Vezi raport EN

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

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