Vezi raport EN

„protecţie efectivă a drepturilor omului”

The provisions of art. 5-8 cannot be construed in the sense of restricting the right of an employer to refuse employing a person that does not meet the relevant occupational requirements, as long as the refusal is not a discrimination deed for the purpose of this ordinance and such measures are objectively justified by a legitimate aim and the methods of attaining it are appropriate and necessary.

V. Positive action in the racial Directive (ARTICLE 5) and national transposition law

A. IN THE RACIAL DIRECTIVE

31.      Art. 5 of the racial Directive regulates the concept of positive action and provides:

With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.

B. POSITIVE ACTION IN NATIONAL LAW

32.      According to the provisions of art. 2 par. 9 of G.O. no. 137/2000, republished:

For the purpose of this ordinance, the measures imposed by local authorities or by private law entities in favour of a person, a group of persons or a community aiming to secure their natural development and effective attainment of equality of chances in relation to other persons, groups of persons of communities, as well as positive measures aiming to defend disadvantaged groups is not discrimination.

VI. Minimal requirements in the racial Directive (article 6) and national transposition law

A. MINIMAL REQUIREMENTS IN THE RACIAL DIRECTIVE

33.      According to art. 6 par. 1 of the racial Directive:

Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive.

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