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or a Kalmyk from Iasi (…), a double for “marcutizaţi” like them who speak and write the Kalmyk language at home, a Lipovan animal, this person who is from a violent minority, a Lipovan from Northern Moldavia, a second hand minority”. Analyzing the articles and charged statements, through decision no. 46 of 19.01.2006, the Committee set down that these have a discriminatory nature, resulting in offending the personal dignity, based on national origin. The defendant of this case was sanctioned by warning. (art. 2 par. 1 and 3 and art. 19 of G.O. no. 137/2000, subsequently amended and supplemented).

152. Education. Segregation. Ethnic origin. Roma. NCCD was self-notified following the publishing of a press article reporting on the establishment of separate classes for Roma children in a school in Tulcea county. Following the investigations, it was found that the distribution of Roma children was uneven, with imbalances between the majority children and minority Roma children. The parents of Roma children expressed their discontent regarding the situation generated by the management of the school and as a result of defective management, the school director was dismissed. The Committee set down that through the measures taken by management, by establishing separate classes, the Roma children were disfavoured and thus an indirect discrimination occurred. Through decision no. 75 of 02.03.2006, the Committee ascertained that the notified deeds are discrimination and it decided to sanction the management of the school by warning. (art. 2 par. 2, art. 2 par. 3 of G.O. no. 137/2000, subsequently amended and supplemented).

153. Tenancy. Structure building. Ethnical origin. Pro Europa League, Miercurea-Ciuc Office complained about the existence of a concrete wall on street Varadi Jozsef of Sf. Gheorghe, built at the end of the 80s, which separates persons who live in the two buildings built in that area of the town, namely Romanians and Hungarians from Roma. The City Hall argued in favour of maintaining the position of the wall, with the purpose of maintaining peace and security for the inhabitants of neighbouring buildings. After investigating the notified issues and following the presentation of the contradictory allegations of the parties, the Committee retained that the purpose of building a concrete wall was to separate the majority population from the Roma citizens from the area. Through decision no. 108 of 28.02.2006, the Committee ascertained that the notified deeds are direct discrimination and the presence of the wall which separated the buildings in question could offend the dignity of persons based on ethnic origin. NCCD recommended that the defendant undertake all measures to eliminate the ascertained discriminatory situation (art. 2 par. 1 and par. 3 of G.O. no. 137/2000, subsequently amended and supplemented).

154. Education. Teaching methodology. Capacity certificate and school graduation. Equality. National minorities. Hungarians. H.P. and others, the Hungarian Civic Union, Commission of Parents of Mikes Kelemen High School, the Parliamentary Group of UDMR (Union of Democrat Magyars of Romania) from the Chamber of Deputies complained about the methodology of teaching Romanian language for the members of national minorities and regarding the capacity and baccalaureate exams compared to the pupils who attend Romanian language teaching schools. Setting down the aspects notified by the parties and the statements of the Ministry of Education, the Committee appreciated that the pupils belonging to national minorities and the majority ones are in sensibly different situations in the educational process. The pupils belonging to national minorities are not native speakers of the Romanian language and outside the educational system, they have no possibility to exercise and use the official language like the citizens native speakers of Romanian language. Taking into account the results and statistics which show a low average of passing the exam among pupils belonging to national minorities, it is found that there can be negative consequences and it is necessary to establish an optimum methodology of teaching Romanian language to national minorities and of assessing their knowledge. Through

decision no. 126/05.05.2006, the Committee recommended that the Ministry of Education set up a specialized commission to draw up proposals of measures to provide the learning of the official language of the state under equality conditions for Romanian citizens belonging to national minorities. (art. 16 par. 1 of the Constitution in conjunction with art. 120 par. 1 of Law no. 84/1995).

155. Musical composition. Ethnical origin. Roma. Personal dignity. The Press Monitoring Agency and Romani Criss complained about the lyrics of a song composed by a festivity music interpreter. The chorus of the song was broadcasted in the press, on the website of Gazeta Sportului and on various TV stations. In essence, the song includes references to the ethnical affiliation of the Roma community, using phrases like "crow”. The defendant showed that this phrase did not refer to the Roma group, but to the whole gallery of the football club Rapid Bucuresti. Through decision no. 168 of 07.07.2006, the Committee ascertained that the lyrics of the song broadcasted on various TV stations have a discriminatory content, based on ethnic origin and could result in offending the dignity of Roma origin persons. In this case the contraventional sanction was not decided, considering the lack of public character, in first instance of broadcasting the song. The Committee decided to issue a recommendation to the defendant (art. 2 par. 1 and par. 2 of G.O. no. 137/2000, subsequently amended and supplemented).

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