Vezi raport EN

as opposed to the creation of so-called criticism stipulated as follows: „elite schools or high-schools”. National College Z National College X (...) this agreement shall be terminated in the The NCCD Steering Board finds that the pre-uni- „Secondary education students shall cease to following cases: the overall average grade for versity education institutions do not have the follow courses in the National College X in all subjects studied falls below 8.50, the average legal right to establish by means of internal reg- the following cases: their average conduct conduct grade falls below 10, the average grades ulations different graduation grades than those grade per semester is lower than 8 (eight), for the subjects included in the national assess- established by the Framework Regulation on the the annual average grades for the subjects ment fall below 7.00.” organisation and functioning of pre-university Romanian Language and Literature or Math- education institutions, as approved by Order ematics are lower than 7 (seven), and they do The respondents showed that the establishment of the Ministry of National Education and Sci- not obtain the minimum grade 7 (seven) after of performance criteria by setting minimum av- entific Research no. 5079/2016. Such an action the re-assessment which will be conducted erage grades has reasonable, relevant and legal has discriminatory effects for students of other during the resit period.” grounds, while ensuring the right to education pre-university education institutions, which ACTIVITY REPORT | 2020 23  Examples based on case-law on findings made by the NCCD Steering Board comply with the above-mentioned Framework ensure student competitiveness in national and the act of indirect discrimination have Regulation. international competitions. been fulfilled, as provided by Ar. 2 (3) of GO 137/2000, as republished, on the The respondents have available other methods Such strict regulations which impose students prevention and sanctioning of all forms and means to enhance school performance and to obtain certain grades so as not to be expelled of discrimination. Each respondent was to have studentswith good results in national from the Colleges which were the object of the sanctioned with a fine in amount of RON and international school competitions, more claim represent a form of school segregation. 2,000. specifically, they may organise extra-curricular activities, for example subject-specific clubs. Having regard to the rationale presented above, Decision 392/2020 During such extra-curricular activities, they may the NCCD Steering Board finds no objective select students and impose standards so as to grounds, and finds that the conditions for Direct discrimination Access to public services. Non- such patients are properly equipped so as not treatment violated the rights of the claimant contagious chronic disease to be considered direct contacts and, of course, to equally benefit from medical services. so as to enable them to benefit from all services The respondent refused to provide medical enjoyed by any citizen. The respondent was sanctioned with a dental services to the claimant, on the grounds fine in amount of RON 1,000. that she is an ICU nurse in a county hospital, in Consequently, the respondent had no legal charge with treating patients infected with the grounds to deny the claimant dental services. Decision 875/2020 SARS-CoV-2 virus. The NCCD Steering Board found that the Having examined the case, we found that the claimant had been subject to a form of di- claimant did not fall under the definition pro- rect discrimination, to different treatment, vided by law, because all healthcare personnel unlawfully linked to an illness-related working in the facilities which provide care for criterion, a contagious disease, and such ACTIVITY REPORT | 2020 24  Examples based on case-law on findings made by the NCCD Steering Board Direct discrimination Access to education. Segregation In this case, the NCCD Steering Board Steering Board order that all necessary found that these are acts of discrimi- steps be taken for the school to have in The claimant claims that all nine Roma students nation pursuant to Art. 2 (4), Art. 11 (1) place and to implement an efficient de- in the 5th grade were placed in one class in the and Art. 15 of GO no. 137/2000 and the segregation plan. local school, although the anti-segregation pol- school principal was sanctioned with a icies recommend that students should be mixed fine in amount of RON 2,000, and the Decision 504/2020 in different classes, so as to prevent ethnic seg- respective County School Inspectorate regation and to ensure equal access to quality was sanctioned with a fine in amount of education for all children. RON 4,000. At the same time, the NCCD Direct discrimination Access to education. Special educational need The claimant, a non-governmental organisation, The NCCD Steering Board finds that the cir- Board finds that the state has the obligation to notices that students with special educational cumstances of children with special educational create special seats for this category of persons, as needs benefit from adapted curricula, however, needs oblige the state to adopt special measures a method to safeguard the constitutional principle they do not benefit from such accommodations for to ensure access to the fundamental right to of substantive equality. Children with special the national assessments, as they have to sit the education. Student with special needs are con- educational needs are part of an underprivileged exams in the same conditions as the students who fronted with different forms of discrimination category, the system does not provide sufficient studied the standard curriculum. The claimant in terms of access to education, starting from support personnel and, although they may have claims lack of accommodation, of affirmative kindergarten until higher education. special skills, they do not have access to quality actions which should aim at ensuring equal education and, consequently, to employment. opportunities for students with special needs in To compensate such disadvantages accu- terms of access to high school education. More mulated by children with special needs and to The NCCD Steering Board found this was specifically, the claimant provides the example ensure their access to exercise the right to high an act of discrimination pursuant to Art. of special seats for Roma students. school and higher education, the NCCD Steering 2 (1], Art. 2 (4), Art. 2 (9) and Art. 11 (1) ACTIVITY REPORT | 2020 25  Examples based on case-law on findings made by the NCCD Steering Board al GO no 137/2000 and sanctioned the methods so as to create special seats for ■■ Note – the Ministry of National Education Ministry of National Education with a children with special educational needs. implemented the NCCD decision. warning. Also, the NCCD Steering Board recommends the identification of adequate Decision 202/2020 Direct discrimination Criterion: „Disability”. The NCCD Steering Board noted that the school direct discrimination against the student Access to education did not take all necessary measures in due time with special needs, pursuant to Art. 2 so as to avoid the situation where the student (1) and (5) corroborated with Art. 15 of The claimants notify NCCD because their son, with Asperger’s would be subject to pressure GO no. 137/2000. The Board sanctioned diagnosed with Asperger’s syndrome at the age and harassment, which triggered his reactions, the respondent with a fine in amount of of 3 years old, was sanctioned by the Teachers’ which were sanctioned by the respondent. RON 1,000. Board with a written reprimand and a lower conduct grade for misconduct. The NCCD Steering Board noted that the Decision 172/202020 respondent’s action represented an act of Indirect discrimination Criterion „Other”. Access obtained an average conduct grade of at least an excessive number of absences, and not due to education. 9 throughout their high school study period. to actions contrary to moral rules. In fact, the claimant shows that for applicants The claimant shows that throughout the four Her absences had been caused by family problems who register in the admission competition organ- high school years (2005-2009) her overall av- (her mother had serious mental illness issues), ised by the Police School of Câmpina, a specific erage conduct grade was 8,75, especially due to and the claimant was the only one who was able recruitment criterion is that they should have to take care of her family at that time, therefore ACTIVITY REPORT | 2020 26  Examples based on case-law on findings made by the NCCD Steering Board she had to miss school, and both her class master As regards the justification to impose the criterion with lower conduct grades during high school and the school principal had knowledge of this of the minimum conduct grade, having regard studies was disproportionate to the goal pursued. at the time. to the specificity of police activity, and to their duties, as provided by law, we note that MAI and The NCCD Steering Board found that the The NCCD Steering Board notes that the claim, its main subordinated structures which employ act falls under the scope of Art. 2 (3) and as it was –––formulated, reveals circumstances police officers and agents should have flawless of Art. 11 of GO no. 137/2000, indirect invoked by the claimant on the alleged discrimi- conduct, behaviour and integrity. discrimination. At the same time, the nation against her due to the recruitment criteria Board recommends the respondents to imposed by the Police School, that the claimant Having analysed the material presented in the make all efforts to ensure compliance believes she had been discriminated and that she case, the NCCD Steering Board found that this with the principle of non-discrimination, requests that the recruitment criteria related to mandatory minimum conduct grade, without by analysing the special circumstances the average conduct grade of at least 9 throughout having analysed the reason why the grade was faced by a candidate with a low conduct their high school study period should be changed. lower than requested, was not an adequate and grade during high school, and to take all necessary method to assess flawless conduct, necessary steps to review the provisions For an action not to be considered discrimination, behaviour and integrity so as to pursue a police of the Regulation, within 6 months after it should be objectively justified by a legitimate career, therefore the minimum conduct grade having received this decision. goal, it should be adequate, necessary and pro- criterion did not represent a real requirement in portionate with the goal. this case, and the measure to exclude candidates Decision 475/2020 Direct discrimination Criterion „Age”. Access to employment court decision, but after she turned 65, she was denied an extension of her employment. The The NCCD Steering Board analysed a potential Steering Board noted the claimant was denied reason invoked by the respondent was that the act of discrimination committed by an employ- an extension of her employment as a research- claimant had not achieved any special results er against the claimant who was reinstated in er when she reach the retirement age. She was in the past years, while she had not longer been the position held prior to her layoff. The NCCD reinstated in the position held previously by its employee. ACTIVITY REPORT | 2020 27  Examples based on case-law on findings made by the NCCD Steering Board The NCCD Steering Board noted that the method The NCCD Steering Board noted that the sanctioned the respondent with a fine in used to assess her professional activity had not acts were discriminatory, pursuant to Art. amount of RON 1,000. been adequate and justified, and created unfair 2 (4) and to Art. 7 (a) of GO 137/2000 and treatment of the claimant. Decision 109/2020 Direct discrimination Personal dignity. Statement to discrimination on the grounds of religious Thus, the NCCD Steering Board noted faith, and the comment tried to induce the idea that the act falls under the scope of Art. Following a handball game in the junior cham- that the victory of a team was determined by the 26 (1) of GO 137/2000 and sanctioned the pionship (athletes aged 13-14 years old), the religious convictions of its members. The aggra- respondent with a fine in amount of RON website www.infobraila.ro published the article: vating element of this message was given by the 3,000 and the author of the article with „Christian team AHC defeated the Muslim team fact that the participating teams were made of a fine in amount of RON 2,000. HC Dunărea Brăila (…)”. children, and their development as athletes and future adults should not be negatively influenced Decision 847/2020 The NCCD Steering Board noted that the mes- by such remarks which had the goal to incite to sage of the article was of such nature as to racial hatred and discrimination on the grounds incite to nationalist-chauvinistic propaganda, of religious faith. Direct discrimination Criterion: „Disability”. to which a student diagnosed with Down syn- The NCCD Steering Board noted that the school Access to education. drome was limited her right to education, by the did not ensure an inclusive educational system refusal of the school to issue a new agreement at all levels, and disregarded the national and The NCCD Steering Board analysed the extent to extend her studies. international provisions which stipulate that