Vezi raport EN

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