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2024 ACTIVITY REPORT DECISION C FOREWORD ANALYSIS OF PETITIONS A person with visual impairment tried to enter an outdoor pool facility with the guide dog. REGISTERED WITH N.C.C.D. IN 2024 Despite the fact that the visually impaired person explained the pool reception staff that the ANALYSIS OF N.C.C.D. FILES IN 2024 legislation allows it, the person who banned their access indicated that the pool was private ANALYSIS OF CASE PROCESSING property and did not have to comply with legal provisions. BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD In view of the express refusal of the pool employee to allow the petitioner access, the Board EXAMPLES BASED explained that any service provider should make every effort to ensure that the access and, ON CASE-LAW OF implicitly, the integration of persons with special needs is effectively achieved. Also, N.C.C.D. FINDINGS MADE sanctioned the private operator with a fine in amount of RON 2,000 pursuant to Art. 2 (1) BY THE N.C.C.D.’ STEERING BOARD in conjunction with Art. 10 (f) and (h) of GO no. 137/2000 preventing and sanctioning of all forms of discrimination, as republished. The provisions of Law no. 448/2006 on the protec- ACTIVITY OF THE LEGAL DIRECTORATE tion and promotion of the rights of persons with disabilities also apply in the case. DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS RIGHT TO PERSONAL DIGNITY NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA DECISION A The N.C.C.D. Board sanctioned the antisemitic hate speech and dangerous speech generat- ed in the social media by a leader of the neo-legionarism community. Moreover, in various online posts, the person subject to the sanction used numerous stereotypes about Jews, who were associated with bolshevism, communism, conspiracy theories on a totalitarian world TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 35  2024 ACTIVITY REPORT government, or the murder of Jesus Christ, the founder of Christianity, stereotypes which are internationally identified with the promotion of antisemitism, as defined by the International FOREWORD ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 Holocaust Remembrance Alliance (IHRA). ANALYSIS OF N.C.C.D. FILES IN 2024 The Board appreciated that the promotion of antisemitic messages is incompatible with free ANALYSIS OF CASE PROCESSING speech and democracy and sanctioned the respondent with a fine in amount of 5,000 RON BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD pursuant to Art. 15 GO no. 137/2000 preventing and sanctioning of all forms of discrimina- tion, as republished, and to the national legislation on combating antisemitism. EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE DECISION B BY THE N.C.C.D.’ STEERING BOARD The N.C.C.D. Board acted on its own motion ACTIVITY OF THE in the case of a press release published by LEGAL DIRECTORATE a trade union organisation, a reaction to DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED an interview given by a female defendant, IN INTERNATIONAL REPORTS while waiting for a court to rule on her NATIONAL COUNCIL FOR COMBATING DISCRIMINATION custodial sentence. In the press release, the IN MASS-MEDIA trade union organisation uses defamatory FINANCIAL AND PERSONNEL DATA rhetoric against motherhood, implying that a woman should not take steps to have children while waiting for a court sentence: “if she cared so much about the fate of her child, E.U. should have anticipated the consequences of the fact that the offences TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 36  2024 ACTIVITY REPORT she had committed foretold her status as a person deprived of her liberty, especially after she was indicted before the court, and that such status would make her relationship with a FOREWORD ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 potential child difficult.” Despite this, U. chose to have a child. And then who is to blame for ANALYSIS OF N.C.C.D. FILES IN 2024 any gaps in the psycho-emotional development of her daughter? The Romanian State or her own decisions?”. ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.’ STEERING BOARD The content of the press release differentiates between women deprived of their liberty, who are mothers, and other persons deprived of their liberty, representing a behaviour which is EXAMPLES BASED ON CASE-LAW OF likely to undermine their dignity, to create an intimidating, hostile, degrading, humiliating, FINDINGS MADE offensive atmosphere against women deprived of their liberty who are mothers. BY THE N.C.C.D.’ STEERING BOARD The N.C.C.D. Board sanctioned the trade union organisation with a fine in amount of RON 5,000, pursuant to Art. 2 (1) and to Art. 15 of GO no. 137/2000. ACTIVITY OF THE LEGAL DIRECTORATE DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED DECISION C IN INTERNATIONAL REPORTS NATIONAL COUNCIL FOR Several persons, and the Romanian Patriarchate reported the offensive content of an art COMBATING DISCRIMINATION IN MASS-MEDIA exhibition organised in Bucharest. Although the exhibition was artistically designed to re- flect the antithesis between light and shadows, the N.C.C.D. Board appreciated that certain FINANCIAL AND PERSONNEL DATA exhibits go beyond freedom of artistic creation and are offensive for Christians. The main exhibit which supported the decision reached by N.C.C.D. was an icon in the Byzantine tra- dition, used as a liturgical object by several religious cults in our country, whose consecrated form was modified by the artist. The elements of originality were limited by an offensive reversal of the artistic message related TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 37  2024 ACTIVITY REPORT to the Mother of God, as follows: from the virginal mother to a transvestite man of vulgar appearance, from the simple attire, which is an iconographic indication of the pure life of FOREWORD ANALYSIS OF PETITIONS REGISTERED WITH N.C.C.D. IN 2024 the Mother of God, to the ostentatious display of a quasi-naked body covered with tattoos, ANALYSIS OF N.C.C.D. FILES IN 2024 from the femininity par excellence of the Mother of God to the image of a man crossdressing as a woman, from the humble posture of the Mother of God to the debonair appearance of ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED the crossdresser, etc. BY THE N.C.C.D.’ STEERING BOARD The N.C.C.D. Board appreciated the EXAMPLES BASED ON CASE-LAW OF content of the exhibition as offensive FINDINGS MADE pursuant to Art. 13 (2) of Law no. BY THE N.C.C.D.’ 489/2006 on religious freedom and STEERING BOARD to Art. 2 (4) in conjunction with Art. ACTIVITY OF THE 15 of GO no. 137/2000 preventing LEGAL DIRECTORATE and sanctioning of all forms of dis- DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED crimination, as further amended, IN INTERNATIONAL REPORTS supplemented and republished, and NATIONAL COUNCIL FOR COMBATING DISCRIMINATION sanctioned the artist with a warning, IN MASS-MEDIA and the curator, the organiser and FINANCIAL AND PERSONNEL DATA the host of the exhibition with a fine in amount of RON 5,000 each. TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 38  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 EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE BY THE N.C.C.D.’ STEERING BOARD ACTIVITY OF THE LEGAL DIRECTORATE DISCRIMINATION-RELATED ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS V Activity of the NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA 2024 FINANCIAL AND PERSONNEL DATA Legal Directorate TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 39  2024 ACTIVITY REPORT FOREWORD ANALYSIS OF PETITIONS ACTIVITIES UNDERTAKEN ACCORDING TO SPECIFIC REGISTERED WITH N.C.C.D. IN 2024 ANALYSIS OF N.C.C.D. FILES IN 2024 TASKS ENTRUSTED ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.‘ STEERING BOARD EXAMPLES BASED ON CASE-LAW OF FINDINGS MADE BY ■ LEGAL REPRESENTATION OF THE NATIONAL COUNCIL THE N.C.C.D.’ STEERING BOARD ACTIVITY OF THE LEGAL FOR COMBATING DISCRIMINATION INTERESTS DIRECTORATE Legal assistance and representation of the interests of the National Council for Combating DISCRIMINATION-RELATED Discrimination, in litigations whose subject is included in the scope of legal verifications ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS and due diligence procedure applied to decisions taken by the Steering Board, as well as in NATIONAL COUNCIL FOR general, is provided by the Legal Affairs, Litigation and Expert Reports Unit (SCJE) within COMBATING DISCRIMINATION IN MASS-MEDIA the Legal Directorate of the Council. FINANCIAL AND PERSONNEL DATA As stipulated by art. 20, para. (9) and (10) of O.G. no. 137/2000R, in conjunction with the provisions of the “Internal procedure for processing petitions and complaints “published in the Official Bulletin, Part. I no. 348 of 06.05./2008, adopted pursuant to art. III, para. 1 – Chapter IV of G.O. no. 137/2000R, petitions whose subject is related to discriminatory actions are settled by the National Council for Combating Discrimination through a ‘decision’, which is a jurisdictional-administrative document. TABLE OF CONTENTS CONTACT: WEBSITE EMAIL ADDRESS FACEBOOK 40  2024 ACTIVITY REPORT FOREWORD ANALYSIS OF PETITIONS The activity of settling disputes which represents the subject of the above-mentioned pe- REGISTERED WITH N.C.C.D. IN 2024 titions is achieved within a jurisdictional administrative framework, following a specific ANALYSIS OF N.C.C.D. FILES IN 2024 special procedure which is subordinated to the key features of the special administrative ANALYSIS OF CASE PROCESSING jurisdiction: optional and gratuitous nature of jurisdiction, functional independence of the BASED ON THE DECISIONS ISSUED BY THE N.C.C.D.‘ STEERING BOARD jurisdictional authority, compliance with the principles of ensuring the right to defence and EXAMPLES BASED ON safeguarding the adversarial nature of the proceedings. CASE-LAW OF FINDINGS MADE BY THE N.C.C.D.’ STEERING BOARD The legal verifications and due diligence procedure applied to the decisions of the N.C.C.D.’ ACTIVITY OF Steering Board fall under the jurisdiction of administrative proceedings courts (Courts of THE LEGAL Appeal, operating as first instance courts, respectively the High Court of Cassation and Jus- DIRECTORATE tice, as an appellate court), as stipulated by art. 20, para. (9) and (10) of O.G. no. 137/2000, DISCRIMINATION-RELATED republished, in conjunction with art. 6 of the Law on administrative proceedings no. 554/2004. ISSUES IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS The time-limit within these jurisdictional-administrative documents may be appealed against NATIONAL COUNCIL FOR COMBATING DISCRIMINATION is 15 days since their service, otherwise they become enforceable. IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA ■ THE CONFIRMATION RATE FOR THE “JUDICIAL REVIEW” THAT N.C.C.D. DECISIONS WERE SUBJECTED TO DURING 2024 During 2024, the competent courts (the Courts of Appeal and High Court of Cassation and