Vezi raport EN

ard to mended that the authorities prohibit GPR No. 7 para. 13, while Article 18 discrimination by association: an- of the Antidiscrimination Law holds nounced intention to discriminate the NCCD responsible for monitor- and inciting and aiding another to ing the conformity of all laws and discriminate as per its GPR No. 7 para. administrative provisions with the 6. The authorities informed ECRI prohibition of discrimination, it does that discrimination by association not grant the latter powers to initiate is applicable through case law based proceedings before the Constitutional on the jurisprudence of the European Court concerning their constitution- NCCD | Activity Report | 2019 Court of Justice (ECJ). While ECRI ality. The possibility of bringing cases confirms this, it notes that the rest of of discrimination triggered by laws or the recommendation has not been im- ordinances before the Constitutional plemented and these gaps remain. On Court is currently assigned to the Ombudsperson (Article 146 of the Constitution). 1 https://rm.coe.int/fifth-report-on-romania-ro- manian-translation-/168094c9e7 44 Content • In this year, also, ECRI takes note of and their access to justice despite the the fact that, while the NCCD does fact that one of ECRI’s priority rec- not have legal standing to bring a case ommendations to the authorities in before the courts, it is subpoenaed the last report concerned conducting as intervening party in all cases of information campaigns about both discrimination filed directly with the the legislation on the fight against court. According to this report, this racism and the competent bodies that has contributed to straining further provide assistance and/or redress. In the already limited resources of the this respect, ECRI regrets to note that NCCD and generated a serious backlog. the authorities have still not adopted the draft ‘National Strategy on Equal- • Both the Ombudsperson and the NCCD ity, Inclusion, Diversity (2018-2022)’, lack the financial and human resources which envisages measures related to necessary to carry out their mandates awareness-raising for different target effectively. The ban on recruitment in groups as well as enhancing coordina- the public administration had a fur- tion between institutions dealing with ther negative impact (the NCCD has hate crimes, including hate speech. 64 staff out of 97 posts available) and this has resulted in reduction on their • There are several studies showing activities, in particular with respect to that intolerance and discrimination awareness-raising. ECRI recommends towards LGBT persons are widespread that the authorities allocate both in Romanian society. The opinion institutions sufficient financial and poll conducted by the NCCD revealed human resources, including funding that LGBT persons are the fifth most for awareness-raising campaigns unwanted group after persons living regarding non-discrimination and with HIV, drug addicts, persons with equality. disabilities and Roma. ECRI considers that these low numbers of cases before Discrimination-related issues in Romania reflected in international reports • ECRI mentions hate speech and its the NCCD may signify a problem of effects, as well. Although the appli- under-reporting of discrimination cable anti-discrimination legislation among the LGBT community. does not explicitly define hate speech, ECRI notes with satisfaction the reso- • ECRI welcomes the project called lute stance of the National Council for ‘Equality of LGBT persons’ which is Combating Discrimination (NCCD) in being developed by the NCCD with such cases (providing as an example a a view to improving the capacity of number of sanctions issued by NCCD). Romanian authorities to prevent and combat discrimination based on sexual • ECRI takes note of the fact that victims orientation and gender identity. ECRI of hate speech are often confused re- is of the opinion that such initiatives garding the legal safeguards as well as would be instrumental to fight the the competence of institutions - such deeply-rooted stigma and bias against as the NCCD and the law enforcement LGBT persons and to increase their bodies – to investigate their cases. social acceptance. ECRI is concerned about the rela- tively low level of awareness among • ECRI recommends that the authorities the general public about their rights allocate both institutions sufficient 45  financial and human resources, in- Access to justice cluding funding for awareness-raising campaigns regarding non-discrimina- The report mentions that about two thirds of tion and equality. EU Member States, among which Romania, as well, adopted the Victims’ Rights Directive (2012/29/EU). Advances and developments Fundamental Rights Report include, among others, improving the rights of crime victims to participate in proceedings 20192 (e.g. the victim’s right to be heard); enhancing Fundamental Rights Re- victims’ rights to financial compensation (e.g. port 2019 reviews signif- by enlarging the scope of crimes for which icant developments in financial compensation is available); and this field, by identifying facilitating victims’ rights to information the achievements, as well (e.g. through awareness-raising initiatives as the areas of interest and training). that have not been dealt with yet. In 2018, the Parliament in Romania adopted three new laws modifying existing legislation on violence against women. One introduces Antisemitism in the EU is a definition of gender-based violence to the widespread and normalised Romanian legal order; another criminalises any form of harassment, including sexual More than 70 years after the Holocaust, and psychological harassment in public or widespread antisemitism affects Jewish in private. The third law expands the defi- people in all areas of life in the EU, as nition of domestic violence to also include evidenced by FRA’s second survey on dis- psychological, physical, spiritual and social crimination and hate crime against Jews violence, and it explicitly states that religion, in the EU, which was published in 2018. culture or custom cannot justify any form The first antisemitism commissioner was of domestic violence. appointed in April 2018. In June 2018, the Romanian Parliament Country report on non- unanimously adopted the IHRA (Interna- tional Holocaust Remembrance Alliance) discrimination3 working definition of antisemitism, and Transposition and im- a bill introducing criminal sanctions for plementation at na- antisemitic acts (Law no. 157/2018 on tional level of Council some measures preventing and combating Directives 2000/43 and antisemitism). 2000/78 in Romania The country report on non-discrimination, NCCD | Activity Report | 2019 reviewing the transposition and imple- mentation at national level of Council Directives 2000/43 and 2000/78 was published in October 2019. 2 https://fra.europa.eu/sites/default/files/fra_uploa- 3 https://op.europa.eu/ro/publication-detail/-/pu- ds/fra-2019-fundamental-rights-report-2019_ blication/1ea6a084-f49d-11e9-8c1f-01aa75ed71a1/ en.pdf language-en/format-PDF 46 Content U.S. Department of State child custody, employment, credit, pay, owning or managing businesses Report on Human Rights or property, education, the judicial Practices4 process, and housing. • While the law prohibits discrimination • The report stipulat- against persons with physical, sensory, ed that NCCD is the intellectual, and mental disabilities, government institu- this remains a problem. tion responsible for • Discrimination against Roma continued applying domestic to be a major problem. Romani groups and European Union complained about police harassment antidiscrimination and brutality. Both domestic and inter- laws, which reports to the Parliament. national media and observers reported • Observers generally regarded the societal discrimination against Roma. NCCD as effective, but some criticized • Ethnic Hungarians continued to report it for a lack of efficiency and political discrimination related mainly to the independence, as well as of adequate use of the Hungarian language. resources. • The report takes note of the fact that NCCD fined employers for antiunion discrimination, although it lacks the power to order reinstatement or other penalties. In 2018 the NCCD issued fines in 19 cases involving access to employment and profession, which includes antiunion discrimination and collective bargaining agreement infringement. Discrimination-related issues in Romania reflected in international reports • Discrimination in employment or occupation occurred with respect to: gender, disability, and HIV status. Discrimination against Roma and migrant workers also occurred. With respect to employment discrimination, the NCCD processed 365 cases in 2018 and 278 in the first half of 2019. NCCD addressed cases in both the public and private sectors. • In terms of discrimination, the report takes note of the fact that women and men enjoy equal rights, however seg- regation by profession still exists, with women overrepresented in lower-pay- ing jobs. Also, women experienced discrimination in marriage, divorce, 4 https://www.state.gov/reports/2019-country-re- ports-on-human-rights-practices/romania/ 47  NCCD | Activity Report | 2019 48 Content  National Council for Combating Discrimination in media 49  Monitoring period: January-December 2019 ■■ 295 news items refer to NCCD’s activity. ■■ 95 news items refer to the activity of the President of NCCD. ■■ National media subject to monitoring: Adevărul, Cotidianul, Curentul, Curierul Naţional, Evenimentul Zilei, Gazeta Sporturilor, Gândul, G4Media, HotNews, Jurnalul Naţional, Mediafax, Newsweek, Prosport, România Liberă, Ziare.com. ■■ NCCD was most often mentioned in: HotNews, Adevărul and Evenimentul Zilei. The most significant articles published by the media in 2019, referring to our institution’s activity, were the following: Olguţa Vasilescu, sanctioned for her discriminatory statement against President Iohannis The National Council for Combating Discrimi- for her statement, „as a German, to discuss nation issued a warning for Olguta Vasilescu about gassing required a lot of guts”, made (the Minister of Labour at that moment) in respect of President Klaus Iohannis. Radu Banciu sanctioned for his statements against Serena Williams The National Council for Combating Dis- court”, made by Radu Banciu, represents crimination found that the statement “Ser- discrimination and an infringement of the ena Williams looks like the monkeys at the right to dignity. Thus, NCCD applied a fine Zoo, with their red bottom. If you put some amounting to 8,000 lei against the TV trousers over that bottom, it looks exactly producer. as Serena Williams looks like on the tennis NCCD | Activity Report | 2019 Kindergarten and kindergarten teacher fined for moving a girl suffering from autism to another classroom during a school inspection The National Council for Combating Dis- spectrum disorder was locked in an empty crimination applied a fine amounting to classroom during a school inspection. The 1,000 lei against a kindergarten in Bucha-