Vezi raport EN

ce in implementing the principle of non-discrimination with regard to the population as well as regarding the state institutions and especially regarding the education system. The solutions identified by the two equality bodies, but also their sustainability on the medi- um and long term, have been analysed taking into account the existing political realities and the budget allocated to CEPEDAE for the conduct of informative actions and campaigns. It has been established that these series of bilateral consultations shall continue on the var- ious problems that will arise in the Republic of Moldova in order to effectively support the equality institution in the process of creating and implementing a system that is as effective and closer to the requirements of the European Union. Taking into consideration the invitation of the Council for Prevention and Elimination of Discrimination and Equality Assurance in the Republic of Moldova to continue the bilateral meetings in order to consolidate the Moldovan institution, on August 28 and 30, 2017, a new working meeting was held in Chisinau between the two institutions. The meeting focused on the current challenges faced by the Moldovan institution, namely the cases of language discrimination in different regions of the Republic of Moldova. Experts from the N.C.C.D. have examples from the jurisprudence of the institution, cases in which petitions have been analysed on the basis of language discrimination and analogy of nationality. Together with the CPEDAE representatives, these cases and the constitutive elements of the discrimination facts were analysed to identify where we are with regards to discrimination or if we are outside this field. Subsequently, the cases for solving before the Council of Moldova were analysed, while identifying solutions for combating such cases of language discrimination or any other cri- terion associated with it. During the 18 and 19 September, 2017 the seminar “Applying European Union -Dis- crimination Legislation” took place in Trier and was organized by the Academy of European Law, attended by the president of N.C.C.D. . The seminar focused on the link between European legislation on equal treatment and the Charter, the European Convention and the United Nations human rights treaties. The seminar was structured on several sessions, each having a different theme. The areas addressed encompassed: European Union legislation on equal treatment and its interaction with the European Charter and European Treaties, European directives but also interna- tional instruments (Council of Europe, United Nations, international labour organizations); Definitions of key concepts such as direct discrimination, indirect discrimination and ha- rassment; Probation of facts of discrimination, reversal of the burden of proof as well as ac- cess to proof, evidence; Identify the effectiveness of law enforcement through remedies and sanctions; Practical application on a case against anti-discrimination legislation; European 78 Court of Justice case law on discrimination based on race and sexual orientation; Freedom of religion at work in Europe; Concepts on disability and reasonable accommodation in Eu- ropean law and in the Convention on the Rights of Persons with Disabilities; Case law of the European Court of Justice on Age Discrimination. On September 28, 2017, ECRI (European Commission Against Racism and Intolerance) organized in Bratislava together with the Slovak National Centre for Human Rights a round table on “Combating racial discrimination and intolerance in the Slovak Republic” following the publication of the report on the situation in Slovakia. As a result of the invitation received from the Slovak National Centre for Human Rights, the N.C.C.D. representatives that attended the meeting were the president of the institution, the manager of the Legal Department and the Cabinet Manager. The purpose of this round table was to identify solutions for implementing ECRI’s recom- mendations in the Report on the institutional and legislative framework for combating rac- ism and discrimination on the basis of race but also the hate speech. The event was attended by relevant actors at national level, representatives of the institu- tions involved in combating discrimination and legislative harmonization, representatives of the media and civil society active in respect of human rights. The agenda included both ECRI presentations as well as interactive discussions on the mea- sures to be taken following the recommendations contained in the Report, the challenges that may arise in future legislative changes, the effectiveness of the equality body in the Slo- vak Republic and the fight against hate speech in terms of the race criterion. During 25 and 26 October 2017, Geneva held the 121st session of the UN Human Rights Committee, where Romania supported its fifth regular report on the International Conven- tion on Civil and Political Rights (ICCPR). This event was attended by the N.C.C.D. president, as an expert, within the official delega- tion of Romania. The delegation also included representatives of ANES, the People’s Advo- cate, the State Secretariat for Cults, the NAR, the MIA, the Prosecutor’s Office attached to the HCCJ, the Ministry of Justice, the MEN and the Ministry of Health, the delegation being headed by the MEA. The action took place within two days of the CCPR members’ wish to grant delegations more time between the two meetings, to coordinate and prepare the answers. Romania was exam- ined by a Task Force, consisting of 5-6 members. The meeting started with an intervention by the head of the Romanian delegation on the lat- est developments in the implementation of the UN Convention on Civil and Political Rights, registered since the submission of LOIPR to the moment of the report’s presentation. Following the presentation held by the Head of Delegation, Task Force experts have asked questions, grouped to cover all areas of the Convention, divided into two groups. The ques- tions were addressed successively so that the delegates had the time to coordinate the an- swers. Activity Report 2017 79 Questions from Task-Force members were based on the LOIPR and the responses were writ- ten by the Romanian side and concerned details to deepen the way Romania implemented the provisions of the Convention. There were also follow-up questions formulated by the other members of the Committee (not members of the Task Force) to which the members of the Romanian delegation had to answer. At the end of the debates, the Head of Delegation presented his final remarks and the Com- mittee Chairman summarized the main points of the debate. The examination works of the Romanian report could be watched live, through the UN web- cast network since it was a public meeting. As regards the scope of the Council, the questions targeted the fact that none of the com- petent institutions was accredited according to the requirements of Paris - the Committee encouraging the accreditation of these institutions; discrimination against Roma, still exist- ing, the segregation of children belonging to this community - the Committee encouraging measures to combat these forms of discrimination; police abuses towards the Roma popula- tion - the Committee suggesting that such offenses be properly investigated and respect hu- man rights; discrimination and violence against LGBTI people - the Committee encouraging measures to combat stereotypes and to properly investigate such offenses; discriminatory treatment of people with HIV / AIDS in the field of medical and reproductive services - The Committee encourages efforts to ensure that HIV / AIDS infected women have access to spe- cialist health services and discrimination against people with disabilities in the field of work and education, and accessibility - The Committee suggests stepping up measures combating discrimination in these areas and access to public transport. On 21 November 2017, the Court of Justice of the European Union in Luxembourg held a hearing of the pleadings in Case C-673/16 Coman e.a. The case was referred to the EUJC by the Constitutional Court of Romania by asking four preliminary questions on the implemen- tation of Articles 2, 3 and 7 of Directive 2004/38 / EC, read in conjunction with Articles 7, 9, 21 and 45 of the Charter of Fundamental Rights of the European Union, with reference to the indirect rejection by the Romanian Immigration Inspectorate, in response to a request for information, of the possibility of granting a temporary residence permit to one of the petitioner s, who is an American citizen married to a Romanian citizen of the same sex, the marriage being concluded in Belgium. At the hearing, the National Council for Combating Discrimination was represented by the president of the institution, as a barrister, the Manager of the Legal Department and the Cabinet Manager, as experts. The hearing took place in the reunited Chambers of the Court and covered the submissions of the parties and States wishing to intervene in the present case. After the first plea, the members of the Court asked additional questions to those present, in order to clarify some issues due to the solution. The position advocated by the Council as an expert national institution, amicus cure, was to include the inclusion of same-sex couples within the scope of Directive 2004/38 / EC in order to ensure the right to respect for and protection of human dignity and respect for pri- 80 vate and family life, provided for in art. 1, respectively art. 7 of the Charter of Fundamental Rights of the European Union, the right to non-discrimination - Article 21 of the Charter and the limits of the primary competence of the Member States in the definition of marriage and other forms of civil union, respectively the regulation of the legal effects of these institutions, and art. 6 (1) TEU and Art. 51 of the Charter. The conclusions in this case will be delivered in January 2018. On 28-29 November 2017, the seventh series of bilateral meetings between experts of the two institutions took place at the Council for Prevention and Elimination of Discrimina- tion and Equality Assurance in Chisinau. The meeting focused on the findings of a study conducted in 2016 that people living with HIV / AIDS are among the most discriminated groups, almost unanimously rejected, as is the case with sex minorities, drugs and alcohol users. For the EDPS, combating forms of discrimination for these people represent a current challenge. The N.C.C.D. experts have exposed the results of the survey and an opinion barometer conducted in Romania, according to which in the last years the same categories are also the most discriminating at national level. The causes of such perceptions, the creation of stereotypes and prejudices, but also the best solutions to combat discrimination have been analysed. The cases of discrimination in both Romania and Moldova have been analysed and the judgments have been pronounced. Experts from Romania have provided examples of actions and campaigns to combat dis- crimination against HIV-infected and drug-using people. The discussions focused on the Summer School organized by the N.C.C.D. with the Faculty of Sociology in Bucharest where this year even Mr Yan Feldman participated, and where the themes approached were spe- cifically about these categories of people and the measures that should be taken to protect them. Between December 19-20, 2017, the Council of Ministers for the Prevention and Elim- ination of Discrimination and Equal Treatment held the last bilateral meeting in 2017 be- tween the experts of the two institutions in Chisinau, Republic of Moldova. The meeting aimed at a retrospective analysis of the challenges the CPEDAE faced during the year, the institutional evolution and the weaknesses of the institution at that time. The N.C.C.D. experts also presented the results of the activity during the year, making a comparative analysis between the activities of the two institutions. Solutions were identified for the institutional development of the Council of Moldova, coop- eration with the political environment, as well as with the civil society active in the field of human rights observance. The representatives of the two institutions proposed to continue the actions regarding the mutual assistance during 2018, the meeting aiming to contribute to the integration in the European Union, to the correct implementation of the European legislation, through legisla- tive amendments and the Community Acquis, N.C.C.D. already having this the experience. Activity Report 2017 81 European Network of Equality Institutions in the European Union (EQUINET) The National Council for Combating Discrimination is a member of the European Network of Equality Institutions in the EU (Equinet). EQUINET is a non-profit international organization that connects 45 organizations from 33 European countries, which have as their objective to combat discrimination. In order to facilitate the exchange of information and experience, EQUINET members have implemented an electronic knowledge management system, aiming both at creating a rel- evant source for legislation and policies and at developing a set of tools and procedures to guide the dialogue towards priorities members of the organization. Another aspect of EQUINET’s activities is to implement a network-based approach that en- courages contacts between participants at all levels of dialogue, through direct interaction or electronic communication. Contacts take place at the level of the annual General Assembly or of working groups as well as through the implementation of a regular training plan with the support of the organization’s secretariat. Working Group on Enforcement The Seminar “National Equality Bodies Against Discrimination of People with Intellectual Disabilities” organized by the EQUINET Network and the Croatian People’s Advocate for People with Disabilities took place in Zagreb on 09-10 March. The event was attended by 47 representatives of the equality bodies and experts, the Manag- er of the Legal Department and the Cabinet Manager participated on behalf of the N.C.C.D. The main objective of this event was to strengthen the individual capacity of each equality expert to address discrimination of people with intellectual disabilities. In particular, the seminar’s activities aimed at helping equality bodies to understand and clarify the main concepts of discrimination against people with disabilities, to provide them with a practical guide on how to address the discrimination of people with intellectual dis- abilities from a legal perspective, public policies and communication, and stimulate and support peer learning. The conclusions of the seminar were: Children with disabilities should go to the same school with the other children (inclusive education system); Everyone should be able to decide on their own lives, including where and with whom they want to live; Some people with intellectual disabilities need support, but they do not need others to have control over their lives; People with intellectual disabilities need information on how to proceed if they suffer discrimination or abuse; Information about their rights must be written in an easy to un- derstand way. The seminar also addressed the issue of women with disabilities (multiple discrimination on grounds of gender and disability) and of those who give birth because in many countries they are not allowed to keep the child. 82 Working Group on Policy Formation / Development This group is a platform for dialogue with the European institutions, which supports the formation of equal opportunities and non-discrimination policies at European level. In September, the Equinet meeting of the Policy-Making Working Group, an event orga- nized by Equinet and the Ombudswoman Bureau Croatia, took place in Zagreb. The discus- sions were moderated and analysed by Tena Simonovic Einwalter from the Ombudswoman Office in Croatia, Niall Crowley of Ireland, Jessica Machacova and Tamas Kadar from the Equinet Secretariat (Belgium), with the participation of another 14 representatives of the institutions in Albania, Sweden, Ireland , Poland, Slovenia, Romania, Hungary, Serbia, Bul- garia, Great Britain, Greece, Germany, Austria and Malta. the deputy chairman of Bulgaria’s Anti-Discrimination Commission also participated. Lastly, representatives of the Croatian Ombudsman, including the Ombudsman for People with Disabilities, were present. In the beginning they debated the news that emerged in each institution since the previous meeting, on behalf of the Council, the representative of the Directorate of Programs and International Relations spoke about the Family Coalition and the referendum amending and changing the Constitution - 3 million signatures, such as and the axiological disputes on this subject, although the Civil Code states in Article 27 that the institution of marriage has as actors a man and a woman. He also announced the election of a new vice-president, the finalization of the 2007-2015 case law website www.nediscriminare.ro through EEA grants and the possible reorganization of the institution under Directive 2014/54 / EU. According to the Directive - signed by 26 countries - national mechanisms to implement it had to be set up by 2015. There are two countries that have not yet established these mechanisms: Lux- embourg and the Czech Republic. Discussions were then held on the links between equal opportunity institutions and people’s advocates. Activity Report 2017 83  National Council for