Vezi raport EN

„protecţie efectivă a drepturilor omului”

XII. Ascertaining solutions issued in 2007

161.     Access to public interest information. National origin. Language. Romanians. The Civic Forum of Hungarians from
Harghita and Covasna complained about the editing and publishing by the City Hall of Sf. Gheorghe, from public funds and
only in the Hungarian language of a monthly public information magazine. They consider that the Romanian citizens in the
city were deprived of their right of access to public information and the possibility to be informed on the activity and
decisions adopted by the authorities of the local Government. The defendant showed that the public information included
in the magazine can also be accessed on the webpage of the authority and through the weekly conferences of the mayor. The
Steering Committee set down that the magazine published in Hungarian language includes, besides Decisions of the Local
Council Sfântu Gheorghe, other public interest information. In the case it was set down that a distinction was made between
persons in comparable situations, Romanian citizens of Romanian nationality and Romanian citizens of Hungarian
nationality by which is perturbed the right of access to public interest information. Through decision no. 26/09.02.2007, the
Committee ascertained the existence of a direct discrimination deed and it decided the sanctioning by warning, to issue a
recommendation in order to endeavour to publish the magazines in a bilingual version (art. 2 par. 1 and 3 of G.O. no.

137/2000, on the prevention and sanctioning of all forms of discrimination, republished).

162. Statements. Ethnic origin. Roma. Personal dignity. Romani CRISS, The European Forum of Roma and Travellers complained about the statements made by President T.B. against journalist A.P. „Hey, chick, don't you have anything to do today?" and "How aggressive was this stinking gypsy". With regard to the statements which refers to ethnic origin, the Committee retained that the phrases forming the content of the statement are offensive per se and have a humiliating effect, being an insulting appreciation tightly related to a stereotyped perception associated to an ethnic group, i.e. the Roma, similarly to generalized subjective perceptions of discriminatory nature, the kind with which this ethnic group is associated. The Committee considered that the decision to issue a private conversation falls within the right of information as part of the freedom of expression, to the extent the content of the private conversation is of public interest. The Committee did not question the good faith of T.B., but it found that the use without intention of language with discriminatory effects in the private space could have negative effects in the society by generating and unfair or degrading treatment for a community, when these formulations are made public. The Committee set down that the use of a language with discriminatory effects in the private space, without intention to discriminate, but that is subsequently made public has

negative effects in a society in which the image of persons belonging to the Roma community is negative among the majority population. The Committee set down the application of the 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