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ground stations for disabled persons, including opening a personal bank account based on the reason visually impaired persons, represents an act of that the applicant’s country of origin is deemed as a discrimination. O situation where a blind person high risk country, while individualized criteria are suffered an accident without serious consequences, not being applied, represents an act of discrimination which, nevertheless, resulted in the person’s fall based on the nationality criterion. between the underground tracks due to the lack of adapted markings near the side of the track raises The apparently neutral rules applied by the bank the question of the duty stipulated by the national resulted in a disadvantage for foreign citizens legally legislation regarding making accessible and the residing in Romania. accommodation of transport means, as well as the right of disabled persons to benefit from transport The N.C.C.D. Board of Directors found that acts of services in safety conditions. discrimination were committed pursuant to Art. 2 para. 1 and Art. 10 h) of the Anti-discrimination Law N.C.C.D.’s Steering Board found that acts of discrimi- and ordered an administrative sanction against the nation were committed pursuant to Art. 2 para 1 and bank services provider by applying a fine amounting 36 Art. 10 h) and also Art. 15 of the Anti-discrimination to 5,000 lei.  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT Decision No. 435 of 20 May 2021 and interest in a bi-lingual format on the web-page of a Decision No. 385 of 12 May 2021 local public authorities or only in the language used by minority groups results in a differentiation based Editing and dissemination of information materials on the language criterion prone to infringe the right by a local public authority of information materials to access to public information. including information of public interest only in the language used by minority groups creates a differ- N.C.C.D.’s Steering Board found that acts of discrim- entiation based on the language criterion that limits ination were committed pursuant to Art. 2 para .1 the exercise of the right to access to information of and Art. 10 h) of the Anti-discrimination Law and public interest. ordered an administrative sanction against the local public authorities by applying a fine amounting to Similarly, failure to provide information of public 4,000 lei, respectively 2,000 lei. Access to education Decision No. 62 of 20 January 2021 during the first half of the day compared to other classrooms represent an act of discrimination. Assignment and establishment of school classrooms based on the results of a competition and defining Setting up some elite classrooms and some other the schedule of the classes for the elite classrooms classrooms that are deemed weaker, from an edu- cational perspective, brings about negative effects 37  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT on children’s education. The school must provide not justified, while assignment of seats for girls only equal opportunities to all students, without casting infringes the right to education for male students. upon students at an early age a stigma associated with the sense of belonging or not belonging to an N.C.C.D.’s Steering Board found that acts of discrim- elite category. ination were committed pursuant to Art. 2 para. 1 and Art. 11 para. 1 of the Anti-discrimination Law N.C.C.D.’s Steering Board found that acts of discrimi- and ordered an administrative sanction against the nation were committed pursuant to Art. 2 para. 1 and school by applying a fine amounting to 1,000 lei. 4 and Art. 11 para. 1 of the Anti-discrimination Law and ordered an administrative sanction against the Decision No. 320 of 24 March 2021 school by applying a fine amounting to 2,000 lei. The refusal of a school to receive a student with Decision No. 199 of 03 February 2021 special educational needs with a disability degree as a result of a transfer, a student who was awarded Establishing and assigning seats based on the gender a school counselling certificate that allows him/her criterion (exclusively for girls) in sports fields, such to participate in mainstream education, represents as the fencing section, within a school with a sports an act of discrimination. profile, represent an act of discrimination. The arguments related to the fact that the school Organizing a number of selections by applying mainly already has children with special educations, that it the gender criterion is justified in case of team-based is not possible to supplement their number in class- sports, however, in case of individual-based sports, rooms and that the extremely high effort that the 38 as is the case of fencing, the gender-based criterion is teaching staff would be subjected to is not beneficial  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT for the school, the teaching staff and the education children to the back of the classroom represent acts process, points out to the fact that disability repre- of discrimination. sented the criterion for differentiation in analysing the request for transfer filed by the student, even The statements made by the teacher in front of the if the student had received a recommendation for students represent a publicly displayed behaviour, mainstream education from the school counsellor. which is aimed at an infringement of dignity, build- ing an intimidating, hostile, degrading, humiliating N.C.C.D.’s Steering Board found that acts of discrim- environment, targeting individuals based on the ination were committed pursuant to Art. 2 para. 1, ethnic group affiliation criterion. 5 and Art. 11 para. 1 of the Anti-discrimination Law and ordered an administrative sanction against the N.C.C.D.’s Steering Board found that acts of discrimi- school by applying a fine amounting to 2,000 lei. nation were committed pursuant to Art. 2 para. 1 and Art. 15 of the Anti-discrimination Law and ordered Decision No. 824 of 17 November 2021 an administrative sanction against the teacher by applying a fine amounting to 2,000 lei. Repeated statements made by a teacher during classes, in front of Roma children, by calling names such as “Gypsy girl”, “Gypsy slum”, “stinky Gypsy”, as well as stating that children should avoid Roma people as they steal and kill, and also moving the Roma 39  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board Freedom of movement, right to freely choose a 2021 | ACTIVITY REPORT place of residence and access to public places Decision No. 668 of 15 September 2021 to commit themselves to a proper behaviour for their and Decision No. 809 of children or by creating a number of areas laid out 17 November 2021 for family/non-family-type customers, creates an unjustified disadvantageous situation for customers Enforcing a number of restrictions regarding access with minor children, with ages below the threshold inside a restaurant for minors under the age of 10, of 12 years old, respectively 10 years old. respectively for children under the age of 12 and their companions based on the reason of preventing the N.C.C.D.’s Steering Board found that acts of discrim- spread of the SARS-COV-2 virus and on the right ination were committed pursuant to Art. 2 para. 1 to select customers by virtue of Premium-type ser- and Art. 10 f) of the Anti-discrimination Law and vices aimed exclusively at adults represents an act ordered an administrative sanction by issuing a of discrimination. warning against the company and a recommendation to amend its internal rules so that a fair access to Imposing conditions on the access to services pro- such services could be provided to the public. vided to the public, based on the age criterion and for a time interval during the day, without specifically Decision No. 78 of 27 January 2021 analysing the situations, on a case by case basis, without establishing a number of specific, objective Imposing access conditions to the cinema with the 40 and justifiable criteria, e.g. by forcing the customers benefit of free of charge entry in accordance to the  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT law only in the case when a ticket is reserved by N.C.C.D.’s Steering Board found that acts of discrim- the disabled persons 5 days prior to the projection ination were committed pursuant to Art. 2 para. 1 represents an act of discrimination. and Art. 10 f) of the Anti-discrimination Law and ordered an administrative sanction by issuing a Imposing the condition to ask for a reservation warning against the company and a recommendation within a set time interval is disproportionate in to ensure equal opportunities in terms of access to relation to applying it to all persons with disabili- the services provided for the general public. ties. In case of persons with mobility impairments, the seat is awarded free of charge and assigned, Decision No. 252 of 24 February 2021 depending on availability, at the moment when the request is made. The disabled persons may Failure to accommodate the stops and lack of access ask for free of charge access and may benefit from ramps for disabled person when embarking for the such facilities without a prior reservation, to the small boats providing waterway transport, subordi- extent to which there is no need for a specially nated to the public local authority represent an act designed place inside the cinema hall, provided of discrimination. that such seats are available at the moment when the request is made. On the background of tasks entrusted by law to the local public authorities, the failure to accommodate, For the other disabled persons, there is no need for respectively to eliminate the obstacles and barriers a reservation in advance, as they can have access that the persons with mobility impairments are to any available seat inside the cinema hall, as no confronted with, the equal access to facilities and accommodation of the environment conditions is locations that are available to the general public is 41 required. hampered.  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT N.C.C.D.’s Steering Board found that acts of discrim- warning against the public local authority and a ination were committed pursuant to Art. 2 para. 1 recommendation to accommodate the ship stops and Art. 10 f) of the Anti-discrimination Law and that provide services to the public within a 6 month ordered an administrative sanction by issuing a period. Right to privacy Decision No. 274 of 03 March 2021 and regarding the lack of physical abilities from women, Decision No. 721 of 29 September 2021 in general, the lack of competence from women and their status as “slaves to the men” represent an act The statements made during a taped interview re- of discrimination, as a form of differentiation based garding the lack of professionalism of women, in on the gender criterion and resulting in an infringe- general, references made to a refusal to make business ment of dignity based on the gender criterion and with women or to discuss with women, in general or, in creating a degrading and offensive environment especially with women about politics and limiting against women. their assessment only to physical appearance, pres- ence and physical traits result in an infringement N.C.C.D.’s Steering Board found that acts