Vezi raport EN

ice during epidemics The claimants notified NCCD after the Agree- Easter in isolation, without physical participation and to establish how the other recognised reli- ment to establish certain measures for Easter in the religious services, and complied with all gious denominations may conduct their religious celebration in 2020 was concluded between the the restrictions imposed by the state of emer- service or may celebrate, given the exceptional Ministry of Internal Affairs (hereinafter called gency declared in Romania. Thus, Romanian context of the pandemic. MAI) and the Romanian Orthodox Church Christian Orthodox citizens could benefit from (hereinafter called BOR), on 14.04.2020, as both support from all forces coordinated by MAI Also, the NCCD Steering Board noted that the the provisions and the effects of the Agreement during the state of emergency, which carried out establishment of such measures had a legitimate were considered discriminatory by breaching joint actions during the Easter holidays in 2020, goal, because it targeted religious practices and the rights of the citizens who belong to other while the citizen of other religious denominations compliance with the rules imposed due to the religious denominations recognised by law. celebrated in isolation, in compliance with the pandemic, without applying more favourable military ordinances provisions, and did not enjoy rules or privileges under the general restric- The NCCD Steering Board noted that the provi- equal treatment by authorities. tions imposed by the state of emergency. The sions of the Agreement represented an exemption Romanian State did not conclude a similar from the rules imposed by the state of emergency The NCCD Steering Board noted that, although agreement with the representatives of other ACTIVITY REPORT | 2020 34  Examples based on case-law on findings made by the NCCD Steering Board religious denominations, introducing a more the pandemic was concluded only with respondent with a warning and recommended favourable regime for the Christian Orthodox the Romanian Orthodox Church and the that in the future it should respect the obligation denomination, so as to facilitate liturgic practice lack of an agreement on the participation of equidistance towards all religious denomina- despite de epidemics. to Easter celebrations in 2020 with all tions recognised in Romania and to establish Christian denominations recognised by non-discriminatory rules in the exercise of the The NCCD Steering Board noted that law is discrimination pursuant to Art. 2 right to freedom of conscience. there was not objective justification, that (1) and to Art. 2 (4) of GO no. 137/2000. and fact that such an agreement on the Decision 684/2020 organisation of Easter celebrations during The NCCD Steering Board sanctioned the Direct discrimination Criterion: „Disability”. Access different treatment of the blind persons. Thus, 2 (1) and to Art. 10 (d) of GO 137/2000 and to banking services. the claimant should have been allowed to use the sanctioned the respondent with a fine in screen reader so as to understand the agreement amount of RON 10,000. The claimant, a blind person, notifies NCCD he and the annexes to the agreement, as he was was denied a loan to purchase products due to blind, therefore he should have been treated Decision 671/2020 his disability, and was requested to present a different from other persons. The solution to power of attorney empowering a third party to require the claimant to provide a power of at- represent him, although he was accompanied by torney empowering a third party to conclude the his wife, his carer, and also has screen reader loan agreement and its annexes is in breach of equipment. the provisions of the Convention on the rights of persons with disabilities, ratified by Romania Having analysed the case, the NCCD Steering through Law no. 221/2010. Board noted that the Internal Regulations of the bank are leading to The NCCD Steering Board noted that the act was discriminatory, pursuant to Art. ACTIVITY REPORT | 2020 35 Activity of the Case File Investigation Department ACTIVITY REPORT | 2020 36  Activity of the Case File Investigation Department Pursuant to the provisions of Art. Department received and com- • 2 in the South-East Region the case files investigated, both 41 (1) of the Internal Procedure for municated the above-mentioned (Galați County 2), natural and legal persons were solving claims and notifications documents by delivering them to • 5 in the South Muntenia Re- complained against. “The case file coordinator, having the residence/headquarters of the gion (Argeș County 1, Prahova studied the claim and the evidence parties which could not acquire County 1, Dâmbovița County attached to it, shall issue a resolu- them, through the Romanian Post 2 and Ialomița County 1), tion to initiate the investigation, Services or a different communica- • 4 in the North-East Region The discrimination criteria iden- as appropriate”. Thus, the case file tion channel. (Iași County 1, Neamț County tified in the case files investigated subject to investigation, accompa- 2, Suceava County 1), are as follows: disability 7 (26%), nied by the resolution of the case • 2 in the South-West Oltenia ethnicity 3 (11%), professional cat- file coordinator, is submitted to the Statistics on the case files Region (Olt County 1 and Gorj egory 3 (11%), nationality 2 (7%), Case File Investigation Department investigated in 2020 County 2) and motherhood 2 (7%), gender 1 (4%), of the Assistance Department, so • 4 in the Centre Region (Covas- social category 1 (4%), language 1 as to check any unclear aspects In 2020, the NCCD Steering Board na County 2, Brașov County (4%), no criterion 7 (26%). and to collect information, witness allocated 27 case files to the Case 1, Sibiu County 1). statements and evidence necessary File Investigation Department. 29 The investigations conducted in to solve that claim. After having investigations were performed Of the total number of 27 case 2020 entailed discussions with 173 performed this inspection, the pursuant to the resolutions of the files investigated, in 23 case files persons, an average of approximately investigation team draft an in- case file coordinators, so as to (79% of the total) the alleged act of 6 persons/investigation. Of them, vestigation report, attaching the fulfil the inspection goals (some discrimination happened in urban 51 persons were in Bucharest and documentation identified during case files required several trips), settings, and in the other 6 (21% of Ilfov County and 122 persons across the inspection. as follows: the total) in rural settings. the country. In 2020, in order to comply with • 11 in the municipality of In 16 of the case files investigated the procedure for communicating Bucharest and in the Ilfov (53% of the total), the respondent summons and decisions issued by County, was a legal person, and in 14 case the NCCD Steering Board, the mem- • 1 in the North-West Region files (47% of the total) the claimants bers of the Case File Investigation (Cluj County 1), were natural persons. In three of ACTIVITY REPORT | 2020 37  Activity of the Case File Investigation Department Suceava 1 Iași Bucharest / Ilfov 1 35 Neamț Cluj 2 29 1 11 28 21 Sibiu Covasna 1 Brașov 1 Galați 1 2 14 11 Argeș Gorj 1 Prahova 7 1 2 1 Dâmbovița 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Ialomița 1 0 v ş ov na uj ţa ţi rj iţa şi ţ t a u a al am Ol ge lfo ov av bi la Go Ia t Cl vi aş s m To Olt Ga Si va ce