Vezi raport EN

20 20 20 20 20 20 20 20 20 20 Total fines issued during the 2011– 2024 period TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 28  2024 ACTIVITY REPORT 1,000 Lei 6 FOREWORD ANALYSIS OF PETITIONS 2,000 Lei 17 REGISTERED WITH N.C.C.D. IN 2024 ANALYSIS OF N.C.C.D. FILES IN 2024 ANALYSIS OF 3,000 Lei 5 CASE PROCESSING BASED ON THE DECISIONS ISSUED 5,000 Lei 17 BY THE N.C.C.D.’ Total fines 39 STEERING BOARD EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE BY 10,000 Lei 19 THE N.C.C.D.’ STEERING BOARD ACTIVITY OF THE LEGAL DIRECTORATE DISCRIMINATION-RELATED 20,000 Lei 1 ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA 25,000 Lei 1 See the table FINANCIAL AND PERSONNEL DATA 30,000 Lei 3 0 5 10 15 20 25 Amount of fines imposed by the Steering Board and their number in 2024 TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 29  2024 ACTIVITY REPORT Non-contagious chronic disease 1 Access to employment and profession 8 Sexual orientation 1 FOREWORD ANALYSIS OF PETITIONS Language 1 REGISTERED WITH N.C.C.D. IN 2024 Access to education 2 ANALYSIS OF N.C.C.D. FILES IN 2024 Disadvantaged group 1 ANALYSIS OF CASE PROCESSING Age 3 Access to housing 2 BASED ON THE DECISIONS ISSUED Gender 5 BY THE N.C.C.D.’ STEERING BOARD Nationality 6 Access to public facilities 1 EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE BY Disability 5 THE N.C.C.D.’ STEERING BOARD ACTIVITY OF THE Access to public services 5 LEGAL DIRECTORATE Ethnicity 7 DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED Other 5 IN INTERNATIONAL REPORTS Personal dignity 19 NATIONAL COUNCIL FOR COMBATING DISCRIMINATION Social category 2 IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA 0 2 4 6 8 0 5 10 15 20 DISCRIMINATION CRITERIA DISCRIMINATION FIELDS See the table See the table Fines imposed in 2024 per each discrimination criterion/field TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 30  2024 ACTIVITY FOREWORD ANALYSIS OF PETITIONS REPORT REGISTERED WITH N.C.C.D. IN 2024 ANALYSIS OF N.C.C.D. FILES IN 2024 ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD IV Examples based EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE BY THE N.C.C.D.’ STEERING BOARD ACTIVITY OF THE on case-law of findings LEGAL DIRECTORATE DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS made by the N.C.C.D.’ NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA 2024 FINANCIAL AND PERSONNEL DATA Steering Board TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 31  2024 ACTIVITY REPORT FOREWORD EQUAL OPPORTUNITIES IN ECONOMIC ACTIVITIES ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 AND IN EMPLOYMENT AND PROFESSION ANALYSIS OF N.C.C.D. FILES IN 2024 ANALYSIS OF CASE PROCESSING DECISION A BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD A mother, diagnosed with Class 2 obesity and chronic thyroid disease after returning from EXAMPLES BASED parental leave, applied for a job in a county police inspectorate. The Medical Committee de- ON CASE-LAW OF clared her unfit according to the standard criteria introduced by Order No. 107/2014 issued FINDINGS MADE by the Minister of National Defence, the Minister of Internal Affairs, the Minister of Justice, BY THE N.C.C.D.’ STEERING BOARD the Director of SRI, the Director of SIE, and the Director of the STS. ACTIVITY OF THE In this case, the N.C.C.D. Board found that the non-contagious chronic illness of the petitioner LEGAL DIRECTORATE did not prevent her from holding a non-operative position with the Police Inspectorate. Con- DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED sequently, the Board found that the petitioner was subject to differentiated and discriminatory IN INTERNATIONAL REPORTS treatment and sanctioned the respondents who signed the order with a warning, pursuant NATIONAL COUNCIL FOR COMBATING DISCRIMINATION to Art. 2 (1) in conjunction with Art. 6 of GO 137/2000, as republished. IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA DECISION B A person who intended to enrol for a PhD admission competition, without a prior written agreement signed by a PhD supervisor, requested that the N.C.C.D. Board should issue a decision on the discriminatory nature of the admission methodology. The petitioner claimed TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 32  2024 ACTIVITY REPORT that the right to education cannot be restricted in the case of those persons who do not obtain such an agreement signed by a supervisor before the admission competition. FOREWORD ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 In this case, the N.C.C.D. Board appreciated that, unlike other higher education studies, ANALYSIS OF N.C.C.D. FILES IN 2024 doctoral studies require scientific compatibility between the doctoral student and the PhD ANALYSIS OF CASE PROCESSING supervisor, and they are individual research studies, which set an upper limit of eight doctoral BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD students who may be simultaneously guided by a single supervisor. Consequently, the N.C.C.D. Board found that, pursuant to the university autonomy principle, each doctoral school is free EXAMPLES BASED ON CASE-LAW OF to decide whether PhD candidates should present a supervisor’s prior agreement. FINDINGS MADE BY THE N.C.C.D.’ STEERING BOARD ACCESS TO PUBLIC AND LEGAL SERVICES, ACTIVITY OF THE LEGAL DIRECTORATE HEALTHCARE SERVICES AND OTHER SERVICES, DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED GOODS AND FACILITIES IN INTERNATIONAL REPORTS NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA DECISION A FINANCIAL AND PERSONNEL DATA A commercial bank refused to transfer the amount of money resulting from a real estate transaction to the account of a Romanian citizen with an Arabic name. Moreover, the same citizen benefited from the services of another commercial bank for the same type of transaction. The N.C.C.D. Board appreciated that the action taken by the respondent was unjustified and discriminatory. Consequently, the Board found the occurrence of an act of discrimination, TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 33  2024 ACTIVITY REPORT pursuant to Art. 2 (11) and to Art. 26 (1) of GO no. 137/2000 on preventing and sanction- ing of all forms of discrimination, as further amended and supplemented, republished, in FOREWORD ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 conjunction with Art. 8 of GO no. 2/2001 on the legal regime of contraventions, as further ANALYSIS OF N.C.C.D. FILES IN 2024 amended and supplemented, and sanctioned the bank with a RON 5,000 fine. ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD DECISION B EXAMPLES BASED “The asking price of the owner is EUR40,000. For citizens of Roma ethnicity, the asking price ON CASE-LAW OF if EUR 38,000, and the agency fee is lowered by 50 %”, read the text of an online advertise- FINDINGS MADE ment placed by a petitioner, a Romanian citizen of Romanian ethnicity. BY THE N.C.C.D.’ STEERING BOARD The Board appreciated that the unfavourable treatment of the majority population, compared ACTIVITY OF THE with persons belonging to the Roma ethnicity relies on the respondents’ personal consid- LEGAL DIRECTORATE erations regarding likely behaviours related to their ethnic origin and individual features, DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED which places such a manner of wording in the category of discrimination against persons IN INTERNATIONAL REPORTS who do not belong to the Roma ethnicity. At the same time, the Board notes that the possi- NATIONAL COUNCIL FOR COMBATING DISCRIMINATION ble affirmative measure cannot be adopted by an individual, given that the lower price offer IN MASS-MEDIA cannot contribute to equal opportunities between the disadvantaged category, namely the FINANCIAL AND PERSONNEL DATA persons belonging to the Roma ethnicity, and the majority population, Romanian citizens of Romanian nationality. In this case, the N.C.C.D. Board sanctioned the real estate agency with a fine in amount of RON 10,000, pursuant to Art. 26 (1) of GO no. 137/2000, as republished. TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 34