that, in 2020, this previous year, where proceedings continued in autonomous public institutions with administra- 2020) of approx. 1533 new cases (double than the The solutions ruled in 2020 by courts vested to tive duties, pinions, in its capacity as “expert/ previous year), involving civil liability (damages adjudicate in civil cases on non-discrimination monitor of discrimination cases”, formulated and paid to the victim) following the violation of the matters (cases brought to court in 2020 and administered specialist opinions in approximate- principle of non-discrimination. during the previous year, where proceedings ly 1533 court cases (filed directly with courts continued in 2020) where NCCD participated across the country) claiming damages for victims Statistical distribution of cases brought before as “specialist expert” go as follows: of discrimination, together with civil liability in the court where decisions were ruled in 2020, non-discrimination matters. by subject: • approx. 653 cases admitted; • approx. 941 cases dismissed; This was the active and positive contribution of the • approx. 972 cases on “financial rights”; National Council for Combatting Discrimination • approx. 686 actions included in the category Conclusions on the statistical results of in 2020, pursuant to its institutional mission and
ACTIVITY REPORT | 2020 46 Legal representation of the interests of the National Council for Combatting Discrimination to its capacity as expert ope legis, to hundreds from compensation proportionate to the damages but other related matters as well: employment of legal proceedings in favour of victims suffered due to breaches of the non-discrimina- conflicts, annulment of administrative acts, of discrimination, who therefore benefitted tion principle (in most cases - salary matters, agreement termination etc.
Legal opinions and agreements, partnerships and public procurement
The facts concerned mainly aspects related to in force. 680 documents were subject to such the electronic system were drafted/performed The Legal Directorate issues legal opinions on opinions in 2020. and are being monitored. the acts which fulfil the lawfulness requirements to produce legal effects. The core principle in this activity is to ensure In 2020, the Legal Directorate developed and the legal and procedural framework for the performed lawfulness checks on 4 inter-insti- The procedure entails a compliance check to find activities carried out by the institution in rela- tutional partnerships with a view to develop whether the legal documents of the entity and all tion with different natural and legal persons; long-term cooperation to inform, educate and other measures to be taken by the management 21 agreements, 91 direct public procurement raise awareness among different categories of or by the departments, in the exercise of their procedures using SEAP and 284 notifications in public employees, to ensure respect for the right specific duties, comply with the legal provisions to non-discrimination.e.
Activities undertaken by territorial structures
In 2020, 250 persons came to the territorial The facts concerned mainly aspects related to public spaces, access to services, discrimination NCCD structures in Buzău and Târgu Mureș to possible workplace discrimination, including of claimants by civil servants employed by public request legal and specialist advice on various moral harassment and abuse by hierarchical institutions etc. cases they considered discriminatory; following superiors, the limitation of rights due to the consultations, the local legal advisors initiated measures ordered by authorities during the Alternately, the institution addressed questions and submitted to the main headquarters a num- SARS-COV 2 pandemic, discrimination on ethnic on the refusal by certain institutions to enforce ber of 16 files. grounds, including possible discrimination in orders or regulations, discrimination in school
ACTIVITY REPORT | 2020 47 Legal representation of the interests of the National Council for Combatting Discrimination settings, including bullying and discrimination and parents of other students or discrimination publication of articles or of job advertisements of students during online learning, due to the in public posts, especially on Facebook etc. which may involve cases of discrimination on lack of access to IT resources and to the lack of the following grounds: ethnicity, gender and tolerance, both from peers and from teachers The NCCD Steering Board was also informed to disability. enable possible ex officio actions after the online
Student internships in 2020
Compared to previous years, NCCD provided a of Political Sciences – specialisation International structure and operations, NCCD organisation small number of internships for students, solely Relations and European Studies - University of chart, duties, complaint resolution procedures, due to the measures imposed by the state of Bucharest. sanctions applied, programmes implemented emergency and the state of alert to combat the to prevent and combat discrimination and the effects of the COVID-19 pandemic, pursuant to NCCD internship mentors presented the partic- appeal procedure against NCCD decisions before the legal provisions in force. The institutional ipating students information on the concept of the court. partners were the Faculty of Law and the Faculty discrimination, types of discrimination, the NCCD
Activities to promote, monitor and support equal treatment for EU workers
The activities to promote, monitor and support of movement for EU workers transposing in grounds, to support EU workers and their family equal treatment for EU workers undertaken by Directive 2014/54/EU in the national legislation. members to defend their rights; this department the Department for the Promotion, Monitoring is the National Contact Point for preventing and and Support Equal Treatment for EU Workers. This NCCD department coordinates at national Combatting discrimination in matters of free (B.P.M.S.E.T.L.U.E.) within the Legal Directorate level the activities to promote, monitor and sup- movement of EU workers, for the purposes of of NCCD, set up according to Law no. 106/2017 port equal treatment for all EU workers and for cooperation and exchange of information with on measures facilitating the exercise of rights their family members who exercise their rights in other National Contact Points. conferred on workers in the context of freedom Romania, without discrimination on nationality
ACTIVITY REPORT | 2020 48 Legal representation of the interests of the National Council for Combatting Discrimination
To provide a clearer picture, we illustrate with through B.P.M.S.E.T.L.U.E., requested institutions in charge in the respective two summaries of cases received in 2020, which the support of the National Contact Point Member State. involved requests for support from the specialist in that Member State, so as to indicate national body in the field: the institution which has jurisdiction to The case concerning a request from the National solve such cases of discrimination com- Contact Point of another state (Serbia), regard- • The case which involved a request for mitted in Denmark. Further, in order to ing a possible act of discrimination committed support from a Romanian citizen which solve the “request for support”, NCCD, in Romania, targeting the criterion of dual na- complained of discriminatory treatment through B.P.M.S.E.T.L.U.E., provided tionality. To solve this request, NCCD, through in a EU Member State (Denmark) in the assistance to the Romanian claimant, by B.P.M.S.E.T.L.U.E., provided the specialist employment process. In exercising its making available the information thus information on the possible legal mechanisms duties as a Contact Point appointed pur- obtained and by recommending the use to solve the respective case. suant to Directive 2014/54/EU, NCCD, of institutional leverage available to the
ACTIVITY REPORT | 2020 49 Prevention of acts of discrimination
ACTIVITY REPORT | 2020 50 Prevention of acts of discrimination
The new Human Rights Journal (Noua Revistă International Human Rights Documentary de Drepturile Omului) Film Festival th Cooperation between the Inter- acquired in the field of human – One World România, 13 edition national Study Centre and the rights, preventing and Combatting National Council for Combatting discrimination. This International Human Rights directors, producers, actors, experts Discrimination continued in 2020 Documentary Film Festival intended and human rights activist - support- by quarterly publications in “Noua to provide public access to Romanian ed the festival and made possible Revistă de Drepturile Omului” (The and international documentaries on this cultural events. New Human Rights Journal) of human rights, to facilitate debates materials on Combatting discrim- on possible violations of such rights ination, promoting the principle of and on how they can be reported, equal opportunities, of NCCD case- and to encourage the production of law, of studies and other specialist new documentaries in the field, to articles. ensure prevention of discriminatory acts in all walks of life. This collaboration continued due to the beneficial impact the publication Due to the pandemic, all festival of such materials proved to have events were broadcasted live on on society, and on our institution, Facebook. More than 100 foreign thus capitalising on the expertise and Romanian guests - film
ACTIVITY REPORT | 2020 51 Projects implemented with foreign funds
ACTIVITY REPORT | 2020 52 Projects implemented with foreign funds
“10 Years of Implementation of the EU Framework Decision on racism and xenophobia in Romania: new challenges and approaches on hate crime” – NoIntoHate2018
The project NoIntoHate2018 was implemented for a (general concepts, reporting procedure and the record-keeping and registration in a database of period of 18 months in partnership with Association elements of an act of discrimination), national all hate crimes; there were 144 beneficiaries (96 Public Policy Institute, and ended in March 2020. legislation and CJEU and ECtHR and case- magistrates, 24 police officers, 24 gendarmes). Throughout the project duration, the project law on hate crimes, the actual involvement of team organised training on non-discrimination law enforcement institutions in the appraisal,
“Fight Class-Room Discrimination - Teacher’s Guide” – ProfsAgainstDiscrimination
Starting with 01 December 2020, the Nation- among teachers, parents and County recommendations. The project outcomes al Council for Combatting Discrimination, School Inspectorates on the existence of and the public policy recommendations in partnership with the Association Public discrimination cases; will be presented in a conference. Policy Institute, is implementing the project ProfsAgainst- Discrimination financed by the 2. awareness raising activities to increase The projects benefits from a total budget of European Commission under the Programme the capacity to identify, combat and re- EUR 269,559.75 (80% EU funding and 20% REC-RDIS-DISC-AG-2020, a 24-month project. port cases of discrimination in schools, co-financing). at national level, by training sessions for The project activities include: 200 teachers and by the development of a Practical Guide to Fight Class-Room 1. analysis of the national legislation on the Discrimination; implementation of the principle of non-dis- 3. analysis of gaps in legislation and practice by crimination and three national surveys various concrete and specific public policy
ACTIVITY REPORT | 2020 53 The issue of discrimination in Romania as reflected by international reports
ACTIVITY REPORT | 2020 54 The issue of discrimination in Romania as reflected by international reports
of person with physical, sensory, intellec- tual and mental disabilities, this remains a problem. • Discrimination against Roma continued to be a major problem. Groups of Roma complained of police harassment and brutality. Both the media and national and international observers reported social discrimination against Roma. • Hungarians continues to report cases of discrimination related mainly to the use of the Hungarian language. In several coun- ties with a significant share of Hungarian population, governmental institutions such as the public health directorates or the police inspectorates did not provide US Department of State – the on the following criteria: gender, disability information on COVID-19 precautions Human Rights Reports and HIV. There were also cases of discrim- and measures in Hungarian. ination against Roma and migrant workers. • There are still few official reports on incidents The Report mentions that NCCD is the govern- NCCD investigated cases of employment of discrimination against trade unions. It mental institution in charge with the enforcement discrimination both in the public and in is difficult to prove in court that employers of national and EU legislation against discrimi- the private sectors. During the COVID-19 laid off employees in retaliation for trade nation, under parliamentary control. pandemic, the media reported several union activities. The National Council cases of healthcare personnel discrimi- for Combatting Discrimination (NCCD) • According to observers, NCCD is equally nated by neighbours, and denied access to fined employers for anti-union discrimi- effective, although some criticised the lack local stores. Following the media reports, nation actions, although it does not have of efficiency and political independence of there was a wave of public support for the the capacity to order the reinstatement of the institution. healthcare staff involved. rights or other sanctions, and usually the • Discrimination in employment was based • Although the law bans the discrimination employee have to file an action in court
ACTIVITY REPORT | 2020 55 The issue of discrimination in Romania as reflected by international reports
to obtain the reinstatement of rights. The law bans public authorities, employers or organisation to interfere with, to limit or to prevent trade unions to mobilise, to develop internal regulations or to select representatives.
Pursuant to law, women and men enjoy equal rights. Women were subject to acts of discrimi- nation in matters such as marriage, divorce, child custody, employment, loans, wages, ownership or administration of businesses or property, ed- ucation, legal proceedings and housing, access to pension and retirement rights. The law provides for equal pay for equal work, but there are wage differences between men and women of 3.5%, according to EU data. There was segregation FRA - Second survey on LGBTI Openness about being LGBTI by profession, with women overrepresented in persons in the EU • 81% of the participants in the survey avoid low paid jobs, and work-related discrimination often or always holding hands with their cases were reported. The online survey conducted by FRA at EU same-sex partner in Romania. For the level draws on 140,000 responses from across EU-28, it is 61%; 30 countries – the then 28 EU Member States • 44% in Romania avoid often or always https://www.state.gov/wp-content/uploads/2021/03/ (including the United Kingdom), Serbia and certain locations for fear of being assaulted. ROMANIA-2020-HUMAN-RIGHTS-REPORT.pdf North Macedonia. The results from the survey For the EU-28, it is 33%. present the largest international LGBTI survey • 25% are now often or always open about of its kind. being LGBT in Romania. For the EU-28, it is 47%. We present below the results of the survey con- ducted in Romania.
ACTIVITY REPORT | 2020 56 The issue of discrimination in Romania as reflected by international reports
Discrimination physical or sexual attacks. It is 14% across • 51% of LGBTI students (15-17 years old) in the EU-28. Romania say that in school someone often • 23% felt discriminated against at work in • 8% reported their discrimination expe- or always supported, defended or protected the year before the survey in Romania. riences to an equality body or another their rights as an LGBTI person. This was For the EU-28, it is 21%. organisation in Romania; for the EU-28, 48% in the EU-28. • Discrimination affects many areas of life, it is 11%. • 52% of LGBTI teenager respondents (15-17 such as going to a café, restaurant, hospital years old) in Romania say their peers or or to a shop. Overall, in Romania in 2019 Intolerance and prejudice teachers have often or always supported 45% felt discriminated against in at least LGBTI people. In the EU-28, this was 60%. one area of life in the year before the survey. • 50% in Romania say that LGBTI prejudice • 12% of LGBTI of teenager respondents (15- For the EU-28, it was 42%. and intolerance has dropped in their coun- 17 years old) in Romania say their school try in the last five years. It is 40% across education at some point addressed LGBTI Harassment & violence the EU-28. issues positively or in a balanced way. In • 25% in Romania say that prejudice and the EU-28, this was 33%. • 43% in Romania say they were harassed the intolerance have risen. This is 36% for year before the survey. The EU-28 is 38%. the EU-28. • 1 in 5 trans and intersex people were ht t ps://f ra.europa.eu/sites/default/files/fra_up- physically or sexually attacked in the five 12% in Romania believe their national government loads/lgbti-survey-country-data_romania.pdf years before the survey, double that of effectively combats prejudice and intolerance other LGBTI groups. against LGBTI people. For the EU-28, it is 33%. • 15% in Romania had been attacked in the 5 years before the survey. For the EU-28, Schooling it is 11%. • Among young people (18-24), less people Reporting of hate-motivated (41%) hide being LGBT at school. In 2012, violence and discrimination it was 47%. • 44% of LGBTI students (15-17 years old) • 4% went to the police in Romania to report in Romania say were hiding being LGBTI at school. This was 30% in the EU-28.
ACTIVITY REPORT | 2020 57 The issue of discrimination in Romania as reflected by international reports
(approximately 15% of the 13,200 inhabitants are Roma), the village of Toflea (approximately 5,000 of the 6,000 inhabitants are Roma), and the Postă neighbourhood in the city of Buzău, with several thousand Roma inhabitants. In all these cases, the outbreaks of Covid-19 were associated with the relatively high number of persons returning from abroad in the first days of the pandemic. There is no information on how many of these persons were Roma.
Țăndărei case was the most visible at national level, due to the size of the town and to the fact that the lockdown decision was made by the Government, and not at the county level. The case is mentioned in the April 2020 report of the National Agency for Roma, which signals the prevalent narrative that Roma returning from FRA - Implications of Lockdown abroad are to be blamed for the outbreaks. The COVID-19 pandemic situation in Țăndărei was presented in mass-me- In Romania, several localities were under lock- dia in racial terms. The main narrative, initiated on Roma and Travellers down, for various periods during the state of by a news agency, was that 800 Roma have re- communities emergency and state of alert, to confine outbreaks turned from abroad, brought the disease and are of Covid-19. Although there is no official data refusing isolation, being a threat for everybody. The report presents cases of discrimination of the specific situation of Roma in these local- The same narrative was presented on television, regarding the implications of the measures ities, there are a few cases where large Roma including prime-time television, prompting a adopted due to the COVID-19 pandemic on the communities were obviously affected, as shown public warning from the audio-visual arbiter, Roma and travellers communities in Romania. by media reports, such as the town of Țăndărei National Audiovisual Council.
ACTIVITY REPORT | 2020 58 The issue of discrimination in Romania as reflected by international reports
The narrative became viral on social media. that “Roma are currently in an extreme situation, A group of human rights NGOs voiced their One leading political sciences researcher and especially in terms of the risk of racial hatred concerns about the Roma minority becoming professor was sanctioned by the National fuelled by the media and the online environment. a scapegoat of the pandemic, quoting cases of Council for Combatting Discrimination The Agency submitted a series of complaints to alleged abusive behaviour by the Police, as well for distributing an image with racist content, the National Council for Combatting Dis- as many situations of discriminatory discourse related to the Țăndărei case. crimination but they highlight that “the online and hate speech in mass-media articles and environment continues to promote defamatory statements of public persons. Closure of schools articles and posts that contribute to creating a negative image of Roma, especially those returning Another group of civic NGOs expressed solidarity In Romania, all schools were closed for the period from abroad, considered as the main culprits for with the Roma community, showing several sit- of March-September 2020, a measure enacted by the spread of the virus in Romania”. uations when the local public authorities and/or the Government Decision on declaring the state mass-media have used racist arguments against of alert, and implemented through Order of the The FRA material mentions that the National poor communities affected by the pandemic. The Minister of Education. All students, including Council for Combatting Discrimination case of the city of Țăndărei is a vivid example university students, completed the 2019-2020 sanctioned four discriminatory or hate statements of the problem. The city was placed in quar- academic year using distance learning over the against Roma during the state of emergency, antine after a spike in the number of Covid-19 Internet. The provision was criticized by re- including: a local newspaper, a member of the cases. Immediately, the mass-media incorrectly searchers, UNICEF, and civil society, because it Parliament, a former president of Romania, and blamed the local Roma community, a situation discriminates against children from socioeconom- a university professor. mentioned by Roma activists, by the president ically disadvantaged backgrounds, because they of the National Council for Combatting do not have the necessary equipment and access In Romania, the prejudices against Roma are Discrimination, or even by more neutral to Internet. All critical voices are mentioning surfacing in the time of emergency, according media reports. Roma among the most disadvantaged groups. to human rights activists and specialists. In an interview in media, the president of Video footage of policemen shouting at a group Negative public reactions targeting the National Council for Combatting of rounded-up Roma men lying on the ground Roma and Travellers Discrimination speaks about the rise of while an officer repeatedly beats one of them has hate speech and racism targeting Roma in outraged human rights activists. The involved In Romania, the National Agency for Roma reported mass-media and on social networks. policemen are investigated by the prosecutors.
ACTIVITY REPORT | 2020 59 The issue of discrimination in Romania as reflected by international reports
In Romania, the public perceptions on Roma remain largely negative during the Covid-19 pandemic, and there are no visible positive nar- ratives regarding Roma communities.
https://fra.europa.eu/sites/default/files/fra_uploads/ ro_report_-_covid-19_impact_on_roma_en.pdf
Coronavirus COVID-19 outbreak in the EU - The document mentions that harassment of returning from abroad, and failed to respect the Fundamental Rights certain national or ethnic communities is self-isolation measures. The incident is showing Implications marginal, at most isolated incidents. There is that the new crisis has the potential to fuel the only one Coronavirus-related case, of alleged already existing prejudices against Roma. This document was commissioned by FRA for discriminatory statements against Romanian the project “Coronavirus COVID-19 outbreak citizens returning from abroad. in the EU – fundamental rights implications”. https://fra.europa.eu/sites/default/files/fra_uploads/ Although the document does not necessarily On 26 February, a group of football fans forced romania-report-covid-19-april-2020_en.pdf reflect the official position of the FRA, it is made a young man of Asian origin to step down the available for information purposes only and subway, on the ground of being infected with analyses the impact of the COVID-19 pandemic SARS-Cov-2. This is the only reported incident in the EU, and it does not constitute legal advice of such nature. or legal opinion. On 18 March, mass-media reported about an The material presents the impact of the COV- incident in Bujoreni, Vâlcea County, between the ID-19 pandemic in Romania on certain members of the local Roma community and the national or ethnic communities. majority population. Apparently, the Roma were
ACTIVITY REPORT | 2020 60 Activities associated with institutional representation
ACTIVITY REPORT | 2020 61 Activities associated with institutional representation
National-level representation: European-level representation:
The NCCD representatives are members in the following programmes/ Fundamental Rights are appointed by each national committees: Agency (FRA) government, two representatives of the European Commission and Monitoring Committee for the Technical Assistance Fundamental Rights Agency of the one representative of the Council Operational Programme European Union (FRA) provides of Europe. counselling for the EU institutions Administrative Capacity Operational Programme and the national governments on European Commission, fundamental rights, especially in Directorate-General for Competitiveness Operational Programme the following areas: discrimination, Justice and Consumers access to justice, racism/xenophobia, Human Development Operational Programme data protection, victims’ rights and This department of the European children’s rights. Commission is responsible for the National Programme for Rural Development EU policy in justice, consumer The President of the National Coun- protection and gender equality Operational Programme for Fisheries and Maritime cil for Combatting Discrimination matters. Affairs (NCCD), Mr. Asztalos Csaba Ferenc, was nominated by Romania as a Mr. Istvan Haller, member of the Steering Committee for the Management of 2021-2027 full member of the Management NCCD Steering Board, has been a Partnership Agreement Board for the EU Fundamental participant to the following work- Rights Agency (FRA). ing groups: High Level Group on Non-discrimination, Equality and The management board of the agency Diversity, since 2015 up to date, defines the priorities, approves the and the Subgroup on Equality Data budges and monitors the activities within the High Level Group on of the agency. The board is made Non-discrimination, Equality and up from independent experts who Diversity, since 2018 up to date.
ACTIVITY REPORT | 2020 62 Activities associated with institutional representation
European Commission of the Council of Europe appoints through face-to-face interaction EQUINET organized an online against Racism and a person who should serve as an or electronic communication. The round table, together with Mrs. Intolerance (ECRI), Council ECRI member. contacts are maintained at the level Alice Bah Kuhnke, member of the of Europe of the annual General Assembly or European Parliament, about the European Network of at working group level, as well as future of legislation on equality European Commission against Equality Bodies (EQUINET) through the implementation of a in Europe. The key objective was Racism and Intolerance (ECRI) is a regular training scheme, with the related to discussing the EU legal monitoring body on human rights, National Council for Combatting support of the secretariat of the framework on equality matters specialized in issues related to the Discrimination is a member of organization. and its implementation, as well fight against racism, discrimination the European Network of Equality as promoting the adoption of the (based on race, ethnic/national Bodies (EQUINET). EQUINET Activity of the Equinet Horizontal Directive. The round origin, colour, nationality, religion, is an international not-for-profit Legality Group table brought together members language, sexual orientation and association which implemented an of the European Parliament and gender identity), xenophobia, anti- electronic system for management The staff of the Legal Department representatives of equality bodies semitism and intolerance all over of knowledge, aiming at creating a ensured international representa- in order to assess the current sta- the European continent. relevant source for legislation and tion of the institution for the events tus of the legal framework and to policies in this area, as well as the organized in an online format by identify methods for improvement Mr. Cristian Jura, member of the development of a batch of instru- EQUINET in 2020, as well, by pro- of this framework. NCCD Steering Board, was elected ments and procedures which should viding a number of reviews, answers in the ECRI Board in 2019. allow the focus of the dialogue to and case studies on infringements • The Compendium: Europe- the priorities of the members of of the right to non-discrimination an Court of Human Rights ECRI is made up from 47 members this organization. against persons living in Romania, case-law on article 14, which appointed based on their independ- as follows: provides a detailed review of ence, impartiality, moral probity Another facet of the EQUINET the recent case-law of this and knowledge in dealing with activities is aimed at the imple- Round table entitled Court in relation to article racism, discrimination, xenophobia, mentation of the network-based „Future of legislation on 14, was published at the end antisemitism and intolerance-re- approach, which encourages contacts equality in Europe” of 2020. lated issues. Each member state among participants, at all levels,
ACTIVITY REPORT | 2020 63 Activities associated with institutional representation
As part of the Working Group, the stations to persons with disabilities of workers throughout the representatives of the Legal De- in wheelchairs. European Community, by partment contributed to HUDOC underlining specific meth- monitoring, in order to develop the NCCD representatives provided ods to acquire support and case-law of the European Court of information from Romania on the assistance; Human Rights (ECtHR), including following relevant issues for ensuring • identifying a number of prac- an enhanced review of article 14 the right to vote for persons with tical solutions (e.g. Capacity of the European Convention of disabilities without any discrimi- building, specialised coun- Human Rights (ECHR) and of nation: NCCD case-law, legislation selling provided in individ- the issues placed at the forefront and practice across national courts. ual cases, information cam- of legal matters and theory of paigns), that the European equality. Activity of the EQUINET Labour Authority, SOLVIT, Working Group on EURES and ECAS might • Intervening party - third freedom of movement provide to the equality bod- party intervention before ies in order to support their the ECtHR In 2020, the two key objectives activities. for the meetings of this group For the first time since the EQUINET consisted of: network was established, through its Equality Law Working Group, • determining the format of the Equinet submitted a third-party Report on equality bodies and intervention before the European freedom of movement that is to Court of Human Rights (ECtHR) be published, whose purpose in the case of Franc TOPLAK v. is to underline the relevance Slovenia and Iztok MRAK v. Slove- and value of national equality nia, now pending before the second bodies, designated according section of the ECtHR. The cases to art. 4 of Directive 2014/54/ concern the accessibility of polling EU, for the protection of rights
ACTIVITY REPORT | 2020 64 National Council for Combatting Discrimination in print media
ACTIVITY REPORT | 2020 65 National Council for Combatting Discrimination in print media
The most significant articles published by the print media in 2020, that made reference to our institution’s activity, were Monitoring period: the following: January-December 2020 Târgu Secuiesc alleging that the state should decide Municipality sanctioned who should have children, making for discrimination based a specific reference to Roma people, on ethnic criteria in relation to whom he stated that they are only giving birth to children 573 190 NCCD sanctioned the Târgu Secuiesc in order to get a state-sponsored Municipality with an administra- allowance and that they represent a monitored news items refer monitored news items tive fine amounting to 2,000 lei problem for Romania. NCCD found to NCCD’s activity; refer to the activity of the for discriminatory actions, as the that such a message represents an President of NCCD; administrators of the institution’s infringement of the right to digni- Facebook page had posted informa- ty, which belong to a social group, tion of public nature in Hungarian respectively to an ethnic group, language only. thus representing a form of hate- National publications that were included in the speech and going beyond the limits monitoring exercise: Adevărul, Cotidianul, Curentul, of freedom of speech. Curierul Național, Evenimentul Zilei, Gazeta Sporturilor, Târgu Mures mayor Gândul, G4Media, HotNews, Jurnalul Național, sanctioned for Libertatea, Mediafax, Newsweek, Prosport, România hate-speech Bank sanctioned for Liberă, Ziare.com.; refusing to open a bank Mr. Dorin Florea, the mayor of Targu account to a blind person NCCD was most often mentioned in: HotNews, Ziare. Mures, was sanctioned by NCCD with com, Adevărul and Gândul. an administrative fine amounting NCCD sanctioned a commercial to 10,000 lei, after having posted bank with an administrative fine on Facebook a number of messages amounting to 3,000 lei for having
ACTIVITY REPORT | 2020 66 National Council for Combatting Discrimination in print media refused to open a bank account to Romanians, what is happening in to have early elections in place. a blind person, and they motivated the Romanian Parliament. PSD I do not want any more that the their refusal by the fact that the helped UDMR pass through the important problems of the nation blind person is not able to read the Lower Chamber of the Parliament should be decided by PSD. I do not contract. NCCD stipulated that the a bill of law that provides a large want anymore that this toxic PSD banks must provide alternate pos- degree of autonomy to the Székely majority decide against Romania sibilities for the disabled persons, Land. It is incredible how far things and against Romanians. Something for example, a contract written by went with this PSD! It is incredible like this is unacceptable, and as long using the Braille language. the type of agreements that may as I am the President of Romania, be reached within the Romanian such a law will never enter into Parliament! While us, myself, the force. Thank you!” President Klaus Iohannis Government, the other authorities sanctioned for his are fighting for the lives of Romani- NCCD deemed that this statement statements about ans, while we are fighting to get rid of the head of the state actually the Székely Land of this pandemic situations, PSD, represents an act of discrimination the great PSD, is fighting inside the and an infringement of the right to National Council for Combatting secret rooms of the Parliament, so dignity based on the ethnic original/ Discrimination applied an admin- that Transylvania could be given national criterion. istrative fine to President Klaus away to the Hungarians. Jó napot, Iohannis amounting to 5,000 lei, Ciolacu! (Good afternoon, Ciolacu). a decision that was taken as a What did the leader in Budapest, Călin Popescu Tariceanu result of statements made by the Viktor Orban, promise you in ex- sanctioned for having head of the state on the topic of change for this agreement? You can used the word “Fuhrer” the bill of law on autonomy of the see here, dear Romanians, this is against President Iohannis Székely Land. what a toxic majority means, the PSD toxic majority. That is why, President of ALDE, senator Ca- „Jó napot kívánok, PSD! (Have a my fellow citizens, one may easily lin Popescu-Tariceanu, was sanc- good day, PSD) It is incredible, dear understand, I hope, why I wanted tioned by the National Council for
ACTIVITY REPORT | 2020 67 National Council for Combatting Discrimination in print media
Combatting Discrimination with an A teacher sanctioned deemed that such statements rep- anymore. And I will never interact administrative fine amounting to after grading a student resents a discriminatory action with any member of this organiza- 2,000 lei for the statements made with an F, for having and an infringement of the right tion. Period.” on his social media page against refused to enter a church to dignity. President Klaus Iohannis: NCCD decided to issue an admin- The message that was published on Cristian Tudor Popescu, “As I am absolutely convinced that istrative fine amounting to 2,000 the social media page by Mr. An- sanctioned for his I am one of the bad politicians, I lei against a teacher who graded a drei Caramitru was the following: newspaper article, “Satan would like to provide some pieces student with an F for having refused “Today I formally denounce the wearing cassocks” of advice: He should turn down the to enter a church and called her “a BOR organization. I was baptised threats, as he is not a Fuhrer yet, Pagan Gypsy”. The Council deemed as an Orthodox. I am not an athe- NCCD reached the conclusion that he is, for the moment, the President that the attitude of this teacher ist, I am a man of spirit. However, the text “Satan wearing cassocks” of Romania”. represents a form of multiple dis- this entire thing called BOR is published by Cristian Tudor Pope- crimination and an infringement nothing more but a criminal or- scu on the republica.ro portal goes of the right to dignity. ganisation, an obsolete, retarded, beyond the limits of the freedom Google sanctioned for corrupt organization. At the same of speech and represents a dis- changing the name of time, orthodoxy as a Christian rite criminatory action, by infringing the National Cathedral Caramitru sanctioned has become a criminal Russophile the right to dignity. Cristian Tudor after having named the nightmare. Which keeps us outside Popescu was sanctioned with an The National Council for Combatting Romanian Orthodox the civilized world. And has NO administrative fine amounting to Discrimination issued a sanction Church “a demonic cult” connection whatsoever with the 5,000 lei. against the company Google Roma- Bible and with faith. NONE. This nia, respectively an administrative NCCD issued an administrative fine is an ISIS. A demonic cult. This is “Daniel, the BOR leader, demon- fine amounting to 10,000 lei, as amounting to 5,000 lei against the why, people, I AM NEVER GOING strates that Romanian orthodoxy the name of the location on Google former USR member, Mr. Andrei TO STEP INSIDE AN ORTHO- is still at the level of the Egyptian Maps where the National Cathedral Caramitru, after having categorized DOX CHURCH. Whoever has their cult a couple of thousand years is situated was changed into the BOR as a “criminal organization weddings, baptism celebration etc. ago. Well, even lower, as the priests “Cathedral of stupidity”. and a demonic cult”; the Council organized there - I am not coming in Thebes had enough knowledge
ACTIVITY REPORT | 2020 68 National Council for Combatting Discrimination in print media in astronomy so that they could and then, after having multiplied should I call them? Homosexual, calculate the eclipses. In order to its anti-national gene, is able to progressive people? Can I call them fool people, Daniel the charlatan take control of political decisions”, procurators?”. does not need Mathematics or represents a discriminatory action Logic either, he would give it to and an infringement of the right to you straight away, as a shout to dignity. In this case, an administra- Tismaneanu the cattle he shepherds: listen to tive fine amounting to 2,000 lei was sanctioned what I am telling you, because applied against Oreste Teodorescu for a post with racist they forbade the pilgrimages to and Marius Pașcan. meanings St. Dimitri’s relics in October 1989, Communism was about to fall in a The political scientist Vladimir couple of months.” Deputy Mayor of Tismaneanu received an adminis- Bucharest sanctioned trative fine amounting to 5,000 lei for his statements on from NCCD after having published Oreste Teodorescu a photograph on Facebook that was the LGBT community sanctioned for an presenting a number of birds (crows) infringement of the The Deputy Mayor of Bucharest sitting on a fence, and the image right to dignity during city, Mr. Aurelian Badulescu, was was accompanied by the comment: sanctioned with an administrative “Tandarei Airport. All flights have a TV broadcast fine amounting to 2,000 lei for a been cancelled.” statement which was aimed at the NCCD decided that the statement LGBT community: “Well... The ab- made on the Realitatea TV station, normality and the homosexuality Traian Basescu sanctioned during the segment hosted by Oreste and the queers, we are turning them for discriminatory statements Teodorescu, having as a guest Mr. all now into progressive figures. (...) against the Roma Marius Pascan, where UDMR was As you are a woman, I think you compared to the new coronavirus, should stop from this line of speech Discriminatory statements of the which “enters the body of the host about the queers (...) Ok, and how former president of Romania, Traian
ACTIVITY REPORT | 2020 69 National Council for Combatting Discrimination in print media
Basescu, against persons of Roma Nicolae Bacalbasa, PSD Christian religious groups recognized administrative fine amounting origin: MP, sanctioned for according to the Romanian law, in to 1,000 lei against a driver who statements against Roma relation to the participation to Easter forced a Roma girl to get off the “Look, I think that even here, this celebrations, on the background of school mini-bus, while the mayor was proven once more, that Roma- Mr. Nicolae Bacalbasa, PSD MP, the pandemic situation. of the Petrachioaia municipality nians’ kindness and tolerance result received an administrative fine was sanctioned with a 3,000 lei fine in damaging their interests, in the amounting to 6,000 lei for a Face- The NCCD Steering Board for having forbidden the student in end. That is because we artificially book post which stated issued a recommendation to question to use the same mini-bus called them Roma people around the Ministry of Internal Affairs for a 30-day period. 1991 (...). Now all that you can see „No!... Let us be clear about this!!! so that this institution should here, as you know, The Chinese have caught the virus observe, for the future, its duty from the bats, we’ll catch it from to act equidistant in relation to Segregation case Also happens abroad, and there our crows.” all religious groups recognized against Roma students everyone talks about Romanians. in Romania and should sanctioned in Iasi This minority has built a deplorable establish non-discriminatory image to the Romanian people. It Administrative warning rules in exercising the right NCCD assessed that segregation is the time to say this and, in the issued for the Ministry to freedom of conscience. of Roma students enrolled in the end, to give up using this made-up of Internal Affairs as a 5th grade of the Dagata school, in label of Roma. They are Gypsies. result of different rules Iasi county, represents a discrimi- This is the ethnic group that we Driver sanctioned for natory action and an infringement are talking about. And this is how applied for participation having forced a Roma of the right to dignity, therefore the we should call them! The groups of to Easter celebrations girl to get off the mini- Council sanctioned the headmaster Gypsies should understand that their bus. Similar sanction of the educational unit with an way of living cannot be tolerated” The National Council for Combatting administrative fine amounting to were sanctioned by NCCD with an Discrimination issued an adminis- issued for the mayor 2,000 lei and the Iasi County School administrative fine amounting to trative warning against the Ministry Inspectorate with a fine amounting 6,000 lei. of Internal Affairs, for having failed The National Council for Com- to 4,000 lei. The NCCD Steering to conclude an agreement with all batting Discrimination issued an Board also recommended that a
ACTIVITY REPORT | 2020 70 National Council for Combatting Discrimination in print media school desegregation plan should to the football match in December objective justification (as such, the be developed in the Iasi county. 2019, with Sepsi Sfantu Gheorghe. criterion should aim at a legitimate purpose, should be adequate and The chant slogans of the Dinamo necessary, respectively should be FRF sanctioned for chant Bucharest 1948 supporters (“Out, proportional with the stated aim) slogans during the out, take the Hungarians out of the represents a direct discriminatory football match between country, respectively “Hungary sucks action which infringed the right Romania and Spain our d...k”) represent a discrimina- to equal treatment in terms of tory action and an infringement of employment. NCCD decided to issue a sanction the right to dignity for Romanian against the Romanian Football citizens members of the Hungarian Federation consisting from an minority group. Sanction for a taxi administrative fine amounting to company in Târgu 5,000 lei for the discriminatory Mureș city, as one of chant slogans against the Hungarian Sanction against the employees refused community which occurred during ROMATSA for imposing to provide a ride to a the Romania-Spain football match an age-related criterion in September 2019. child in a wheelchair for traffic controllers The Romanian Administration for A taxi company in Targu Mures city Dinamo sanctioned Aerial Traffic Services (ROMATSA) was sanctioned by NCCD with an for xenophobic was sanctioned with an adminis- administrative fine amounting to chant slogans trative fine amounting to 11,000 10,000 lei, after one of the employees lei. NCCD decided that introducing refused to provide a ride to a child NCCD applied an administrative fine and using an age-related criterion, in a wheelchair. The refusal of the of 5,000 lei against FC Dinamo and during the recruitment procedure for driver to provide a ride to a disabled PCH, as a result of the chant slogans an aerial traffic controller position, child in a wheelchair represents a from the supporters participating without having applied the test of an direct discriminatory action, which
ACTIVITY REPORT | 2020 71 National Council for Combatting Discrimination in print media
Timisoara represents a infringed the right to equal access these rats”, “there were four rats who The Mayor of Iasi, Mr. Adrian to services. discriminatory action were asking all kinds of questions”). Chirica, was sanctioned by the National Council for Combatting NCCD established the fact that the Discrimination with an adminis- NCCD issued a decision intention to forbid in an express Three colleges in trative fine amounting for 10,000 according to which a manner any broadcast and perfor- Brasov sanctioned for lei, after having stated that “Con- maximum age limit mance of songs with Turkish/Balkan having conditioned the golese, Somalis, Syrian people imposed in order to influences (“manele”) in the public possibility to continue and other nations Who have just areas of Timisoara city, manifested gotten off the tree will be coming conclude an insurance by the Mayor’s Office of Timisoara education by attaining over us and will be conquering us policy for travelling city, represents a discriminatory certain average grades and they will become our leaders”; abroad represents a action and an infringement of the these statements were deemed to be discriminatory action right to dignity. An administrative Three high school in Brasov - “Andrei discriminatory and an infringement warning was issued. Saguna” national College”, “Doctor of the right to dignity. NCCD decided that imposing a Ioan Meșotă” National College and maximum age limit in order to “Grigore Moisil” National College conclude an insurance policy for Liviu Dragnea, former were fined by NCCD with 2,000 lei Vice-president of USR travelling abroad represents a dis- PSD leader, sanctioned each for the provisions included in Botosani organization, criminatory action and applied, for calling the #rezist their internal regulations, according Adrian Hobjila, accordingly, a sanction consisting protesters “rats” to which the students who failed to sanctioned for his from an administrative warning. attain an average grade of at least 8 NCCD decided to issue a sanction should have transferred out of the statements regarding against Liviu Dragnea, an adminis- educational institution. the Roma ethnic group Forbidding the trative warning for the statements songs with Turkish/ regarding the anti-Government pro- Vice-president of USR Botosani, Mr. Balkan influence in testers (“pitiful tools of these secret Mayor of Iasi sanctioned Adrian Hobjila, received a sanction the public areas of police officers”, “we are cleaning the for discriminatory consisting from an administrative country from the garbage spread by statements fine amounting to 10,000 lei as a
ACTIVITY REPORT | 2020 72 National Council for Combatting Discrimination in print media result of his statement: “We have a Papaya Advertising NCCD: Elimination solution in taking the Roma out of sanctioned for of students from the Old Centre, we will rearrange discriminatory statements their school-based everything. No matter how much assessment due to a it costs us, it is worth taking the The representative of Papaya Ad- Roma out of the Old Centre. We have vertising was sanctioned by an body temperature above solutions. First you need to clean administrative fine amounting to 37.3 degrees Celsius is a up and then you can do something 2,000 lei after having published on discriminatory action over there.” its Facebook page an employment offer that stipulated “we do not hire Following the request from the members of the PSD party”. National Ombudsman, the National Alka sanctioned for Council for Combatting Discrim- a sexist campaign ination issued a point of view in Five political parties relation to the solution adopted NCCD sanctioned with an adminis- were issued an by the Ministry of Education and trative fine amounting to 10,000 lei a administrative warning decided that the elimination of company that manufactures sweets, for failure to observe students from their school-based Alka, for its publicity campaign assessment due to a body tempera- where the products were promoted the principle of ture above 37.3 degrees Celsius is a by using photographs with women, gender equality discriminatory action. This solution accompanied by messages that had results in discriminatory effects and a sexual streak. NCCD explained NCCD issued an administrative an adequate remedy would consist that the manner used by Alka to warning for failure to observe gen- from separate rooms where these advertise itself promotes a degrading der equality in terms of participa- students should take their exams. and offending image of women and tion to elections for the European represents an infringement of the Parliament against the following right to dignity of women, promoting political parties: USR, PSD, PMP, sexism and their objectification. PNL and UDMR.
ACTIVITY REPORT | 2020 73 Financial and personal data
ACTIVITY REPORT | 2020 74 Financial and personal data
The organizational chart of NCCD includes:
By the end of the year of which in 2020 96 72 there were 68 positions positions received funding positions occupied
44 years Share of 5,88 % Average age of the employees employees with secondary level 94,12 % education higher education graduates
ACTIVITY REPORT | 2020 75 Financial and personal data
Payments made in 2019
thousand lei Budget code Allocated Actually used STATE BUDGET 51.01 Staff-related expenditure 10 7,480 7,372 Goods and services 20 885 833 Financial transfers 55 5 5 Projects funded from external grants 58 139 86 Other expenditure 59 80 77 Capital expenditure 71 20 19 Payments associated with previous years 85 -268 Total 8,609 8,124
EXTERNAL GRANT 51.08 Projects funded from external funds 56 57 0 Projects funded from external funds 58 332 106 Total 389 106
Total NCCD budget 8,998 8,230
ACTIVITY REPORT | 2020 76 Thank you
ACTIVITY REPORT | 2020