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Document colectat · Rapoarte privind nediscriminarea

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Rapoarte privind nediscriminarea
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nization and operation 33 of NCCD, the organizational chart, tasks, the procedure for processing petitions, sanctions issued, programmes organized for the purpose of preventing and combating discrimination as well as the procedure for challenging the NCCD decisions in court proceedings. Also, during their internship, the students had the opportunity to attend the court sessions next to the NCCD legal counsel in those case file whose subject was the repeal of NCCD decisions. Some practical exercises were organized during the internship, so that the students raise their awareness on the negative effects of discrimination. By the end of the internship, the participating students were handed over practical internship certificates from NCCD, by the Legal Affairs Department, which represent a proof that they manifested an interest in the activity of the institution, that they complied with the practical training schedule and the indi- cations provided by their trainers, that they studied the recommended materials and that they asked for further information in order to grasp the complexity of the phenomenon of combating discrimination. NCCD | Activity Report | 2019 34 Content Prevention of discriminatory actions 35 SUMMER SCHOOL – RISK GROUPS AND SOCIAL SERVICES. RIGHT TO NON-DISCRIMINATION 11th edition The 11th edition of the Summer School was young professionals aiming at a career in organized in Mamaia resort, Constanta the social sector and also other categories county, in cooperation with Carusel Asso- of young people in other areas of education, ciation, for a target group made up from for a better understanding of the vulnerable 40 Bachelor and Master’s degree students groups status, in order to encourage a posi- in sociology, social assistance, psychology, tive attitude and to acquire information and pedagogical psychology, pedagogy, medical knowledge to be used for an improvement in sciences, as well as from fields of study the quality of life for marginalised persons. such as political sciences, journalism, communication, public administration, This project contributed (from a strictly law, biology, chemistry or theology. technical perspective, but also in terms of an improvement of general and individual The purpose of the project was to help im- mindsets) to the vocational training of par- proving the quality of life for vulnerable and ticipants which should result, in the future, marginalised groups by capacity building for in an enhanced employability (in the social, young professionals able to provide support political, administrative, legal, economic, services and to ensure the implementation health sectors etc.) and it would bring about of the right to non-discrimination. a number of improvements in the support services aimed at vulnerable groups. More- The “Summer School - Risk Groups and over, they will be able to determine a change Social Support Services. Right to non-dis- in attitude also among their families, friends crimination” - 11th edition represented a con- and co-workers, which should translate into tinuation of NCCD efforts made for training a larger scale change of mindset. Literary creation and painting competition “Equality and non-discrimination” 12th edition Already a traditional form of cooperation was organized in April-October 2019 and between the National Council for Combating promoted by 22 lower secondary schools Discrimination, the “Dimitrie Cantemir” and high schools in Bucharest, as well as in Christian University, Bucharest, the European other counties (Constanţa, Timiş, Giurgiu, NCCD | Activity Report | 2019 Centre for Promoting Non-Discrimination Dâmboviţa, Ilfov), through leaflets, posters and Equal Opportunities - NEDES 2014+ and and fliers distributed by the members of the the Bucharest City School Inspectorate, the research team. project “Promoting the right to non-dis- crimination and equal opportunities in The target group was made up of students pre-university education in Bucharest with ages ranging from 6 to 19 years old, while – Equality and non-discrimination”, the main activities were: raising awareness 36 Content on this competition in lower secondary among students on human rights, on the schools and high schools in Bucharest and principle of equal opportunities and on the in the country, selection of the best literary right to non-discrimination. works in order to be published as part of one collection, selection of the best drawings The drawings awarded with a prize were in order to be published in a desk calendar published in a 2019-2020 desk calendar, for 2019-2020 and awarding prizes for the bearing both the project title, as well as the best works. names of partner-institutions, while the other creations participating to this competition This literary creation and art competition were published in a collective work entitled was supported by NCCD with the purpose “The magic of good thoughts. of increasing awareness and information International Conference on Non-Discrimination and Equal Opportunities – NEDES 13th edition The issue of non-discrimination and equal Developing the knowledge and understanding opportunities represents nowadays an im- capacity for the principles of non-discrim- portant human rights basic principle. The ination and equal opportunities between research and development project “Methods women and men, as well as between various for promoting principles of non-discrim- other categories. ination and equal opportunities in the current Romanian society” - 13th edition Developing the knowledge and understand- brought together the National Council for ing capacity for citizenship principles and Combating Discrimination in a partnership values: equal opportunities, tolerance, with “Herastrau” Lower Secondary School non-discrimination. and the European Centre for Promoting Non-Discrimination and Equal Opportu- Capacity building in implementing the prin- nities - NEDES 2014+. ciples of equal opportunities in areas such as law, economy, society, education, politics, Cooperation objectives: entrepreneurship etc. NEW HUMAN RIGHTS REVIEW Prevention of discriminatory actions Cooperation between the Centre for Interna- This improved cooperation is due to the tional Studies and the National Council for beneficial impact that publishing such ma- Combating Discrimination continued also terials proved to have over society, as well as during 2019 through a quarterly publication over our own institution, thus capitalizing in the “New Human Rights Review” of articles on the experience acquired in the area of on combating discrimination, promoting the human rights, prevention and combat against principle of equal opportunities, NCCD case- discrimination. law, studies and other specialised materials. 37 NCCD | Activity Report | 2019 38 Content Projects implemented with external funding 39 “Partnership for equality of LGBTI persons” The project implement by the ACCEPT the training sessions for professionals (is- Association in a partnership with the Na- sued that they are confronted during their tional Council for Combating Discrimina- daily activities, gaps in terms of information tion (NCCD), “Partnership for equality of and training sessions etc.), and also on a LGBTI persons in the EU, NCCD developed literature review including the obligations a checklist on the duties that the Romani- that are relevant for human rights Family an state must abide by in order to ensure protection and protection against hate crime. protection against LGBTI discrimination Also, a number of awareness raising actions occurring in employment, financed from were undertaken among general population the Rights, Equality and Citizenship 2014- in respect of observance of rights included 2020 programme of the European Union” in the LGBTI group. was continued in 2019, and it ended on 31 December 2019. Based on best practice identified during the mutual exchange of information and knowledge with the European experts, as well as based on the lessons learned during NCCD | Activity Report | 2019 40 Content 10 years of implementing the EU Framework Decision on racism and xenophobia in Romania: challenges and new approaches regarding hate crime actions” – NoIntoHate2018 In 2019, the National Council for Combat- The sessions were delivered by NCCD and ing Discrimination, in a partnership with IPP experts, as well as by a European expert the Institute for Public Policies, continued in the area of hate crime and they included the implementation of the NoIntoHate2018 presentations of general non-discrimination project financed from the Rights, Equality concepts (forms of discrimination, sanctions, and Citizenship 2014-2020 programme of procedures for filing claims and processing the European Union. In August-December them), the national and European legislation 2019, 8 training sessions were organized and the CJEU and ECHR case law on hate (2 for police officers, 1 for gendarmes and 5 crimes, the practical level of involvement for magistrates), including a number of 94 of law enforcement agencies in evaluating, persons, while in January-February 2020, 4 recording and populating a database on hate more training sessions were to be organized crimes, as well as practical information on how (1 for gendarmes and 3 for magistrates), for hate turns into a crime (reasons, substantial another 50 persons. elements and methods for identification). The projects has an overall budget of: 242,840.51 EUR Projects implemented with external funding 41 NCCD | Activity Report | 2019 42 Content Discrimination-related issues in Romania reflected in international reports 43 E.C.R.I. Report on Romania the other hand, article 2 (2) of G.O. no. 137/2000 prohibits ordering someone (fifth monitoring cycle)1 to discriminate. ECRI notes that the ECRI (European Commission against terminology might generate confusion Racism and Intolerance of the Council as the wording used in Romanian is of Europe) published on 5 June 2019 ‘order’, hence, implying a hierarchical its report on Romania (fifth moni- position, and not ‘instruction’, which toring cycle). In the framework of its has a wider application. The authorities statutory activities, ECRI conducts brought the case law of the National country monitoring work, which Council for Combating Discrimination analyses the situation in each of to ECRI’s attention, which confirms the member States of the Council of Europe that the term is interpreted broadly regarding racism and intolerance and draws in order to avoid limiting the prohibi- up suggestions and proposals for dealing tion of discrimination to hierarchical with the problems identified. During this relations. exercise, ECRI’s country monitoring deals with all member States of the Council of • ECRI takes note of the fact that Ro- Europe on an equal footing. The work takes manian legislation provides for easily place in 5-year cycles, covering 9-10 coun- accessible judicial and/or administrative tries per year. proceedings, including conciliation, in discrimination cases, while victims The fifth round country-by-country reports of discrimination may apply to the focus on four topics common to all member relevant state body, the NCCD, the States: (1) Legislative issues, (2) Hate speech, People’s Advocate Ombudsperson (3) Violence, (4) Integration policies and a (hereafter the Ombudsperson) or the number of topics specific to each one of them. court. These provisions are in line with recommendations in ECRI’s GPR No. We submit below the findings and recom- 7, para. 10 and 12. mendations issued by ECRI in respect of NCCD activity: • Article 27 (4) of the Anti-discrimina- tion Law shifts the burden of proof, as • In its previous report, ECRI recom- per GPR No. 7 para. 11. With reg
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