Vezi raport EN

IN AREAS AREAS Pursuant to the provisions of Article 5 of Law No. 448/2006 on the rights of persons PROTECTED BY LAW with disabilities, the public or private legal person has the obligation to adapt the con- ACTIVITY OF THE CASE ditions of entry and stay for persons with disabilities, including for persons requiring INVESTIGATION OFFICE a guide dog. ACTIVITY UNDERTAKEN BY N.C.C.D.’s Steering Board considered that the company did not include within their THE LEGAL DIRECTORATE specific regulation the provisions in place for the situation of disabled customers and THE ISSUE OF that the staff was not properly trained to deal with customers, including disabled people. DISCRIMINATION IN ROMANIA REFLECTED N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant IN INTERNATIONAL REPORTS to the provisions of Art. 2 para. 1 and Art. 10 f) and Art. 15 of the anti-discrimination law and imposed an administrative fine against the commercial company amounting NATIONAL COUNCIL to 5,000 lei, and an administrative fine of 2,000 lei and an administrative fine of FOR COMBATING 4,000 lei against the company providing security services for the shop. DISCRIMINATION IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA 47 2022 ACTIVITY REPORT CONTENT FOREWORD ANALYSIS OF DECISION D III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 Imposing restrictions on access to a restaurant for children under the age of 6 and their accompanying persons on the grounds of preventing the spread of SARS-COV-2 ANALYSIS OF CASE PROCESSING BASED and the right to select the clients constitutes an act of discrimination. ON THE DECISIONS ISSUED BY N.C.C.D.’S Referring to its own case law (Judgment No. 668 of 15.09.2021 and Judgment No. 809 STEERING BOARD of 17.11.2021), N.C.C.D. has considered that, with regard to restricting access to services EXAMPLES EXAMPLES FROM THE offered to the public on the basis of age, without analysing situations in concrete terms, CASE LAW OF N.C.C.D. N.C.C.D. on a case-by-case basis, without establishing a set of specific, objective and justified IN 2022 CONCERNING criteria, for example by imposing a commitment on customers to ensure appropriate DISCRIMINATION DISCRIMINATION IN AREAS AREAS behaviour for their children or by creating special facilities, a situation of unjustified PROTECTED BY LAW disadvantage is created for customers with underage children. ACTIVITY OF THE CASE INVESTIGATION OFFICE N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to the provisions of Art. 2 para. 1 and Art. 10 f) of the anti-discrimination law and ACTIVITY UNDERTAKEN BY imposed an administrative sanction of issuing a warning against the company and THE LEGAL DIRECTORATE recommended to change the restaurant’s policy to ensure fair access to the services THE ISSUE OF offered to the public. DISCRIMINATION IN ROMANIA REFLECTED IN INTERNATIONAL REPORTS DECISION E NATIONAL COUNCIL Denying access to a store on the ground of refusal to wear a protective mask in cir- FOR COMBATING cumstances where not wearing a mask is justified on medical grounds constitutes an DISCRIMINATION IN MASS-MEDIA act of discrimination. FINANCIAL N.C.C.D.’s Steering Board took into account the fact that the person whose access was AND PERSONNEL denied was suffering from allergic bronchial asthma, with a recommendation to be DATA 48 2022 ACTIVITY REPORT CONTENT FOREWORD exempted from wearing a protective mask, as the neuropsychic mechanism of the ANALYSIS OF asthmatic crisis was known and proved by medical documents. Although these doc- III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED uments were presented to the shop representatives and security staff, they were not BY N.C.C.D. IN 2022 taken into consideration. The refusal based on the legislation on measures ordered in the context of the Covid-19 pandemic cannot be upheld in the light of the particular ANALYSIS OF CASE PROCESSING BASED medically proven situation. ON THE DECISIONS ISSUED BY N.C.C.D.’S N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant STEERING BOARD to the provisions of Art. 2 para. 1 and Art. 10 f) and Art. 15 of the anti-discrimination EXAMPLES EXAMPLES FROM THE law and imposed an administrative fine against the company amounting to 2,000 lei. CASE LAW OF N.C.C.D. N.C.C.D. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS PROTECTED BY LAW AREAS The right to personal dignity ACTIVITY OF THE CASE INVESTIGATION OFFICE DECISION A ACTIVITY UNDERTAKEN BY Publication within a period of more than 60 days of press articles which consistently THE LEGAL DIRECTORATE generated offensive or disparaging comments, remarks or phrases, without any cen- THE ISSUE OF sorship, among which “bloody Machedonian”, “every Machedonian steals” “ greedy DISCRIMINATION IN specimen “, “Cyban lepers”, “baboon”, “retard face”, “when the Machednians will ROMANIA REFLECTED disappear . .. the pollution will decrease”, “filthy, thieving Machedonians”, “chimpan- IN INTERNATIONAL REPORTS zees of Machedonians”, “filthy Machedonians and Gypsies run the city....”, “cretinous Machedonian”, “race of upstarts”, “allogenic rag”, “good Machedonians are the dead NATIONAL COUNCIL and buried ones”, “mutant”, “Machedonian scum”, constitute an act of discrimination. FOR COMBATING DISCRIMINATION IN MASS-MEDIA N.C.C.D. took into account the fact that the impugned statements envisaged the ethnic origin, political affiliation and physical appearance, constituting multiple discrimination. FINANCIAL AND PERSONNEL DATA 49 2022 ACTIVITY REPORT CONTENT FOREWORD Although the denigrating nature of the statements was brought to the attention of the ANALYSIS OF respondent, no action was taken to remove them, which constituted passive conduct III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED that had the effect of creating a degrading and offensive environment and undermining BY N.C.C.D. IN 2022 human dignity. ANALYSIS OF CASE PROCESSING BASED N.C.C.D.’s Steering Board found the existence of acts of discrimination pursuant to the ON THE DECISIONS provisions of Art. 2 para. 1, 4, 6 and Art. 15 of the anti-discrimination law and imposed ISSUED BY N.C.C.D.’S an administrative fine against the media service provider amounting to 10,000 lei. STEERING BOARD EXAMPLES EXAMPLES FROM THE CASE LAW OF N.C.C.D. N.C.C.D. DECISION B IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS Chants by supporters at sporting events, namely “Out, out with the Hungarians from PROTECTED BY LAW the country”, and “stinking Hungarians” constitute an act of discrimination. ACTIVITY OF THE CASE INVESTIGATION OFFICE N.C.C.D. found that those chants represent a conduct aimed at undermining dignity and creating a hostile, degrading and humiliating atmosphere directed against ethnic Hungarians. ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE Taking into account the case-law on the matter and the provisions of the Regulation THE ISSUE OF for the organisation of the sporting competition in question, N.C.C.D.’s Steering Board DISCRIMINATION IN found the existence of the acts of discrimination pursuant to the provisions of Art. 2 ROMANIA REFLECTED para. 1 and Art. 15 of the anti-discrimination law and imposed an administrative fine IN INTERNATIONAL REPORTS against the sports club of amounting to 10,000 lei. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION DECISION C IN MASS-MEDIA The associations created in press articles between certain bacteria or diseases and their FINANCIAL description in relation to female persons that held positions of elected public dignity AND PERSONNEL are not protected by the right to free expression and constitute an act of discrimination. DATA 50 2022 ACTIVITY REPORT CONTENT FOREWORD Taking into account the essential role that the press plays in a democratic society, ANALYSIS OF including through the presentation of topics of public interest in politics which may III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED include a degree of exaggeration or provocation, N.C.C.D.’s Steering Board found the BY N.C.C.D. IN 2022 existence of denigrating and humiliating language against women, including offensive images generated by a local conflict. ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS Freedom of expression entails responsibilities, including the obligation to avoid ex- ISSUED BY N.C.C.D.’S pressions which gratuitously offend others, which interfere with their rights and which STEERING BOARD do not contribute to a form of public debate capable of advancing human relations. 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 to IN 2022 CONCERNING the provisions of Art. 2 para. 1 and Art. 15 of the anti-discrimination law and imposed an DISCRIMINATION DISCRIMINATION IN AREAS AREAS administrative fine against the online media service provider amounting to 10,000 lei. PROTECTED BY LAW ACTIVITY OF THE CASE INVESTIGATION OFFICE DECISION D ACTIVITY UNDERTAKEN BY The making of a video promoting alcoholic beverages featuring a man and a woman THE LEGAL DIRECTORATE in which an intimate act with sexual connotations is staged and the woman is slapped THE ISSUE OF on the forehead and labelled a “fool” constitutes an act of discrimination. DISCRIMINATION IN ROMANIA REFLECTED N.C.C.D. found that the message presented in the video promotes prejudice against IN INTERNATIONAL REPORTS women in the society, which are likely to induce negative attitudes towards women based on unacceptable gestures, going beyond the sphere of freedom of expression. NATIONAL COUNCIL FOR COMBATING N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to DISCRIMINATION IN MASS-MEDIA the provisions of Art. 2 para. 1 and Art. 15 of the anti-discrimination law and imposed an administrative fine against the respondent party amounting to 10,000 lei. FINANCIAL AND PERSONNEL DATA 51 2022 ACTIVITY REPORT CONTENT FOREWORD ANALYSIS OF DECISION E III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 Changing the tag of the People’s Redemption Cathedral within a web application with global impact that provide detailed geographical location information with the tag ANALYSIS OF CASE PROCESSING BASED “Cathedral of fooling the people” constitutes an act of discrimination by association ON THE DECISIONS with religious affiliation. ISSUED BY N.C.C.D.’S STEERING BOARD N.C.C.D.’s Steering Board noted that the situation created implicitly induced a causal EXAMPLES EXAMPLES FROM THE link between the religious affiliation of certain communities of persons and led to the CASE LAW OF N.C.C.D. N.C.C.D. infringement of the right to human dignity. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS N.C.C.D. found that the main entity that provide and manage the web services in PROTECTED BY LAW question, established in another State, was responsible for the passive attitude in the ACTIVITY OF THE CASE management of the situation created by the modification of the tag in question, while INVESTIGATION OFFICE the natural person who made the modification in question was responsible for the action of modification which produced public effects. ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE N.C.C.D.’s Steering Board found the existence of acts of discrimination pursuant to THE ISSUE OF the provisions of Art. 2 para. 4 and Art. 2 para. 1 and Art. 15 of the anti-discrimination DISCRIMINATION IN law and imposed an administrative fine against the web service provider amounting ROMANIA REFLECTED to 10,000 lei and an administrative fine amounting to 10,000 lei against the indi- IN INTERNATIONAL REPORTS vidual that operated the change. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA FINANCIAL AND PERSONNEL DATA 52  2022 ACTIVITY REPORT IV. Activity of the Case Investigation Office 53 2022 ACTIVITY REPORT CONTENT FOREWORD In 2022, the Case Investigation Office continued to centralize cases where administra- ANALYSIS OF tive fines had been issued and also to follow up on the current phase of proceedings PETITIONS RECEIVED related to N.C.C.D.’s decisions taken in the above-mentioned cases. BY N.C.C.D. IN 2022 In such cases where N.C.C.D.’s decisions were not challenged in front of courts having ANALYSIS OF CASE PROCESSING BASED jurisdiction, the Case Investigation Office notified the competent tax authorities, in ON THE DECISIONS order to enforce the decisions taken by the Steering Board where administrative fines ISSUED BY N.C.C.D.’S had been issued. STEERING BOARD EXAMPLES FROM THE In 2022, the Case Investigation Office received 38 files from N.C.C.D.’s Steering Board CASE LAW OF N.C.C.D. in order to notify the fines to the competent tax authorities. Also, the Legal Affairs, IN 2022 CONCERNING Litigation and Contracts Unit sent 12 files to the Investigation and Review Unit/Case DISCRIMINATION IN AREAS Investigation Office for the same purpose, as a result of N.C.C.D.’s decisions being PROTECTED BY LAW rendered final and enforceable. ACTIVITY ACTIVITY OF OF THE THE CASE CASE INVESTIGATION INVESTIGATIONOFFICE OFFICE A total of 42 investigations were conducted (some of the cases requiring several trips). Out of the 38 cases investigated, 31 were in urban areas and 5 in rural areas. A total ACTIVITY UNDERTAKEN BY of 203 persons were interviewed during the investigations conducted in 2022, with THE LEGAL DIRECTORATE IV. Activity of the Case Investigation Office an avera