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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