Vezi raport EN

uilding trust in human rights” Fig. 3 Percentage of complaints filed to NCCD on grounds of Directive 2000/78/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Criterion Religion 1,49% 1,90% 2,54% 2,87% 1,85% 1,43% 1,79% 1,13% 1,25% Convictions 2,98% 2,53% 6,51% 4,97% 1,85% 1,19% 1,67% 2,46% 0,83% 35 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA Disability 2,23% 6,55% 5,09% 5,49% 4,62% 8,37% 6,57% 9,28% 7,94% Age 4,47% 2,32% 3,96% 4,45% 2,31% 1,19% 2,86% 1,89% 1,88% Sexual orientation 0,74% 1,05% 1,69% 2,35% 1,38% 0,83% 0,71% 1,13% 0,83% Total NCCD complaints 134 473 353 382 432 836 837 528 478 III. Solutions of admitting complaints on grounds of religion, convictions, disability, age, sexual orientation Given the scope of national law (protection against discrimination beyond the objective of Directive 2000/78/EC – labour relationships), NCCD ascertained discrimination deeds falling under employment relationships, but also in relation to access to goods and services or other fields (social protection, health, education, protection of personal dignity). Fig. 4 Discrimination complaints and ascertainments (ex officio): RELIGION/CONVICTIONS 2002 2003 2004 2005 2006 2007 2008 2009 2010 No. of complaints 6 21 32 30 16 22 29 19 10 No. of ascertainments labour - 1 2 4 1 2 4 3 1 No. of ascertainments goods, services, dignity - - - 2 1 3 - 2 1 Percentage - 3,84% 6,25% 20% 12,6% 22,7% 13,7% 26,3% 20% Fig. 5 NCCD complaints and ascertainments (ex officio) discrimination: DISABILITY 2002 2003 2004 2005 2006 2007 2008 2009 2010 No. of complaints 3 31 18 21 20 70 55 49 38 No. of ascer- tainments labour - - 1 1 - 3 - 4 1 Goods, services, dignity - - - 2 2 3 5 3 6 Percentage - - 5,5% 14,2% 10% 8,5% 9,09% 18,5% 18,4%  „protecţie efectivă a drepturilor omului” Fig. 6 NCCD complaints and ascertainments (ex officio) discrimination: AGE 2002 2003 2004 2005 2006 2007 2008 2009 2010 No. of complaints 6 11 14 17 10 10 24 10 9 No. of ascer- tainments labour - 1226 5 16 5 5 5 - 1 Goods, services, dignity - 1 - - 1 - 2 - 1 22,2 Percentage 54,4% 35,7% 94,1% 60,0% 50,0% 29,1% - % 26 36 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII Fig. 7 NCCD complaints and ascertainments discrimination: SEXUAL ORIENTATION 2002 2003 2004 2005 2006 2007 2008 2009 2010 No. of complaints 1 5 6 9 6 7 6 6 4 No. of ascer- tainments labour - - - - - 1 - - - Goods, services, dignity - - 1 4 - 2 1 1 1 Percentage - - 16,6% 44,4% - 42,8% 16,6% 16,6% 25% IV. Fields in which discrimination was exhibited in cases ascertained by NCCD As it can be noted from Fig, 8, most discrimination cases concerned employment requirements, especially those that imposed selection criteria based on age, without being an occupational requirement for that position. For most persons with disabilities, the majority of cases took into account not providing the reasonable accommodation in the access to competitions for filling a positions and not providing the reasonable accommodation at work. Personal convictions (in particular political convictions) constituted in some cases reasons for deciding disciplinary inquiries and ultimately for terminating the labour agreement. As regards discrimination on grounds of sexual orientation, one case was found regarding the disclosure of the sexual orientation of an employee, i.e. the disciplinary inquiry and sanctioning on this ground. 26 In 5 cases discrimination was ascertained as a result of complaints and in 7 cases as a result of NCCD’s self-notification  „building trust in human rights” Fig. 8 Discrimination fields in cases UNDER Directive 2000/78/EC Religion/convictions Disability Age Sexual orientation Fields Employment announcement/Requirements 1 - 32 - Competition/Requirements/Refusal 3 1 6 - 37 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA Disciplinary inquiry/Sanctions 5 - - 1 Termination of labour agreement 4 1 4 - Demotion 1 - - Promotion 1 - 3 - Vocational training - - 3 - Wage 3 - - Not adapted workplace - 2 - Retirement requirements - 1 1 - Total 18 10 49 1 With regard to discrimination cases ascertained by NCCD, but which are beyond the scope of Directive 2000/78EC, these can be followed in the tables below: Fig. 9 Discrimination fields in cases NOT UNDER the framework Directive RELIGION/CONVICTIONS Fields Access to public services Education Access to public places Dignity Granting of burial place 1 School manual content 1 Swimming pool 1 Public statements 1 Granting of land plot church 1 Study rooms. Symbols 1 Granting of funds cults 1 Public interest information 1 Total 9 Fig. 10 Discrimination fields in cases NOT UNDER the framework Directive DISABILITY Fields Access to public services Education Access to goods and services Dignity Social services (home) 1 Exclusion from class 1 Taxi transport 1 Public statements 1 Medical services (treatment) 1 Enrollment refusal 1 Free transport 1 Public posting 1 Classification of disability level 1 Signaling system 1 Taxation (benefit) 3 Access to cabinet 1 Social rights 3 Banking account and card 2 Accessible parking 1 Bank loan 1 Public interest information 1 Total 22  „protecţie efectivă a drepturilor omului” Fig. 11 Discrimination fields in cases NOT UNDER the framework Directive AGE Fields Access to public services TV contest Access to goods and services Dignity Medical services (treatment) 2 Participation requirements 1 Swimming pool 1 - Owners’ association 1 Total 5 Fig. 12 Discrimination fields in cases NOT UNDER the framework Directive SEXUAL ORIENTATION Fields Access to medical services Access to goods and services Dignity 38 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII Blood donor criteria 2 Flight ticket facilities 1 Public statements 7 Total 10 • A summary of discrimination cases based on religious affiliation or convictions, disability, age or sexual orientation ascertained by the National Council for Combating Discrimination can be studied in the following chapter. V. Discrimination forms in cases ascertained by NCCD In the approximately 122 cases, NCCD ascertained different forms of discrimination including direct discrimination, indirect, multiple discrimination, the instruction to discriminate, harassment and victimisation. We must mention that in some cases were ascertained cumulatively several forms of discrimination. Also, we must mention that the national law, compared to Directive 2000/78/EC prohibits also the active or passive behaviour by which a group a person is put at disadvantage without justification or personal dignity is offended, based on the forbidden criteria, including those laid down in Directive 2000/78/EC. Fig. 13 Discrimination forms in cases ascertained by NCCD EMPLOYMENT RELATIONSHIPS Religion/convictions Disability Age Sexual orientation Form Direct discrimination 12 7 38 1 Indirect discrimination 4 2 2 - Instruction to discriminate 3 - - - Multiple discrimination - - 14 - Harassment 2 - 1 1 Victimisation - - - 1 Active or passive behaviour which puts at disadvantage 4 3 22 -  „building trust in human rights” Fig. 14 Discrimination forms in cases ascertained by NCCD GOODS, SERVICES Religion/convictions Disability Age Sexual orientation Form Direct discrimination 5 16 6 6 Indirect discrimination 2 5