Vezi raport EN

Activity report 1  2021 ACTIVITY REPORT Content 2 Content 11 DEVELOPMENTS IN PETITIONS REGISTERED DURING THE 2002–2021 PERIOD ACCORDING TO 5 Foreword EACH DISCRIMINATION CRITERIA 12 DISTRIBUTION OF PETITIONS RECEIVED DURING 7 I Analysis of petitions received THE 2002–2021 PERIOD, ACCORDING TO DISCRIMINATION CRITERIA by N.C.C.D. in 2021 13 DISTRIBUTION OF PETITIONS RECEIVED IN 2021 8 DISTRIBUTION OF PETITIONS RECEIVED BY ACCORDING TO DISCRIMINATION CRITERIA THE NATIONAL COUNCIL FOR COMBATING DISCRIMINATION DURING THE 2002–2021 PERIOD, 14 DISTRIBUTION OF CASES IN 2021 PER ACCORDING TO DISCRIMINATION CRITERIA DISCRIMINATION FIELDS 9 DISTRIBUTION OF PETITIONS RECEIVED DURING 15 DISTRIBUTION OF PETITIONS RECEIVED BY N.C.C.D. THE 2011-2021 PERIOD, ACCORDING TO IN 2021 ACCORDING TO THE PROFILE OF THE DISCRIMINATION FIELDS APPLICANT 10 DISTRIBUTION OF PETITIONS RECEIVED BY 16 DISTRIBUTION OF PETITIONS RECEIVED BY N.C.C.D. THE NATIONAL COUNCIL FOR COMBATING IN 2021 ACCORDING TO THEIR AREA OF ORIGIN DISCRIMINATION IN 2021, ACCORDING TO 17 DISTRIBUTION OF PETITIONS RECEIVED IN 2021 PER DISCRIMINATION CRITERIA AND RELEVANT FIELDS EACH COUNTY 2 Click to jump to desired section  2021 ACTIVITY REPORT 18 II Analysis of case processing 26 TYPES OF SANCTIONS ORDERED IN 2021 BY THE STEERING BOARD PER EACH DISCRIMINATION based on the decisions issued by CRITERION the N.C.C.D.’s Steering Board 27 TYPES OF SANCTIONS ORDERED IN 2021 ACCORDING TO EACH DISCRIMINATION FIELD 19 STEERING BOARD’S EX-OFFICIO ACTIONS IN 2021 PER EACH DISCRIMINATION CRITERION 28 TOTAL FINES ISSUED DURING THE 2011–2021 PERIOD 19 STEERING BOARD’S EX-OFFICIO ACTIONS IN 2021 PER EACH FIELD DISCRIMINATION 29 AMOUNT OF FINES ORDERED BY N.C.C.D.’S STEERING BOARD AND THEIR NUMBER IN 2021 20 CLASSIFICATION OF THE DECISIONS ISSUED BY THE N.C.C.D.’S STEERING BOARD IN 2021 IN 30 DISTRIBUTION OF FINES ORDERED IN 2021 ACCORDANCE WITH THE TYPE OF OUTCOME ACCORDING TO EACH DISCRIMINATION CRITERION 21 TYPES OF DISCRIMINATION FOUND IN 2021 31 DISTRIBUTION OF FINES ORDERED IN 2021 ACCORDING TO EACH DISCRIMINATION FIELD 22 SHARE OF FINDINGS SOLUTIONS FROM THE TOTAL NUMBER OF DECISIONS ISSUED BY THE N.C.C.D.’S 32 III Examples based on STEERING BOARD IN THE 2011–2021 PERIOD 23 METHOD FOR PROCESSING THE DECISIONS WHERE case-law of findings made by NO ACT OF DISCRIMINATION HAD BEEN FOUND IN N.C.C.D.’s Steering Board 2021 24 TYPE OF DECISION ISSUED IN 2021 REFLECTED 45 IV Activity of the Case File IN ACCORDANCE WITH EACH DISCRIMINATION Investigation Office CRITERION 47 CLASSIFICATION OF INVESTIGATED FILES 25 TYPE OF DECISION ISSUED IN 2021 REFLECTED IN ACCORDANCE WITH EACH FIELD DEPENDING ON THE RURAL OR URBAN ENVIRONMENT IN WHICH THE ALLEGED 3 DISCRIMINATION HAS TAKEN PLACEE Click to jump to desired section  2021 ACTIVITY REPORT 48 DISTRIBUTION OF INVESTIGATIONS PERFORMED IN 59 LEGAL COUNSELLING, CONTRACTING AND PUBLIC 2021 PER DEVELOPMENT REGION PROCUREMENT 49 CLASSIFICATION OF INVESTIGATED CASES 59 PARTNERSHIP AGREEMENTS DEPENDING ON THE STANDING OF RESPONDENT 60 ACTIVITY OF LOCAL STRUCTURES AS NATURAL PERSON OF LEGAL ENTITY 61 NON-SPECIFIC ACTIVITIES 50 CLASSIFICATION OF INVESTIGATED CASES 61 DRAFTING AND SUBMITTING POSITION PAPERS DEPENDING ON DISCRIMINATION CRITERIA 63 EXTERNAL REPRESENTATION 51 V Activity of the Legal Directorate 65 PREVENTION ACTIVITIES ORGANIZED FROM 52 ACTIVITIES UNDERTAKEN ACCORDING TO SPECIFIC EXTERNAL FUNDS TASKS ENTRUSTED TO THE INSTITUTION 68 INTERNSHIPS 52 LEGAL REPRESENTATION OF THE NATIONAL 69 PREVENTION ACTIVITIES AT NATIONAL LEVEL COUNCIL FOR COMBATING DISCRIMINATION 53 THE CONFIRMATION RATE FOR THE “JUDICIAL 71 VI Discrimination-related issues in REVIEW” THAT N.C.C.D.’S DECISIONS WERE Romania reflected in international reports SUBJECTED TO DURING 2021 54 STATISTICAL DATA FOR JUDICIAL PROCEEDINGS 83 VII National Council for Combating BROUGHT IN ORDER TO TRIGGER TORT LIABILITY Discrimination in print media 56 REPORTING STATISTICAL DATA 57 PROMOTING, MONITORING AND SUPPORTING 91 VIII Financial and personal data EQUAL TREATMENT FOR EU WORKERS 4 Click to jump to desired section 2021 | ACTIVITY REPORT Foreword The activity of the National Council for Combating Dis- employment and jobs (397), personal dignity (263) and crimination throughout 2021 reflects the realities of the access to public services (248). Romanian society, influenced and determined by the COVID-19 pandemic crisis. The second year of COVID-19 As regards the criteria themselves, most of the complaints pandemic brought a number of new challenges and tasks. were directed against: social category (301), beliefs (98), The Council had to fulfil its tasks according to the law during nationality (75), disability (73) and ethnic origin (49). a pandemic crisis, having to adapt its activity to the rules required in order to prevent and fight COVID-19. The Council found that acts of discrimination were com- mitted in 153 cases, especially in the areas of: access to This report presents N.C.C.D.’s activity according to its legal employment and jobs (55), personal dignity (54), access duties, which can be generally divided into two main cate- to public services (27), access to education (11), access to gories: prevention and combating the acts of discrimination. public spaces (6). As regards the fight against the acts of discrimination, By the end of 2021, 394 cases were still pending settlement the Council registered 1,048 complaints in 2021, a record on the docket of courts (in substance appeal). Thus, based number for the 19 years since the institution exists. The on statistical data, the confirmation rate for the “judicial areas associated with the highest number of complaints review” that N.C.C.D.’s decisions went through during 2021, 5 regarding potential acts of discrimination were: access to compared to the number of settled cases (228 cases), was  Foreword 2021 | ACTIVITY REPORT maintained regularly at a rather high level – amounting The communication department performed the activities to approx. 80%. that result from the tasks assigned according to the law in relation to matters such as transparency and public In 2021, N.C.C.D. was summoned in court, as an advisory relations, respectively the foreign relations activity. The body in its capacity as “specialised expert”, for a total num- administrative and economic activities were fulfilled by ber of approx. 3019 court cases whose subject was related to the specialized structure. incurring tort liability (remedies for the victim) as a result of an infringement of the non-discrimination principle. In the 19th year of its existence, N.C.C.D. had an intensive activity, with new challenges brought by the pandemic crisis, In 2021, through its Legal Directorate, N.C.C.D. designed where the Council was called on to contribute in identifying a and implemented the activities that were included in the fair balance between ensuring a non-discriminatory exercise scope of a number of inter-institutional partnerships, with of fundamental rights and freedoms and the constitutional the purpose of developing long-term cooperation in terms of duty of the state to ensure public health and protection of information, education and raising awareness among various life. Even in such conditions, the Council fulfilled its legal categories of employees of public institutions, in order to tasks, preserving its independent and autonomous nature. ensure and observe the right to avoid any discrimination. We recommend that this report be reviewed, while expecting During 2021, the Council initiated the implementation of a constructive feed-back on the Council activity. the ProfsAgainstDiscrimination project financed by the European Commission through the REC-RDIS-DISC- 6 AG-2020 Programme, in partnership with the Association Institute for Public Policies, over a period of 24 months.  2021 ACTIVITY REPORT I Analysis of petitions received by N.C.C.D. in 2021 7  I Analysis of petitions received by N.C.C.D. in 2021 2021 | ACTIVITY REPORT CRITERIA 2004 2006 2008 2009 2005 2003 2002 2007 2020 2021 2010 2016 2018 2019 2015 2012 2013 2014 2017 2011 Non-contagious chronic disease 0 0 6 2 3 2 4 2 0 1 6 9 9 5 8 10 6 8 8 13 Sexual orientation 1 5 6 9 6 7 6 6 4 8 3 13 9 3 8 17 13 13 11 11 HIV Infection 0 1 15 10 5 3 7 1 3 1 5 4 3 4 4 8 4 6 7 2 Language 0 2 1 2 2 7 11 13 16 10 43 38 27 27 25 12 17 20 26 13 Beliefs 4 12 23 19 8 10 14 13 4 2 15 14 13 4 20 6 22 15 24 98 Religion 2 9 9 11 8 12 15 6 6 5 5 11 18 14 7 12 11 17 138 26 Disadvantaged group 2 0 10 6 4 26 22 9 7 14 10 13 25 26 5 2 9 6 13 4 Age 6 11 14 17 10 10 24 10 9 16 5 18 21 22 31 31 29 35 38 37 Gender 3 14 13 9 11 22 32 9 18 15 21 31 46 28 29 19 43 29 30 53 Nationality 1 12 21 39 20 39 54 28 42 33 49 61 49 36 30 64 56 80 83 75 Disability 3 31 18 21 20 70 55 49 38 42 45 42 57 56 83 74 81 87 90 73 Ethnicity 34 66 45 85 69 82 62 62 54 62 61 66 42 61 81 53 52 48 92 49 Others 52 184 108 61 132 32 159 96 83 81 69 121 127 147 194 114 177 153 220 292