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n-governmental organizations 2. Actions of partnership with non-governmental organizations III. Public’s perception regarding the discrimination phenomenon in Romania 1. Comparative analysis of surveys requested by the National Council for Combating Discrimination IV. Media coverage of discrimination cases 1. Mass-media and discrimination cases based on religion or conscience, age, disability and sexual orientation 2. The content analysis of discrimination in media coverage 3. Topics related to discrimination on sexual orientation 4. Topics related to discrimination on grounds of religion or convictions 5. Topics related to discrimination on grounds of age and disability V. Sanctions applied in the audiovisual field for breaching legal norms regarding 8 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII discrimination 1. The National Audiovisual Council and discrimination sanctions ANNEXES 1. NCCD budgets situation and budget execution during 2002 -2010 2. NCCD solutions of ascertaining discrimination under the national law of transposition of Directive 2000/78/EC during January 2003 – December 2010 and legality control of NCCD’s decisions before courts  „building trust in human rights” CHAPTER I MEASURES OF TRANSPOSING DIRECTIVE 2000/78/EC IN NATIONAL LEGISLATION 9 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA I. The context of adopting the Directive and national transposition law 1. Adoption, entry into force, transposition and reporting deadline for the implementation of the Directive 1.1.1. Directive 2000/78/EC establishing a general framework for equal treatment in employment ad occupation was adopted on 27 November 2000. The directive was published in Official Journal (L 303) of 2 December 2000. 1.1.2. According to art. 18 of Directive 2000/78/EC: Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 2 December 2003 at the latest (…)In order to take account of particular conditions, Member States may, if necessary, have an additional period of 3 years from 2 December 2003, that is to say a total of 6 years, to implement the provisions of this Directive on age and disability discrimination. (…) 1.1.3. According to art. 19 par. 1 of Directive 2000/78/EC: 1. Member States shall communicate to the Commission, by 2 December 2005 at the latest and every five years thereafter, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive”. 2. Adoption, entry into force, amendments and supplements to national law of transposing the Directive 1.2.1. The Government of Romania adopted Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination on 31 August 2000. The Ordinance was published in the Official Gazette of Romania, Part I, no. 781 of 2 September 2000 and was approved with amendments and supplements through Law no. 48/2002, published in the Official Gazette of Romania, Part I, no. 69 of 31 January 2002. 1.2.2. Following its adoption and approval through law, G.O. no. 137/2000 was also amended and supplemented through:  Government Ordinance no. 77/2003 amending and supplementing G.O. 137/2000, published in the Official Gazette of Romania, Part I, no. 619 of 30 August 2003, approved with amendments and supplements through Law no. 27/2004, published in the Official Gazette of Romania, Part I, no. 216 of 11 March 2004;  Law no. 324/2006 amending and supplementing G.O. no. 137/2000, published in the Official Gazette of Romania, Part I, no. 626 of 20 July 2006;  Emergency Ordinance no. 75 of 11 June 2008 on establishing certain measures to settle financial aspects in the system of justice, published in the Official Gazette no. 462 of 20 June 2008, approved through Law no. 76 of 1 April 2009, published in the Official Gazette no. 231 of 8 April 2009.  „protecţie efectivă a drepturilor omului” 1.2.3. Law no. 324/2006 amending and supplementing G.O. no. 137/2000 stipulates that „it transposes the provisions of Council Directive 2000/43/EC implementing the principle of equal treatment between persons, irrespective of racial or ethnic origin, published in the Official Journal of European Communities (OJEC) no. L180 of 19 July 2000 and the provisions of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, published in the Official Journal of the European Communities (OJEC) no. L303 of 2 December 2000”. II. The discrimination concept in the framework Directive (ARTICLE 2) and national law 10 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII 1. DIRECT DISCRIMINATION IN THE FRAMEWORK DIRECTIVE l 1.1. According to art. 2 par. 1 and par. 2 lett. a of the framework Directive: „(1) (1) For the purposes of this Directive, the “principle of equal treatment” shall mean that there shall be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1 (n.n religion or convictions, disability, age or sexual orientation). (2) For the purposes of paragraph 1: (a) direct discrimination shall be taken to occur when one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1” 1.1. DIRECT DISCRIMINATION IN NATIONAL LAW 1.1.1. According to art. 1 par. 2 and par. 3 of G.O. no. 137/2000 republished, the principle of equality among citizens, of exclusion of privileges and discrimination are guaranteed in the exercise of rights and regard persons in comparable situations. 1.1.2. The concept of discrimination is defined in art. 2 of G.O. no. 137/200 republished. l Art. 2 par. 1 of G.O. no. 137/2000 prohibits discrimination based on certain criteria included in a non- comprehensive list, which are among others religion, convictions, age, sexual orientation or disability. „(1) (…), discrimination means any distinction, exclusion, restriction or preference based on race, nationality, ethnic and social origin, language, religion, social category, convictions, gender, sexual orientation, age, disability, non-infectious chronic disease, HIV contamination, affiliation to a disadvantaged category, as well as on any other criterion aiming or resulting in the restriction or hindering of the recognition, use or exercise, under equality conditions, of the human rights and fundamental freedoms or of the rights recognized by the law in the political, economic, social and cultural field, or in any other fields of public life. 1.2. Prohibition of direct discrimination in the Labour Code 1.2.1. Law no. 53/2003 subsequently amended and supplemented regulates the equality principle in labour relationships and prohibits direct discrimination.  „building trust in human rights” 1.2.2. Art. 5 par. 2 of the Labour Code (Law no. 53/2003) prohibits direct ll discrimination and in par. 3 it defines direct discrimination: (2) Any direct (…) discrimination against an employee based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity shall be prohibited”. 11 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA (3) The acts and deeds of exclusion, distinction, restriction or preference, based on one or several of the criteria referred to in paragraph (2), which have the purpose or effect of denying, restraining or removing the recognition, enjoyment or exercise of the rights provided for in the labour legislation shall constitute direct discrimination. Art. 59 The dismissal of the employees shall be prohibited: a) based on (…) sexual orientation, (…), age, (…) religion, (…) disability (…). Art. 154 par. 3 When setting and providing the wage, any discrimination based on (…) sexual orientation, (…) age, (…) religion, (…) disability, (…) shall be prohibited. 2. INDIRECT DISCRIMINATION IN THE FRAMEWORK DIRECTIVE l 2.1. According to art. 2 par. 2 lett. b of the framework Directive: (b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons unless: (i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, or (ii) as regards persons with a particular disability, the employer or any person or organisation to whom this Directive applies, is obliged, under national legislation, to take appropriate measures in line with the principles contained in Article 5 in order to eliminate disadvantages entailed by such provision, criterion or practice 2.1. INDIRECT DISCRIMINATION IN NATIONAL LAW 2.1.1. The concept of indirect discrimination was introduced in anti-discrimination legislation through Government Ordinance no. 77 of 28 August 2003, amending and supplementing G.O. no. 137/2000, published in the Official Gazette no. 619 of 30 August 2003, being regulated in art. 2 par. 3. 2.2.2. According to art. 2 par. 3 of G.O. no. 137/2000, republished: l According to this ordinance, the apparently neutral provisions, criteria or practices that put at disadvantage certain persons in relation to others, based on the criteria referred to in par. (1) shall be deemed to be discriminatory, except when such provisions, criteria or practices are objectively justified by a legitimate aim and the means of attaining it are appropriate and necessary. 2.2. Prohibition of indirect discrimination in the Labour Code 2.2.1. Law no. 53/2003 subsequently amended and supplemented regulates the equality principle in labour relationships and prohibits indirect discrimination.  „protecţie efectivă a drepturilor omului” 2.2.2. Art. 5 par. 2 of the Labour Code (Law no. 53/2003) prohibits indirect l discrimination and in par. 4 it defines indirect discrimination: (2) Any (…) indirect discrimination against an employee based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity shall be prohibited. ... (4) The acts and deeds apparently based on other criteria than those referred to in paragraph (2), but which effect to a direct discrimination, shall constitute indirect discrimination. 3. HARASSMENT IN THE FRAMEWORK DIRECTIVE l 3.1. According to art. 2 par. 3 of the framework Directive 12 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII (3) Harassment shall be deemed to be a form of discrimination within the meaning of paragraph (1) , when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States. 3.1. HARASSMENT IN NATIONAL LAW 3.1.1. The concept of harassment was expressly introduced in national legislation through Law no. 27 of 5 March 2004 approving G.O. no. 77/2003 amending and supplementing G.O. no. 137/2000, published in the Official Gazette no. 216 of 11 March 2004. 3.1.2. According to art. 2 par. 5 of G.O. no. 137/2000 republished: l (5) Any behaviour based on a criterion such as race, nationality, ethnicity, language, religion, social category, convictions, gender, sexual orientation, affiliation to a disadvantaged category, age, disability, the