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Document colectat · Rapoarte privind nediscriminarea

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Instituția sau publicația sursă
Rapoarte privind nediscriminarea
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26.09.2026 17:54
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law 63 1, article 2 paragraph 5, article 10 d) and article 20 paragraph 6 according to the article 26 paragraph 1 of the Government Decision 137/2000 in conjunction with the provisions of article 8 of the Government Decision 2/2001 on the legal regime of offences, as further amended and supplemented (a decision taken by unanimity of votes, counting the Steering board members attending the meeting). The Steering board decided for a contraventional fine of 30,000 lei to Raiffeisen Bank S.A. through a legal representative, for the facts incriminated by article 2 paragraph 3, article 10 d) and article 20 paragraph 6 according to the article 26 paragraph 1 of the Government Decision 137/2000 in conjunction with the provisions of article 8 of the Government Decision 2/2001 on the legal regime of offences, as further amended and supplemented (a decision taken by unanimity of votes, counting the Steering board members attending the meeting). The Steering board recommends the parties against which the complaint was filed to show resilience and concern in order to make sure that, in the services provided to citizens, they take into account all the relevant differences and the appropriate measures to ensure that available service may be specifically accessed by all the citizens. The Steering board ordered the parties against which the complaint was filed to publish in the media a summary of the Decision of findings in accordance with the provisions of article 26 paragraph 2 of the Government Decision 137/2000; 33. Job advertisement. Language The petitioner notifies the National Council for Combating Discrimination that, between June 8 and June 10, 2015, the City Hall of Miercurea-Ciuc launched a concours for the position of one class III senior civil service clerk within the Records and Archives Compartment of the Miercurea-Ciuc Mayor Head-office. According to the official website, as a requirement for participating to this concours the candidates must know the Hungarian language (the notice issued by the Miercur-Ciuc City Hall and included in an annex to the claim). In the petitioner’s opinion, that requirement is discriminatory. The defendant in this case shows that the local public administration authority does not intend to proceed to discriminating action, as the other party claimed. The Steering board retains that the requirement to know the Hungarian language for the position of class III senior clerk within the Records and Archives Compartment of the Miercu- rea-Ciuc Mayor Head-office is not an actual and major requirement for the profession. In its Decision no. 110/10.02.2016, the Steering board ascertained the incriminated aspects as discriminatory action, pursuant to the provisions of article 2 paragraph 1, article 6 in conjunction with article 8 paragraph 2 of the Government Ordinance 137/2000 on the pre- vention and punishment of all forms of discrimination, as republished, and ordered a fine for the defendant of 2000 lei, according to the provisions of article 2, paragraph 1 and article 26, paragraph 1 of the Government Ordinance 137/2000 on the prevention and punishment of all forms of discrimination, as republished. The Steering board advised the defendant not to use this kind of requirements to ensure the 64 N.C.C.D. | Activity Report | 2016 fundamental rights of people not knowing the Hungarian language and the non-discrimina- tion principle, as guaranteed in Romania by the Constitution and the Government Decision 137/2000, as republished. The Steering board ordered the defendant to publish in the local media a summary of the Decision of findings, though protecting the confidentiality of the name and domicile of the petitioner, in accordance with the provisions of article 20 paragraph 11 of the Government Decision 137/2000; 34. Advertisement on the internet. Ethnic origin The petitioner notifies the National Council for Combating Discrimination that on the website www.micapublicitate.ro advertisements were posted that were potentially discriminating against the Roma ethnics. The party against which this notification was filed showed thankful for the information contained in the complaint, adding that after the summon they proceeded to remove the advertisements in question, at the same time changing the posting terms in the sense that the words used to create discriminatory wordings were put on the shortlist of words that are automatically removed by software checks. They also underline that they were not aware of those discriminatory advertisements until they actually received the summons. In its Decision no. 592/28.09.2016, the Steering board ascertained the facts as action of discrimination, pursuant to the provisions of article 2 paragraph 1, article 10 c), article 15 of the Government Ordinance 137/2000 on the prevention and punishment of all forms of discrimination, as republished; the Steering board ordered a contraventional fine of 2000 lei, in accordance with the provisions of article 26 paragraph 1 of the Government Decision 137/2000 on the prevention and punishment of all forms of discrimination, as republished; 35. Discriminatory provisions included in Order no. 725/12709/2002 on the criteria for deciding on the degree of disability for children suffering of Diabetes Mellitus I between 0 and 7 years of age (age, non-contagious chronic disease, disability) The petitioners notify the National Council for Combating Discrimination on the discrimi- natory provisions included in Order no. 725/12709/2002 on the criteria for deciding on the degree of disability for children suffering of Diabetes Mellitus I between 0 and 7 years of age (age, non-contagious chronic disease, disability) The complainant requests the Council to conduct an investigation of a potential breach of the non-discrimination principle, as regulated in accordance with the internal laws and the international agreements to which Romania in a party, by the fact of using, in Chapter V c), the phrase “between 0 and 7 years of age”, as follows: Examples of the Council Steering board’s case law 65 Chronic metabolism and nutrition disorder, in Annex no. 2 to the Order no. 725/12709/2002 on the criteria for assessing the degree of children’s disability and applying the special pro- tection measures required in their case, as issued by the Ministry of Health and Family and the National Authority for Child Protection and Adoptions. The defendants acknowledge the petitioners’ request as pertinent considering the severe and often unpredictable development of the Diabetes Mellitus in children, as well as the need of frequently checking the sugar level, the careful decision regarding the insulin treatment on a case by case basis and the special and strictly supervised diet. They see as opportune and necessary changing the provisions in letter c) Chapter V of the Annex no. 2 to the Order 725/12709/2002. They also show that the legislation in force regulating the classification of disabled children by degrees of disability is in line with the international standards, fostering the psychological bio-social model of treating disability. The Steering board retains that an age limit for the children with Diabetes Mellitus between 0 and 7 years of age, in the provisions of letter c) Chapter V of the Annex no. 2 to the Order no. 752/12709/2002, issued by the Ministry of Health and the National Authority for the Child Protection and Adoptions is discriminatory. In its Decision no. 399/08.06.2016, the Steering board ascertained the incriminated facts as an action of discrimination, pursuant to article 2 paragraph 1 and the aspects in the case are acts/facts of discrimination pursuant to the provisions of article 2 paragraphs 1, 3 and 6 and article 10 h) of the Government Decision 137/2000 on the prevention and punishment of all forms of discrimination, as republished; The Steering board set a fine of 2000 lei for each of the defendants, in accordance with the provisions of article 2 paragraph 11, article 26 paragraph 1 of the Government Decision no. 137/2000, as further amended and supplemented by the provisions of the Government Emergency Ordinance no. 19/27.03.2013, in conjunction with article 8 of the Government Decision no. 2/2001 on the legal regime of offences. 66 N.C.C.D. | Activity Report | 2016 Prevention of all forms of discrimination The National Council for Combating Discrimination (NCCD) is approaching 15 years of service and can highlight, through its projects and programs, that it already has a tradition in pre- venting acts of discrimination, in respecting human rights and promoting equal opportunities. The NCCD’s activity became, in time, a landmark for the organization of events and for development of information projects and prevention of discrimination acts, proving its ef- fectiveness, importance and domestic recognition, as well as among other institutions and civil society by valuing the entire activity and promoting the dialogue between different social groups. In 2016, a financially difficult year for the institution, DPRI channelled its efforts for the con- tinuance of programs and projects which, through the themes addressed, resources involved, results obtained and strong connections that they have developed over the years, gained the trust of partners and created tradition among national programs and policies respecting human rights and equal opportunities. „One world Romania” The XIth edition of the International Festival of Documentary and Human Rights In its 9th edition, the Festival One World Romania presented 60 creative documentaries, offered the Romanian audience the chance to experience the first virtual reality with 360° documentaries about the human rights, encouraged its viewers to explore the latest social problems through documentary video games, brought together the local community and the refugee community, completed the films program with theatre, dance and photography, all talking about what happens around us. ORGANIZERS: The Association One World Romania, the Czech Centre Bucharest; Prevention of all forms of discrimination 69 MAIN PARTNER: Rule of Law of Eastern Europe of Konrad-Adenauer Stiftung; WITH THE SUPPORT OF: National Council for Combating Discrimination, National Film Centre, Ministry of Culture, City Hall of the 3rd District, European Commission Representation in Romania, Union of Filmmakers in Romania, RoAid – Romania’s Program of Cooperation for Development, Romania’s Ministry of Foreign Affairs, United Nations Development Program, Institute for the Investigation of Communist Crimes and the Memory of Romanian Exile, ARCUB – Cultural Centre of Bucharest, Bucharest City Hall, Bucharest European Capital of Culture 2021, Centre for Legal Resources, EEA Grants, Bankwatch Romania, Romanian National Council for Refugees, International Organization for Migration – Romania’s Office, and also the participation, as partners, of several Embassies represented in Bucharest. The whole festival was founded in an unconventional multimedia experience, a mixture of new and traditional cultural forms – film, theatre, dance, exhibitions, music, virtual reality, documentary games – through which the theme of human rights was brought closer by a very varied public and which created fun, information was given, social involvement was encouraged. The festival took place in 6 venues: Eforie Cinema, Union Cinema, Elvire Popesco Cinema, Hollywood Multiplex, Czech Centre in Bucharest and a tent of 120 m2 mounted in the Uni- versity Square. Outstanding results were achieved on several levels: • A 10% increase in the number of participants, the number of those who were with us at the opening event being double, and the number of high school students participating in the projections dedicated to them being with 30% higher; • a 30% increase in the number of documentaries; • a 27% increase in the number of organized projections; • a 15% increase in the number of festival guests; a 70% increase in the number of films entered for selection. The opening event of the festival, organized at the National Museum of Contemporary Art, attracted an audience of 1200 people. Short speeches of the organizers and partners were complemented by a show seasoned with movies, documentaries of virtual reality, theatre, dance and music. Of the 60 documentaries presented at the festival, 50 were national premieres, 2 international premieres and 1 European premiere. A total of 89 projections were organized during the festival. A series of special events com- plemented the festival program, of which we recall views with virtual reality films, a theatre, debates, educational activities and releases. Over 100 Romanian and foreign guests took part in all these events with impact on the de- velopment of a strong civil society in Romania. 70 N.C.C.D. | Activity Report | 2016 More than 100 film directors, producers, actors, artists and experts helped to make all these events possible. One World Romania witnessed a total audience of 10.448 people – an increase of 10% com- pared to last edition. This year’s edition was focused on a number of critical issues around the world, divided into the following sections: „Europe’s Crisis Cabinet” – the big difficulties, old or new, that Europe went and it is still going through; „The suitcase of refugees” – an exploration of the problems behind the migration and closed borders, with a historical perspective of the destinies of refugees in Europe or elsewhere; „Focus: The Middle East” – a very diverse and contradictory human and social landscape in Palestine, Israel and Egypt, and from Syria to Iran; „Rights and twisted” – a travel around the world, from Canada to Brazil and then to India and Afghanistan, revealing the limitations or injustices of the law’s long arm; „The black eye of our love” – documentaries exploring the mindset of rape, domestic violence and the silence surrounding them everywhere; „Do we live to work?” – movies from different European countries, from North to South, exploring a complex topic that is a concern to all of us; „Beyond the straitjacket” – trying to show the human face of the „other” An 8th section, “Delicatessen”, was created to include courageous, creative movies, which did not fit in any of the previously mentioned themes, but which talked about topics of equal importance – for example, drug cartels in Mexico or extreme political regimes from North Correa and Russia. This year the Middle East has been under scrutiny. Usually we are told about this area only as a front of some of the most violent conflicts today, with many tensions, ravaged by war and sectarianism. But is it fair or complete, this way of viewing a space with thousands of years of civilization behind, rich and so diverse cultures, and to whose history, in fact, we have partaken? This year were selected the most tender stories made in the Middle East – stories of love, beauty and hope. 20 NGOs, 2 human rights activists, 16 film directors and 1 producer participated in the program Civil Society Pitch. This was the first event in Romania with the declared aim of developing specific artistic projects, by bringing together a broader spectrum of experts and artists. The public of One World Romania was also invited to discover a playful documentary genre becoming extremely popular: docu-gaming (video games documentaries). Games award-win- ning abroad were presented for the first time to the public in Romania, games which addressed contemporary topics with a strong social impact. Prevention of all forms of discrimination 71 All organizers and partners, and in particular the National Council for Combating Discrim- ination, firmly believe that there is potential for the creation and supply of a young, well-de- veloped community, which could then contribute to the development of the entire Romanian society. For this reason, the festival organizes annually projections dedicated to high school students and makes up the High School jury. This year, six projections were dedicated to high school students, all followed by questions and answers, where 800 students attended. For the fourth consecutive year, we have organized a High School jury, composed of five teenagers who gave the only award of the festival. The prize was awarded to the documentary „Oriented”, directed by the British Jake Witzenfeld and the trophy was given during the event of award to even one of the protagonists of the film, Khader Abu Seif. “Freedom of Speech Day” To mark the day of May 3rd, the World Day of Press Freedom and to promote the Annual re- port on press freedom in Romania –
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