Vezi raport EN

2017 ACTIVITY REPORT  2017 Activity Report  TABLE OF CONTENTS Foreword 5 Statistics on the total number of petitions received by N.C.C.D. and the resolution activity carried out in 2017 7 Distribution of petitions received in 2017 by area of origin 9 Situation of fines in 2017 10 Distribution of petitions received by N.C.C.D. during 2002-2017 12 Distribution of files in 2017 on the discrimination criteria 13 Distribution of files in 2017 on the field of discrimination 14 Resolution activity in 2017 15 The admission solutions according to the discrimination criteria in 2017 16 The admissions solutions according to the discrimination fields in 2017 17 Amount and number of fines in 2017 20 Legal representation of the interests of the Romanian National Council for Combating Discrimination 21 Examples of the Council Steering board's case laws 39 Prevention of all forms of discrimination 57 The issue of discrimination in Romania reflected in the international reports 65 Representing Romania at an international level 73 National Council for Combating Discrimination in the written press 85 Financial and personal data 89  FOREWORD T he National Council for Combating Discrimination fulfilled its legal duties in 2017 as a guarantor of the observance and application of the principle of non-discrimination in accordance with the domestic legislation in force and with the international docu- ments to which Romania is a party. Its activity followed the direction of preventing and combating discrimination through acti- vities that implied promoting and educating members of society, respectively by solving the complaints registered with the Council, issuing specialized points of view to the courts and on contentious and administrative matters. The promotional activities aimed at introducing the principle of non-discrimination into the organizational culture of society through specific actions, such as: training courses for key professional categories of the society, campaigns in educational institutions or public communication activities. In the year ended, the Strategy for Prevention and Combating Discrimination project was finalised and stands to be promoted and adopted at the govern- ment level. The number of complaints and rulings adopted by the Council has remained constant. The criteria for discrimination were age, disability and ethnicity and the areas concerned viola- ting the principle of equality in access to work, education and services. Hate speech and in- citement to hatred remain permanent challenges in society and are reflected in the adopted rulings. Through its work, the Council has demonstrated equivalence and independence specific to an equality institution. Maintaining this requirement remains a target for our future work. We hereby offer our gratitude to the people who work in this institution, to the citizens, non-governmental organizations and domestic and international public institutions for the partnership relation we had in the year-ended. We recommend this report for a critical and constructive analysis in order to improve our work. Activity Report 2017 5  Statistics on the total number of petitions received by N.C.C.D. and the resolution activity carried out in 2017 Activity Report 2017 7  Distribution of petitions received in 2017 by area of origin 7% Rural Urban 93% Activity Report 2017 9 Situation of fines in 2017 10  NORTH - WEST NORTH - EST CENTER WEST SOUTH-WEST OLTENIA SOUTH MUNTENIA SOUTH-EST BUCHAREST ILFOV BUCHAREST/ILFOV Activity Report 2017 11 7  Distribution of petitions received by N.C.C.D. during 2002-2017 CRITERIA 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Sexual 1 5 6 9 6 7 6 6 4 8 3 13 9 3 8 17 orientation HIV infection 0 1 15 10 5 3 7 1 3 1 5 4 3 4 4 8 Language 0 2 1 2 2 7 11 13 16 10 43 38 27 27 25 12 Beliefs 4 12 23 19 8 10 14 13 4 2 15 14 13 4 20 6 Religion 2 9 9 11 8 12 15 6 6 5 5 11 18 14 7 12 Disadvantaged 2 0 10 6 4 26 22 9 7 14 10 13 25 26 5 2 category Age 6 11 14 17 10 10 24 10 9 16 5 18 21 22 31 31 Gender 3 14 13 9 11 22 32 9 18 15 21 31 46 28 29 19 Nationality 1 12 21 39 20 39 54 28 42 33 49 61 49 36 30 64 Disability 3 31 18 21 20 70 55 49 38 42 45 42 57 56 83 74 Ethnicity 34 66 45 85 69 82 62 62 54 62 61 66 42 61 81 53 Other 52 184 108 61 132 32 159 96 83 81 69 121 127 147 194 114 Race 0 0 1 1 2 0 0 2 1 0 0 3 2 1 3 2 Social 26 126 63 90 132 514 372 222 193 175 211 414 328 318 314 258 category TOTAL 134 473 353 382 432 836 837 528 478 465 548 858 776 752 842 682 12  Distribution of files in 2017 on the discrimination criteria 2 Non-contagiou 114 Sexual orienta HIV infection Language 53 Convictions 258 Religion Disadvantaged 74 Age Gender Disabilty 64 2 Handicap Non-contagious 17 disease 19 12 Etnicity 114 31 12 Sexual orientation HIV infection Others Language 10 Race 53 Convictions Social category 258 6 8 2 Religion Disadvantaged category 74 Age Non-contagious disease Gender Sexual orientation Disabilty 64 HIV infection Handicap 17 Etnicity 19 31 Language 12 12 Convictions Others 258 Religion 10 Race Disadvantaged 6 8 category Social category 2 Age Gender Disabilty Handicap 17 Activity Report 2017 13 12 Etnicity Others Race  Distribution of files in 2017 on the field of discrimination 51 27 27 6 Access to employm 144 Access to public ser Personal dignity 273 Access to education Aceess to public pla Others 154 Access to housing 27 6 Access to employment and profession Access to public services Personal dignity 273 Access to education Aceess to public places Others Access to housing 14 Resolution activity in 2017 Activity Report 2017 15 The admission solutions according to the discrimination criteria in 2017 16  The admission solutions according to the discrimination fields in 2017 Activity Report 2017 17  Criterion / Fine Recommendation Warning Monitoring Publication Total Findings of 2017 judgments summary non- 1 1 contagious chronic disease Sexual 2 2 2 1 orientation Language 1 7 14 2 12 Beliefs Religion 2 1 2 3 Disadvantaged 1 category Religion 3 3 2 Gender 4 2 3 4 Nationality 10 2 2 3 Disability 13 9 5 5 Ethnicity 13 3 3 5 Other 5 6 6 1 3 Social 11 10 12 2 category HIV infection 1 1 Race Total 65 47 51 3 40 18  Criterion / Total Fine Recommendation Warning Monitoring Publication Findings 2017 of judgments summary Access to employment 18 16 14 1 4 and profession Access to education 9 6 1 2 Access to housing 2 1 1 2 Access to public places 6 2 1 Access to Public 11 14 17 2 18 Service (TOTAL) Administrative 6 12 15 2 15 Banking 2 2 Health 1 1 Transport 1 1 Legal Restaurant 1 1 Hotel 1 1 Other 1 Personal dignity 18 10 16 13 Total 65 47 51 3 40 Activity Report 2017 19 Amount and number of fines in 2017 1 50 000 lei 1 20 000 lei 2 10 000 lei 1 8 000 lei 1 7 000 lei 10 5 000 lei 6 3 000 lei 23 2 000 lei 20 1 000 lei 0 5 10 15 20 25 20  Legal representation of the interests of the Romanian National Council for Combating Discrimination C onventional assistance and representing the interests of the National Council for Combating Discrimination, both as regards procedural litigations, the object of which is circumscribed to the legality and righteousness control applied to the decisions of the Steering board and in general, is provided by the Legal Service, Contentious and Con- tracts Legal Directorate of the Council. Exceptionally (contextual and optional), and following the express request of the N.C.C.D. ’s President, the activity of representing the interests of the Council in courts can be assured, when it comes to matters of discrimination, also by those members of the Steering board licensed in legal sciences. As ruled by the provisions of Article 20 of Government Ordinance no. 137/2000R, in con- junction with the provisions of the “Internal resolution procedure for petitions and refer- rals” published in the Official Gazette, Part I no. 348 of 06.05./2008, adopted on the basis of Article III, par. 1 - Chapter IV of Government Ordinance no. 137/2000R, petitions claiming discrimination facts are settled by the Romanian National Council for Combating Discrim- ination which issues “rulings” – administrative and jurisdictional documents. The legal matters of the above-mentioned petitions are settled within an administrative and jurisdictional framework following a specific procedure which incorporates the core features of the special administrative jurisdiction: the replaceable and free nature of the jurisdiction, the functional independence of the jurisdictional authority, ensuring the right to defence and the guarantee of contradictory. The examination of legality and solidity underlying the decisions of the Steering board of N.C.C.D. falls within