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„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

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