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Document colectat · Rapoarte privind nediscriminarea

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Rapoarte privind nediscriminarea
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diversity and protection of human rights, coupled with those of traditional partners, have materialized through a series of effective collaborations, hoping that they will continue in the years to come. „ The New Journal of Human Rights” The collaboration between the Centre for International Studies and the National Council for Combating Discrimination continued this year by quarterly publishing in the New Journal of Human Rights materials on anti-discrimination, the promotion of the principle of equal opportunities, the N.C.C.D. ’s jurisprudence, studies and other articles on the matter. Continuing collaboration is due to the beneficial impact that the publication of these ma- terials has been shown to have on society but also on our institution, thus highlighting our experience in human rights, preventing and combating discrimination. „Summer school 9th edition” „ Risk Groups and Social Support Services. The right to non-discrimi- nation” The purpose of this annual project is to improve the lives of vulnerable and marginalized groups by increasing the capacity of young professionals to provide support services and Activity Report 2017 59 ensure the implementation of the right to non-discrimination. Among the objectives of the project we count increasing students’ / master graduates’ ability to understand the dynam- ics of vulnerable and marginalized groups in order to act accordingly and sensitize young people to adopt a positive and active attitude to improve the quality of life of disadvantaged people. The beneficiaries of the project were 40 people, both employees of N.C.C.D. as well as students and master students in sociology, social sciences, psychology, journalism, com- munication, public administration, law, biology, chemistry and theology. The project ran from July 10 to July 16 in the Saturn resort, during which the participants had the opportunity to join and work in informative workshops on: respect for human rights, discrimination and anti-discrimination policies in Romania, drug use and commercial sex (prostitution), HIV pre / post counselling and HIV testing, feminism, LGBTQ, social assistance for homeless adults, the legal framework of social support services addressed to risk groups. At the “Summer School”, the participants developed their understanding of vulnerable and marginalized groups and managed to find ways to intervene in this area (support programs, anti-discrimination campaigns, social reintegration programs). Considering the feed-back received, it is desirable to continue the project in 2018, to develop it on a larger scale by making permanent the informing-educating actions by strengthening the partnership that will create a tradition in the relationship between the National Council for Combating Discrimination, Carusel Association, Faculty of Sociology and Social Assis- tance, National College of Social Assistance in Romania, APADOR-CH, Anti-drug Brigade, ANA, National Council for Elimination of Discrimination and Equality Assurance - Moldova. Contest of literary creation and drawing „ Equality and non-discrimination” – 10th edition There were 27 schools, 223 literary works and drawings, 84 winning works, 28 prizes, 25 type II awards, 26 type III awards and 55 mentions. The Literary and Drawing Contest - “Equality and Non-Discrimination” by N.C.C.D. in part- nership with the “Dimitrie Cantemir” Christian University of Bucharest and the School In- spectorate of Bucharest under the research and development project “Promoting the right to non-discrimination and equal opportunities at the pre-university education in Bucharest” was aimed at: 1) Developing the ability to know and understand the principles of non-discrimination and equal opportunities; 2) Developing the capacity to understand the notion of subjective right; 3) Developing the capacity to apply the principles of non-discrimination and equal opportunities in all areas; 4) Stimulate interest in engaging in the process of promoting the principles of non-dis- crimination and equal opportunities. The contest took place in 6 stages and addressed pupils aged 6-19 years, encouraging them to appreciate the artistic inspiration for promoting the right to non-discrimination and equal opportunities. In the first stage the contest was popularized on the N.C.C.D. ’s and “Dimitrie Cantemir” Christian University’s websites but also through interactive courses and semi- nars within the participating schools. Then the stages of receiving and evaluating works and drawings followed and the best works were finally awarded, with literary works being pub- lished in the “Equality and Non-discrimination” paper and drawings in an office calendar for 2016, materials that will be distributed to participating students and not only. All creations participating in the contest (except drawings) were published in a volume titled “Buds of Hope ...”. The award-winning drawings were published in an office calendar 2017-2018, engraved with both the name of the project and the names of the partner institutions. Drawings that have not been awarded have also been published in the calendar, and their authors have received a degree certificate and a calendar. Seminar on “Coordination of the National Response and Prevention of Discrimination - Models of Good Practice” 2nd edition Following the Partnership Agreement no. 23.380 dated 02.10.2017 concluded with the Carusel Association, the National Council for Combating Discrimination held the seminar on “Coordination of the National Response to Combating Discrimination - Good Practice Models”, 2nd edition, project held between 08-10.12 .2017, within Eden Hotel Complex, located in Predeal, Brasov County. The purpose of the project was to exchange information and experience on policy-making in the field. Representatives of N.C.C.D. provided specialized information and practical examples on preventing and combating discrimination, as well as exemplifying ways to address such sit- uations. Representatives of the Carusel Association presented the measures implemented by the Civil Society in support of disadvantaged and vulnerable groups, providing specialized information and practical examples on preventing and combating discrimination, as well as exemplifying ways to address such situations. The objective of the project was to develop the capacity to improve the management of dis- crimination cases in the counselling process of petitioners belonging to vulnerable groups throughout the petitions process from the point of view of the victims of discrimination, and the themes presented included: the evaluation of the cases regarding the discrimination of the groups vulnerable (case study “Ferentari District”); case analysis on homelessness: stig- ma and marginalization; support services for children from vulnerable groups. (case study: “Obor Community Center”); Assessing cases of HIV / AIDS discrimination - a friendly ap- proach; identifying public policies together with civil society to effectively combat discrimi- nation. Activity Report 2017 61 ”15 years of non-discrimination in Romania. Jurisprudence and developments” Between 28 and 31 March 2017, the National Council for Combating Discrimination orga- nized the Non-discrimination Training Seminar within the project “15 years of non-discrim- ination in Romania. Jurisprudence and developments “. The target group consisted of 25 magistrates from different courts, prosecutors, HCCJ, NIM, SCM, Ministry of Justice and DIOCT. During the 3 days of the seminar, topics such as stereotypes and prejudices, types of dis- crimination and exceptions to discrimination, sanctions, hate speech and hate crimes, do- mestic and international law, national jurisprudence, ECHR and CJEU, as well as procedure complaint handling were approached. The sessions took place in an interactive format during Power Point presentations, with the participants having the opportunity to discuss the various real situations, giving examples from the practice of the N.C.C.D. and the courts. After the session participants received emails and other non-discrimination materials. Between 23-26 May 2017, the National Council for Combating Discrimination organized the second non-discrimination training seminar within the project “15 years of non-discrimina- tion in Romania. Jurisprudence and developments “. This time, the target group consisted of 25 persons from the General Inspectorate of the Ro- manian Police (Public Order, Criminal Investigations, Crime Investigation and Crime Pre- vention, IPJ), the General Anticorruption Directorate, the Gendarmerie and the Institute for Studies for Public Order. During the courses, the participants received information on stereotypes and prejudices, types of discrimination and exceptions to discrimination, sanctions, complaints procedure, domestic and international law, national jurisprudence, ECHR and CJEU. A distinct chapter was the analysis of hate speech and hate crimes with concrete examples from the case law of the Council and the courts. Participants asked questions about how to respect human rights and non-discrimination in research, detention or arrest procedures. ”International Conference on Non-discrimination and Equal Opportu- nities - N.E.D.E.S.” 11th edition International Conference on Non-discrimination and Equal Opportunities - N.E.D.E.S. was organized by the National Council for Combating Discrimination in partnership with the “Dimitrie Cantemir” Christian University and the Commission for Human Rights, Cults and Problems of National Minorities within the research and development project “Ways to Pro- mote the Principles of Non-Discrimination and Equal Opportunities in the Current Society”. The event, reached at the 11th edition, has set the right framework for the meeting and the 62 exchange of ideas of the specialists in the field, as well as the observation of the way in which the principles of non-discrimination and of equal opportunities are respected in the Roma- nian and international society. Organized for the first time in 2007 on the occasion of the European Year of Equal Opportu- nities for All, the conference has grown in popularity from year to year and has gained an in- ternational name by making it possible to highlight interdisciplinary and multidisciplinary research through the involvement of experts in the field human rights, but also students who are keen to learn. The Conference on Non-Discrimination and Equal Opportunities - NEDES 2017 has achieved its goals, both by attracting a large number of works from all areas of activity and by an im- pressive number of interested people. It should be noted that the Facebook page of the Con- ference was visited by more than 5026 people, which proves an increased visibility of both the conference itself and the project partners. Activity Report 2017 63 The issue of discrimination in Romania reflected in the international reports 1. FRA – Second survey regarding minorities in the European Union and discrimination (EU-MIDIS II) Roma –main4 results In December 2017, the FRA published the second EU minority survey and Roma discrimi- nation (EU-MIDIS II) - main outcomes. The results of the second FRA Survey on Migrants and Minorities - EU-MIDIS II - published in December 2017, are striking and frustratingly persistent. Seventeen years after the adoption of EU laws prohibiting discrimination, immi- grants, descendants of immigrants and ethnic minority groups continue to face widespread discrimination throughout the European Union and in all areas of life - most often looking for a job. The results show little progress compared to eight years ago when the first survey was con- ducted: the proportions of those who face hatred and discrimination and those who do not know the relevant legislation remain at a worrying level. Harassment and hate violence The Roma in Romania (40%) often indicated that the perpetrator had a different ethnic minority than their own. A relatively large proportion of respondents who were stopped by the police in the five years prior to the survey believe that this is due to their ethnicity (42%). Frequency of discrimination experiences The results regarding discrimination on access to health show that on average it is mostly felt by Roma respondents (8%), in Romania (12%). Reporting discrimination A look at the Member States reveals some relatively prominent gender differences. In some countries, women who are victims of discrimination report more often than men, but men report more often in Romania (men: 14%, women: 8%) and the Czech Republic (men: 18%, women: 13%). Extending the perceived ethnic profile among those stopped by the police A relatively large proportion of respondents who were stopped by the police in the five years prior to the survey believe that this is because of their belonging to an ethnic minority or being an immigrant. In Romania, among the Roma respondents who have been stopped, the perceived ethnic profile rates are higher than the average of the aggregate group. 4 http://fra.europa.eu/en/publication/2017/eumidis-ii-main-results Activity Report 2017 67 2. Opinion IV of the Advisory Committee of the CoE Framework Convention for the Protection of National Minorities 5 The latest Council of Europe (CoE) GRECO (Group of States Against Corruption) report was published on February 16, 2018. GRECO is an anti-corruption body of the Council of Europe that seeks to improve the abil- ity of Member States to fight corruption by monitoring their compliance with anti-corrup- tion standards. The findings are based on the information contained in the Fourth Statement submitted by the authorities on 1 February 2016 and on the information obtained by the Advisory Committee in governmental and non-governmental contacts during the visit to Bucharest, Cluj-Napoca, Suceava and Constanta in April 3-7, 2017. The reading of the IV Opinion shows that the Romanian authorities have made efforts to promote minority culture and education, but the existing legislation regulating different as- pects of the protection of national minorities is disjointed, fragmented, full of grey areas and open to contradictory interpretations. There isn’t yet a coherent policy guaranteeing access to minority rights, and respecting the rights of persons belonging to national minorities varies according to local conditions and the goodwill of municipal or regional authorities. The report notes the persistence of negative attitudes and prejudices against Roma and an- ti-Hungarian sentiment. Despite the ruling of the National Council for Combating Discrim- ination, Judgments and Statements of Authorities, racist incidents continue to be reported. Below are the findings and recommendations found in the GRECO report on N.C.C.D. ‘s activity: ► Article 4 of the Framework Convention, the evolution of legislation and policies on na- tional minorities, allocates space to preventing and combating discrimination by talking about the National Council for Combating Discrimination (N.C.C.D. ), which it states that it was founded in 2000, actively countered discrimination, initiating procedures on their own initiative, as well as investigating complaints filed by natural and legal persons. The principle of reversing the burden of proof in the courts and the N.C.C.D. was rein- forced in March 2013 by a law stating that a petitioner “will have to submit facts” instead 5 https://rm.coe.int/fourth-opinion-on-romania-adopted-on-22-june-2017/168078af76 68 of “proof, indirect, and the defendant has to prove that the facts are not discrimination.” ► The Advisory Committee also notes that the amount of the fines the N.C.C.D. may impose has increased significantly to 30,000 lei if the victim is an individual and up to 100,000 lei if the victims are a group or a community. ► The report notes that the N.C.C.D. continues to enjoy public support and receives a substantial number of complaints each year. The number of individual complaints os- cillated between 752 (in 2015) and 858 (in 2013) in the last five years. In 2016, the last year for which figures are available, the N.C.C.D. received 842 complaints of discrim- ination. Allegations of discrimination on the basis of ethnicity were formulated in 81 complaints, on the criterion of language in 25 cases and on the criterion of race in three cases. N.C.C.D. issued 111 fines, 53 warnings and made 44 recommendations. The Advi- sory Committee notes that approximately 86% of the N.C.C.D. ’s decisions, which were challenged in 2016, were maintained by the competent courts (such as the Courts of Ap- peal and HCCJ). In addition, it should be noted that the courts have asked the N.C.C.D. to formulate points of view in approximately 750 cases, alleging breach of the principle of non-discrimination. ► GRECO regrets that N.C.C.D. operates exclusively from its central office in Bucharest and has no regional support to enable it to have a more meaningful vision in the country. ► However, the Advisory Committee notes with concern that the financing for the N.C.C.D. has not increased since 2009, with the amount of 5,914,000 RON in 2016. Limited state funding has forced the N.C.C.D. to rely on extra-budgetary funding, main- ly from foreign donors, for awareness-raising activities and training that it carries out in addition to its core activities. In addition, financial constraints have prevented N.C.C.D. from employing key staff for its operation. Of the 89 N.C.C.D. posts, only 70 w
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