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       ®       refusing the access of a person or of a group of persons to the state or private educational system;
       ®       any restraint in the process of setting up and accreditation of educational institutions established under
               legislation in force.
26.    Section IV, „Freedom of movement, right to freely choose a residence and access to public places” regulates issues
concerning:
       ®       actions consisting of threats, coercion, use of force or any other means of assimilation, resettlement or
               colonization of persons, in order to change the ethnic, racial or social composition of a zone of the country
               or of a locality;
       ®       behaviours consisting of persuading a person to leave his/her residence, of deporting or burdening the
               living conditions with the purpose of waiving the traditional residence of a person or a group of persons
               without their agreement. Forcing a group of persons belonging to a minority to leave the locality, area or
               zones of living and obliging a group of persons belonging to the majority to settle in localities, areas or zones

               inhabited by a national minority;
       ®       behaviours aimed to displace or send away a person or a group of persons from a neighbourhood or a
               building;
       ®       interdicting the access of a person or of a group of persons to public places.
27.    Section V, „Right to personal dignity” regulates issues concerning::
       ®       behaviours exhibited in public, having a nationalist and chauvinist nature, inciting to racial or national
               hatred or that behaviour aimed or intended to offend the dignity or create an intimidating, hostile,
               degrading, humiliating or offensive environment, which is directed against a person, a group of persons or a
               community.

IV. Specific occupational requirements in the racial Directive (ARTICLE 4) and national transposition law

A. SPECIFIC OCCUPATIONAL REQUIREMENTS IN THE RACIAL DIRECTIVE

28.      4 of the racial Directive regulates the concept of "Specific occupational requirements". According to art. 4 of the
racial Directive:

Notwithstanding Article 2(1) and (2), Member States may provide that a difference of treatment which is based on a characteristic related to racial or ethnic origin shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

B. SPECIFIC OCCUPATIONAL REQUIREMENTS IN NATIONAL LAW

29.      Section I of Chapter II of G.O. no. 137/2000 republished regulates the field of equality in the economic activity , in
employment and occupation. The content of articles 5-8 of G.O. no. 137/2000 regulate infringements regarding the
limitation of taking part in an economic activity or of choosing or exercising a profession; discrimination in labour
relationships, wage entitlements, labour tasks, training, disciplinary measures, affiliation to a trade union, employment
refusal and employment advertisements, social entitlements (for details see the Appendix of Ordinance no. 137/2000,
republished).

30.      In this context, art. 9 of G.O. no. 137/2000, republished provides:

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