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at, in the absence of concrete steps, which would have been possible in the context of Law no. 448/2006 on the rights of persons with ANALYSIS OF CASE PROCESSING BASED disabilities, the right to participate in sports competitions was denied to the disabled ON THE DECISIONS person who was entitled to a companion. ISSUED BY N.C.C.D.’S STEERING BOARD N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant EXAMPLES EXAMPLES FROM THE to the provisions of Art. 2 para. 1, 4 and 5 and Art. 10 h) of the anti-discrimination law CASE LAW OF N.C.C.D. N.C.C.D. and imposed an administrative fine against the sports body amounting to 10,000 lei. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS PROTECTED BY LAW DECISION B ACTIVITY OF THE CASE INVESTIGATION OFFICE The conduct of the representatives of a banking company, governed by internal rules for the approval and the opening of bank accounts in LEI and in foreign currency, ACTIVITY UNDERTAKEN BY namely restricting access to the foreign currency account and subsequently closing THE LEGAL DIRECTORATE the account, on the ground of nationality of a third-party country, even if the person THE ISSUE OF in question is a national of a country potentially placed on a list of countries posing a DISCRIMINATION IN reputational risk, constitutes an indirect act of discrimination on grounds of nationality. ROMANIA REFLECTED IN INTERNATIONAL REPORTS N.C.C.D.’s Steering Board considered that the banking company could have provided exceptions in its internal regulations with regard to foreign nationals residing legally NATIONAL COUNCIL on Romanian territory, in accordance with national regulations on the legal status of FOR COMBATING foreign nationals. DISCRIMINATION IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA 41 2022 ACTIVITY REPORT CONTENT FOREWORD N.C.C.D.’s Steering Board found the existence of the act of discrimination pursuant to ANALYSIS OF the provisions of Art. 2 para. 1 and Art. 10 d) of the anti-discrimination law and imposed III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED an administrative fine against the banking company amounting to 10,000 lei. BY N.C.C.D. IN 2022 ANALYSIS OF CASE PROCESSING BASED DECISION C ON THE DECISIONS ISSUED BY N.C.C.D.’S The awarding of a high score for eligibility criteria that relate to permanent residence STEERING BOARD or residence in the locality in question, or for criteria related to professional activity EXAMPLES EXAMPLES FROM THE and level of education, in particular a PHD, a master’s degree, university studies, CASE LAW OF N.C.C.D. N.C.C.D. technical or secondary education when awarding a social housing, constitutes an act IN 2022 CONCERNING of discrimination. DISCRIMINATION DISCRIMINATION IN AREAS AREAS PROTECTED BY LAW N.C.C.D.’s Steering Board considered that, although certain justifications can be found ACTIVITY OF THE CASE for the criteria adopted, there is no proportionality between the means chosen and INVESTIGATION OFFICE the aim pursued by granting social housing, thus indirectly affecting people living in informal settlements covered by Law no. 151/2019, as well as people with no education ACTIVITY UNDERTAKEN BY or with a low level of education who belong to marginalised communities, economically THE LEGAL DIRECTORATE and socially vulnerable groups, such as, for example, Roma communities. THE ISSUE OF DISCRIMINATION IN N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to ROMANIA REFLECTED the provisions of Art. 2 para. 3 and Art. 10 h) and g), Art. 15 of the anti-discrimination law IN INTERNATIONAL REPORTS and imposed an administrative fine against the respondent amounting to 5,000 lei. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION DECISION D IN MASS-MEDIA Penalizing persons who received fines during the previous calendar year due to anti- FINANCIAL social behaviour, as part of the process of awarding points for social housing purposes AND PERSONNEL DATA 42 2022 ACTIVITY REPORT CONTENT FOREWORD constitutes an act of discrimination. Similarly, it is considered an act of discrimination ANALYSIS OF to penalize persons whose minor children do not attend school, to penalize persons III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED for lack of education, lack of legal marriage, lack of income or lack of a previous rental BY N.C.C.D. IN 2022 contract. ANALYSIS OF CASE PROCESSING BASED N.C.C.D.’s Steering Board considered that the establishment of neutral criteria entail the ON THE DECISIONS existence of objective justification, a legitimate aim and proportionality ratio between ISSUED BY N.C.C.D.’S the means used and the aim pursued. Penalization on the basis of these criteria may STEERING BOARD constitute a double sanction. The lack of definition of anti-social behaviour may allow EXAMPLES EXAMPLES FROM THE misinterpretation. Criteria such as non-attendance at school may particularly affect CASE LAW OF N.C.C.D. N.C.C.D. families living in informal settlements and lacking the means to support their children IN 2022 CONCERNING at school. Education or income criteria particularly affect people from economically DISCRIMINATION DISCRIMINATION IN AREAS AREAS and socially disadvantaged groups, including Roma communities. PROTECTED BY LAW ACTIVITY OF THE CASE N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to INVESTIGATION OFFICE the provisions of Art. 2 para. 3 and Art. 10 h) of the anti-discrimination law and imposed an administrative fine against the respondent amounting to 5,000 lei. ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE THE ISSUE OF Access to education DISCRIMINATION IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS DECISION A NATIONAL COUNCIL The exclusion of 5th grade secondary school pupils from the award of merit scholarships FOR COMBATING on the basis of their year of study constitutes discrimination. Similarly, the exemption DISCRIMINATION IN MASS-MEDIA of rural pupils enrolled in a school other than their home school from the award of a social grant on the basis of their course of study constitutes an act of discrimination. FINANCIAL AND PERSONNEL DATA 43 2022 ACTIVITY REPORT CONTENT FOREWORD N.C.C.D.’s Steering Board considered that the regulations adopted in the field of edu- ANALYSIS OF cation have led to different treatment of persons in similar situations, in the absence III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED of an assessment method of students for the award of merit scholarships. BY N.C.C.D. IN 2022 It was also noted that there was a lack of reasoning as to the grounds for excluding ANALYSIS OF CASE PROCESSING BASED certain categories of pupils from the award of a social grant, which constituted a fail- ON THE DECISIONS ure to adequately consider the needs of vulnerable categories of persons who are in ISSUED BY N.C.C.D.’S different situations in relation to the opportunities to effectively access and benefit STEERING BOARD from the educational process. EXAMPLES EXAMPLES FROM THE CASE LAW OF N.C.C.D. N.C.C.D. N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant IN 2022 CONCERNING to the provisions of Art. 2 para. 1, Art. 2 par. 3, Art. 10 h) and Art. 11 para. 1 of the anti-dis- DISCRIMINATION DISCRIMINATION IN AREAS AREAS crimination law and imposed an administrative fine against the respondent amounting PROTECTED BY LAW to 10,000 lei. ACTIVITY OF THE CASE INVESTIGATION OFFICE DECISION B ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE The rejection of candidates on the basis of the medical scales established for admission THE ISSUE OF to military, intelligence, public order and security, police, prison administration edu- DISCRIMINATION IN cation institutions in relation to the diagnosis of chronic autoimmune thyroid disease ROMANIA REFLECTED constitutes an act of discrimination. IN INTERNATIONAL REPORTS N.C.C.D.’s Steering Board considered that the rejection of a candidate on the basis of NATIONAL COUNCIL the diagnosis in question fell within the criterion of non-contagious chronic disease FOR COMBATING and that the measure of rejection was not objectively justified by the achievement of a DISCRIMINATION IN MASS-MEDIA legitimate aim. N.C.C.D. held that, according to the specialized board of the Ministry of Health, chronic autoimmune thyroiditis with normal thyroid function does not affect FINANCIAL the ability to work, regardless of the type of activity. AND PERSONNEL DATA 44 2022 ACTIVITY REPORT CONTENT FOREWORD N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant ANALYSIS OF to the provisions of Art. 2 para. 1 and Art. 6 of the anti-discrimination law and imposed III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED an administrative sanction of issuing a warning against the respondent and recom- BY N.C.C.D. IN 2022 mended the elimination of the criterion of chronic autoimmune thyroiditis from the admission competition. ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS ISSUED BY N.C.C.D.’S DECISION C STEERING BOARD EXAMPLES EXAMPLES FROM THE A school regulation which includes the possibility of expulsion of pupils because of CASE LAW OF N.C.C.D. N.C.C.D. their parents’ behaviour is discriminatory. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS N.C.C.D.’s Steering Board considered that all children enrolled at the school have the PROTECTED BY LAW same rights in terms of access to education, regardless of their parents’ behaviour. ACTIVITY OF THE CASE A pupil cannot be deprived of the right to education because his or her parents hold INVESTIGATION OFFICE certain views or behave in a way that puts him or her in conflict with the school unit. Therefore, such a regulation creates an unacceptable discrimination of pupils by asso- ACTIVITY UNDERTAKEN BY ciation with parental behaviour, for which children cannot be sanctioned by expulsion. THE LEGAL DIRECTORATE THE ISSUE OF N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant DISCRIMINATION IN to the provisions of Art. 2 para. 1 of the anti-discrimination law and imposed an ad- ROMANIA REFLECTED ministrative sanction of issuing a warning against the respondent and recommended IN INTERNATIONAL REPORTS the elimination of the discriminatory regulations. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION DECISION D IN MASS-MEDIA The introduction of provisions in the regulations governing the organisation and con- FINANCIAL duct of school sports competitions which make the participation of pupils conditional AND PERSONNEL on non-membership of sports clubs constitutes discrimination. DATA 45 2022 ACTIVITY REPORT CONTENT FOREWORD N.C.C.D.’s Steering Board noted that, sometime after the adoption of the regulations ANALYSIS OF in question, they were amended and those conditions were removed. However, dur- III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED ing that time, the effect was to discourage potential candidates from participating in BY N.C.C.D. IN 2022 school competitions. ANALYSIS OF CASE PROCESSING BASED N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant ON THE DECISIONS to the provisions of Art. 2 para. 1 and Art. 11 para. 1 and 2 of the anti-discrimination law, ISSUED BY N.C.C.D.’S imposed an administrative sanction of issuing a warning against the respondent party STEERING BOARD because in the specific case under review the possibility of participation in the compe- EXAMPLES EXAMPLES FROM THE tition was offered to students, and recommended to avoid in the future the regulation CASE LAW OF N.C.C.D. N.C.C.D. of similar discriminatory conditions. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS PROTECTED BY LAW Freedom of movement, freedom to choose one’s residence ACTIVITY OF THE CASE INVESTIGATION OFFICE and access to public facilities ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE DECISION A THE ISSUE OF DISCRIMINATION IN Denying access of a group of people, including children belonging to the Roma minority ROMANIA REFLECTED to the swimming pool constitutes an act of discrimination. IN INTERNATIONAL REPORTS N.C.C.D.’s Steering Board considered that the imposition of restrictions in terms of NATIONAL COUNCIL access to services intended for the general public, including access to the swimming FOR COMBATING pool, must be objectively justified in order to achieve a legitimate aim, and the means DISCRIMINATION IN MASS-MEDIA chosen must be proportionate to the aim pursued. Conditioning access to services offered to the public on the basis of membership of an ethnic group is prohibited. FINANCIAL AND PERSONNEL DATA 46 2022 ACTIVITY REPORT CONTENT FOREWORD N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant ANALYSIS OF to the provisions of Art. 2 para. 1 and Art. 10 f) and Art. 15 of the anti-discrimination law III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED and imposed an administrative fine against the company amounting to 10,000 lei BY N.C.C.D. IN 2022 on the company. ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS DECISION B AND DECISION C ISSUED BY N.C.C.D.’S STEERING BOARD Limiting the access to the services offered by supermarket stores to a blind person EXAMPLES EXAMPLES FROM THE accompanied by a guide dog intended for persons with such a disability, or refusing CASE LAW OF N.C.C.D. N.C.C.D. access to the store to such persons constitutes act of discrimination. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION