Document colectat · Rapoarte privind nediscriminarea
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he principle” Nobody is allowed to rely on his own incorrectness to
obtain the protection of a right”. Through decision no. 92 of 23.05.2007, the Committee ascertained that the notified deeds
regarding ethnic origin are direct discrimination and it decided sanctioning by warning and by issuing a recommendation.
(art. 2 par. 1 and par. 4 of G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
163. Education. Segregation. Ethnic origin. Roma. Romani CRISS complained that within the Auto High School, the pupils
of Roma origin were separated from the majority pupils. In the same regard it emphasizes the non-involvement of teachers
who lecture in classes composed only of Roma pupils, which is why Roma children don't know how to write and read. The
defendant argued that in the school there are no classes formed on the ethnic criterion. Analyzing the issues raised by the
petitioner, the Committee found that in the structure of the school year there were two classes made up exclusively on the
criterion of ethnic affiliation. This is a form of discrimination, in terms of setting up and maintaining classes composed of
children of certain ethnic origin. Through decision no. 103 of 25.05.2007, the Committee set down that the notified deeds
regarding the maintenance of separate classes is direct discrimination and it recommended that the management of the
school and School Inspectorate adopt the required measures so that the desegregation process ends as rapidly as possible.
(art. 2 par. 1 and 3 of G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
164. Statements. Comments. Internet postings. Ethnic origin. Roma. Personal dignity. The Institute for Public Policies
complained about the fact that on the websites of newspapers Adevărul and Cotidianul the readers were allowed to post
insulting comments against the Roma ethnic group, in response to certain articles published by the two newspapers. The
publications endeavoured to eliminate messages with insulting content and introduced filters to eliminate certain phrases
like: crows, bozgor (i.e. jargon for Hungarian), Jew, filthy Jew, etc. Through decision no. 300 of 15.08.2007, the Committee set
down that the opinions expressed and posted on the forums of newspapers Adevărul and Cotidianul have a discriminatory
(direct) nature and it recommended that the management of the two publications endeavour to ban the posting of such
RO - Piaţa Valter Mărăcineanu 1-3, sector 1,
Bucureşti, Tel / fax 021-312.65.78/79/85 43 „building trust in human rights”
www.cncd.org.ro
„protecţie efectivă a drepturilor omului”
comments (art. 2 par. 1 of G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
165. Access to goods and services. Prohibition. Instruction to discriminate. Ethnic origin. Roma. Romani CRISS
complained about the fact that a group of persons of Roma origin was denied access in a discotheque. A group of five young
Roma with a dark complexion and another two persons, also of Roma origin, but with a pale complexion wanted to enter into
Bavaria club. The first group was stopped by the security personnel who told 5 young men that they cannot enter and asked
their student cards. The two persons with a pale complexion entered into the discotheque without being requested to
submit the student cards. As the members of the first group insisted to find the reason why their access is not allowed, the
security personnel specified that "the owner supports racial hatred". Asking if this means that the Gypsies are not allowed to
enter, the answer was affirmative. The Committee retained the breach of access to the public places due to affiliation with
the Roma ethnic group, through the prohibition the Roma group was subjected to in comparison to the other youngsters,
generating a disadvantageous situation. The differentiation was not objectively justified by a legitimate aim and the criterion
on which it was based was ethnic affiliation. Through decision no. 307 of 28.09.2007, the Committee decided that the
notified deeds are direct discrimination and it decided to sanction the defendant by warning (art. 2 par. 1, art. 10 and art. 14
of G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
166. Education. Segregation. Ethnic origin. Roma. Romani CRISS complained about the fact that within the high school,
R., the Roma origin pupils were separated from the majority ones. In the school year 2003-2004, the County Inspectorate has
established a class of learning only for Roma children under the management of the Special School. Subsequently, in the
school years 2004-2005 and 2005-2006 the establishment of classes only for Roma children was continued and 3 rooms
were arranged for each class and a room for the kindergarten room. School no. 3 was merged in September 2006 with High
School R and was administered by the latter. For pedagogical reasons and of peculiarity of children concerned, differences
from educational, cultural perspectives, due to the principle of continuity in the class, the management of the school, in
agreement with the teachers of the school decided that pupils of Roma origin of classes II, III and IV remain in their initial
classes until the end of the primary cycle. The Committee set down the specific regulations of the Ministry of Educations that
forbade the segregation of Roma children. It set down that in analyzing some specific situations, such as those regarding
Roma pupils, one must take into account the specific interests of children, the educational process and non-discrimination
principles. In this regard, it must be ensured a fair balance between the interests of the school and those of the pupils, but
pedagogical or continuity principles should not separate children of a certain ethnical origin, but ensure effective equality in
the educational process. Through decision no. 338 of 03.09.2007, the Committee set down that the notified deeds, in this
case the establishment of separate classes, their maintenance and displacement in the same structure in terms of ethnical
composition, as regards the effect created assume a discriminatory treatment. The Committee recommended that the
defendants endeavour to prevent and eliminate segregation according to the Order of the Minister of Education no. 1540 of
19 July 2007 regarding the prohibition of school segregation of Roma children (art. 2 par. 1 of G.O. no. 137/2000 on the
prevention and sanctioning of all forms of discrimination, republished).
167. Economic activity. Roma. Impeding the legitimate commercial activity. S.C. Micii comercianţi complained that it is
discriminated on the ethnical criterion by the Town Hall and the Local Council since, over a year they have been delaying
assigning the surface that the 28 members of Roma origin together with other traders used at that time to carry out legal
commercial activities. The defendant showed that the surface referred to by the petitioner is in the public domain and the
refusal to lease the required surface is related to the crisis of parking places. Through decision no. 396 of 12.11.2007, the
Committee set down that the notified deeds constitute indirect discrimination and it recommended the assignment of a
proper space in order to carry out the trade activity for the Roma citizens (art. 2 par. 3, par. 4 in conjunction with art. 2 par. 1 of
G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
168. Press article. Ethnic origin. Roma. Personal dignity. H.M., C.A. and Asociaţia Romilor Ursari complained about the
statements of the author made in an article published in newspaper “Flacăra Iaşului” in which an anti-social behaviour is
collectively assigned to „Gypsies”, about which, among others it is stated that they „infect cities” and are „abortions of
society”. The Committee retained that the notified deeds infringe the right to dignity of persons belonging to the Roma
community. Through decision no. 416 of 28.11.2007, the Committee ascertained that the notified deeds are discrimination
deeds and it decided to sanction the defendant by warning (art. 2 par. 1 and par. 4, art. 15 of G.O. no. 137/2000, republished).
RO - Piaţa Valter Mărăcineanu 1-3, sector 1,
Bucureşti, Tel / fax 021-312.65.78/79/85 44 „building trust in human rights”
www.cncd.org.ro
„protecţie efectivă a drepturilor omului”
XIII. Ascertaining solutions issued in 2008
169. Press article. Statements. Ethnical origin. Roma. Personal dignity. C.A, Asociaţia Romilor Ursari, Romani CRISS,
Asociaţia Tinerilor şi Studenţilor Romi “Romanitin, Asociaţia “Şansa Romani”, Fundaţia “Hope”, Asociaţia Comunitară
“Amaroilo”, Asociaţia Culturală “Barbu Lăutaru”, Asociaţia “Interconcordia” complained about the content of the article
published by D.S. in newspaper “Flacăra Iaşului” regarding persons belonging to the Roma community. The petitioners
considered that the defendant developed two ideas, namely that crime is a defining feature of the Roma ethnic group and
that the use of violence against Roma is the solution to this problem. The author of the article stated that he did not
discriminate anyone, considering that only education, decency and common sense could save the Roma from the troubled
image they have among the majority population. Through decision no. 91 of 18.02.2008, the Committee established that
the notified deeds, namely the content of the article with references, among others to „stinking Gypsies”, „Gypsies giver
birth like rabbits, only to grab with their stinking paw the allowance of some poor children”, „snotty child attached to a
wretched, floral, stinking skirt (...)", "I know Gypsies (…) they make big hits and leave no traces”, "the other fools play
adultery, they really stress us, they exasperate us (...)" etc, breach the right to dignity of persons belonging to the Roma
community and it sanctions the defendants by warning (art. 2 par. 1 and par. 4, art. 15 of G.O. no. 137/2000 on the
prevention and sanctioning of all forms of discrimination, republished).
170. Statements. Ethnical origin. Roma. Personal dignity. N.I and N.I. showed that defendants V.L., N.L. and A.L.
addressed to them words like: "dirty Gypsy", "you damn Gypsy" "Gypsies, soiled, dirty, thieves, bandits, crows, caw-caw".
The defendants claimed that they are in an older state of conflict with the petitioners related to aspects of using the property
utilities. The Committee set down that the charged statements have a content based on ethnical associations related to a
reprehensible behaviour which could offend, based on a stereotype perception associated with an ethnic group, of
discriminatory nature. Through decision no. 101 of 18.12.2008, the Committee found that the notified aspects are direct
discrimination and it decided sanctioning by warning. (art. 2 par. 1 in conjunction with art. 14 of G.O. no. 137/2000,
republished).
171. olitical statements. Statements. National origin. Jews. Personal dignity. C.D. complained against B.N. on anti-
Semitic accusations brought during the session of the local council. The defendant stated among others that the „petitioner
belongs to an extremely naughty and virulent minority” that he „suspects him (…) of hatred against humankind or let's say
against Romanian people, considering himself a counsellor much above the humble person, it's a word I really want to say
about the simple humble man who belongs to the people (...)". The Committee set down that the charged statements, in a
context in which the petitioner's ethnicity was notorious (Jew) allowed to retain the idea that it was all about his nationality.
Through decision no. 103 of 18.02.2008, the Committee ascertained that the statements of the defendant are acts of
discrimination (harassment) and it decided sanctioning by warning (art. 2 par. 5 of G.O. no. 137/2000, republished).
172. Statements. Ethnical origin. Roma. Personal dignity. C.C. notified the fact that the director of the Cultural Center
requested local counsellors and the mayor to assign a sum of money for the repairment of the roof, since a cultural event was
supposed to be held, but the authorities did not make available the required money, instead they allowed the events to be
organized in the hall of the new premises of the Town Hall. The mayor asked that the Roma persons do not have access to the
cultural act, since they destroy and soil the room („Don't bring me all Gypsies here. I'll tell you how we stay, I don't want to
destroy here Madame, let's organize something organized (...), not with seeds and football (…)”. The Committee retained
that the attitude of the defendant was based on a stereotype perception associated with the Roma ethnic group, with an
obvious negative connotation related to a certain reprehensible behaviour extended to the whole community. Through
decision no. 146 of 27.02.2008, the Steering Committee decided that the statements of the defendant have a
discriminatory (direct) nature and it decided sanctioning by warning (art. 2 par. 1 and par. 5 in conjunction with art. 15 of
G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished, warning).
173. Statements. Ethnical origin. Roma. Personal dignity. C.E. complained about the fact that the local mayor decided to
sell the land under the house and demolish the building where she lived and it also attributed certain statements to him („kill
the Gypsies, demolish houses over the herd of Gypsies, because you've been paid so that no stone remained and no Gypsy”).
The defendant showed that the through the social policy promoted is guaranteed the effective access to a workplace, to a
house, to social assistance, to education. On the street where the petitioner lived, the Town Hall had a number of buildings
RO - Piaţa Valter Mărăcineanu 1-3, sector 1,
Bucureşti, Tel / fax 021-312.65.78/79/85 45 „building trust in human rights”
www.cncd.org.ro
„protecţie efectivă a drepturilor omului”
intended for social use. These houses had high levels of degradation and for that reason the local council decided to sell the
land and ensure sanitary living conditions to the tenants. Through decision no. 162 of 11.03.2008, the Committee decided
that the acts that aimed to evict the petitioner and the members of her family are not discrimination deeds. As regards the
statements invoked, it was set down that these are offensive and they could offend dignity, being tightly related to the ethnic
origin of the petitioner. The Committee ascertained that the statements are discriminatory (harassment) and it decided to
sanction the defendant by warning (art. 2 par. 5 of G.O. no. 137/2000 on the prevention and sanctioning of all forms of
discrimination, republished).
174. Access to goods and services. Prohibition. Instruction to discriminate. Ethnical origin. Roma. H.C. complained
about the prohibition of the access of Roma to an internet cafe. The petitioner showed that at the entry to the place was
posted a notice which specified as follows: "Starting from the date of (...)Roma have no access to this internet cafe because
we had many problems with them, every night they create scandals and beat (…)”. The Committee set down that through the
said notice was carried out a differentiated treatment based on ethnic origin, displayed in the public, by posting at the entry
in the space designed for the general public of the instruction of not allowing access of persons of Roma origin. Through
decision no. 180 of 18.02.2008, the Committee decided that the notified deeds are direct discrimination and instruction to
discriminate and it applied the sanction of fine amounting to 600 RON to the defendant (art. 2 par. 1 and 2 in conjunction
with art. 14 of G.O. no. 137/2000, on the prevention and sanctioning of all forms of discrimination, republished).
175. Press article. Statements. National origin. Jews. Personal dignity. Liga Pro Europa complained about the
publishing of certain articles and cartoons in the number 8/2007 of the weekly magazine Európai Idö, by which is offended
the right to personal dignity of the Jew community. The Committee set down that although the articles dealt with matters of
general interest, they concerned the Hebrew community as a whole, blamed for the historical sufferings of the Hungarian
nation, in conjunction with denial of the Holocaust and of methods used to exterminate the Jews. The characterization of the
Jew minority such as „parasitism, greed, disgusting, domination, contempt, parasite fungus” for which the solution would be
to retain it in its own state offend its dignity. Through decision no. 208 of 20.02.2008, the Committee decided that the deeds
notified in the article "Who are the real anti-Semitic" are acts of discrimination (harassment) and to sanction the author by
warning (art. 2 par. 5 of G.O. no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished).
176. Education. Statements. Ethnic origin. Roma. Personal dignity. Asociaţia Roma ACCESS Tomis Constanţa complained
about the fact that the pupils of VIth class within the I.N.R. High School were addressed comments regarding their ethnic origin
by teachers. Thus, it is shown that they were told: "Get into the classroom, filthy Gypsy who stank the hall. Close the door and the
window so that you don't stink others a
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