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institutionalization or for performing a medical expertise that she should expressly require to an attending physician or an emergency service. Such a reasoning also raises the right of every patient to be properly informed about the medical care provided to him/her and which are supposed to be ensured “to the highest quality that the society has”, as decided by the Romanian legislator in law 46/2003. With regard to the particular elements of the case subject to settling, from the analyzed evidence, the Committee considered that the effect created through the approach by the defendant of the petitioner's situation, the charging of some statements which explicitly or implicitly were connected to the ethnical origin known by the defendant led to the creation of an intimidating or offensive environment. Through decision no. 149 of 07.07.2009, the Committee ascertained that the notified aspects as regards the defendant's manner of address to the petitioner fall under the provisions of art. 2 par. 5 (harassment) of Government Ordinance no. 137/2000 (art. 2 par. 5 of G.O. no. 137/2000, republished).

215. Press article. Ethnical origin. Roma. Personal dignity. Romani CRISS Association complained about the discriminatory content of a press article published in “Academia Caţavencu”. The petitioner considers that the message based on stereotypes promotes a negative image which aims to offend dignity and create a degrading, humiliating and offensive environment against the Roma minority. The defendant shows that the accused publication was issued with the clear purpose of sanctioning through (black) humour and irony the faults of Romanian society in post-communism, being a pamphlet-magazine with an ironical style, humorous, elitist and objective without aiming to offend the dignity of the Roma minority. The Committee set down that a person's ethnicity cannot be regarded as relevant in direct connection with how a person or a community of persons exercises a certain service or with the deeds he/she commits. With regard to the stereotypical association of the Roma community with the low level of education or implicit prejudices that among the community stealing is much simpler than working, it was set down that these could create unwanted effects, uselessly, over this community of persons, creating at least an offensive framework with regard to dignity. Through decision no. 87/02.06.2010, the Committee considered that the material published, with regard to the effect created could lead to

offending the right to dignity of persons belonging to the Roma community and it decided to issue a recommendation (harassment, art. 2 par. 5 of G.O. no. 137/2000, republished).

216. Statements. Ethnical origin. Roma. Personal dignity. The petitioner I.M. complains about the charging of some statements related to his ethnical origin, namely phrases like (“Gypsy, filthy, lazy, ugly”). Through decision no. 40 of 05.05.2010, the Committee ascertained that the charged statements, especially "filthy Gypsy" are a form of direct discrimination, being a distinction based on ethnical affiliation by which his right to personal dignity is breached. Subsequently, it was considered that the constitutive elements of art. 2 par. 3 and art. 15 are met and it was decided to sanction the defendant by warning (art. 2 par. 1, par. 3 and art. 16 of G.O. no. 137/2000, republished).

217. Articles. Press. Statements. Ethnical origin. Roma. Personal dignity. The Roma Party Pro Europe, through legal representative complained about the articles published in the newspaper Jurnalul National („Gypsy” instead of „Roma” and „From Roma to referendum”), considering that their content incite to discrimination, racism, xenophobia against Roma origin persons. The Committee set down that the content of the charged statements deepen negative stereotypes about Roma who are considered criminals, compared to persons belonging to the majority population, presented positively. The ethnical affiliation of a person cannot be regarded as relevant to the perpetration of certain deeds, especially by suppressing the tasks related to national affiliation (citizenship) in relation to some person and charging a certain ethnic origin in relation to others, given that both are the citizens of the same state. Through decision no. 20 of 04.05.2010, the Committee ascertained that the notified deeds are direct discrimination according to art. 2 par. 1 and they infringe the right to dignity according to art. 15 of G.O. no. 137/2000. It was also decided to issue a recommendation to the defendant (art. 2 par. 1 and art. 15 of G.O. no. 137/2000, republished).

218.      Posting of employment notices on the internet. Restriction. Ethnical origin. Roma. Romani Criss and the
association Roma Youth for Unity, Solidarity and Transparency complained about the publishing on a specialized site of
certain employment notices which mention „Roma are excluded”. The Committee set down that the said notice is an
exclusion based on ethnical affiliation which results in restricting the access to a workplace and its publishing is an active
behaviour that, through the effects it generates unduly disfavours one group of persons to other groups of persons. Through
decision no. 127 of 07.07.2010, the Committee ascertained that the notified deeds are direct discrimination according to
art. 2 par. 1 and 4 and it decided sanctioning by warning and by issuing a recommendation (art. 2 par. 1 and 4 of G.O. no.
137/2000, republished).

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