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s”. 4.3.3. According to art. 23 par. 1 of Law no. 489/2006: l The cults elect, appoint, employ or dismiss their personnel according to their own statutes, canonical codes or regulations. l 4.3.4. Also, according to art. 32 of law no. 489/2006: (1) In the state and private education system, religion is taught through the law of recognized cults. (2) The educational personnel who teach religion in state schools shall be appointed through the agreement of the cult they represent, under the law. (3) In case a teacher commits a serious offence against the policy or ethics of the cult, the cult may withdraw its approval for teaching religion, which results in the termination of the individual labour agreement. (4) Upon request, when the management of the school cannot provide religion teachers belonging to the cult of the pupils, they can prove that they study their own religion through a certificate issued by the cult they belong to.  „building trust in human rights” V. Reasonable accommodation for disabled persons (ARTICLE 5) and national law 1. REASONABLE ACCOMMODATION IN THE FRAMEWORK DIRECTIVE 17 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA 5.1.1. Art. 5 of the Directive regulates the concept of reasonable accommodation l and stipulates: In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, reasonable accommodation shall be provided. This means that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the disability policy of the Member State concerned. 2. REASONABLE ACCOMMODATION IN NATIONAL LAW 5.2.1. G.O. no. 137/2000 republished does not include a clear provision regarding reasonable accommodation. 3. LAW REGARDING THE RIGHTS OF DISABLED PERSONS 5.2.2. The concept of reasonable accommodation at work is included expresis verbis in art. 5 point 4 of Law no. 448 of 6 December 2006 on the protection and promotion of the rights of disabled person (law republished with subsequent amendments and supplements). l Through reasonable accommodation at work is understood „all modifications made by the employer to facilitate the exercise of the labour right of the disabled person; it involves changing the work program, purchasing equipment, devices, assistive technologies and other such measures”. 5.2.3. Also, according to art. 6 lett. c and art. 83 par. 1 lett. b of Law no. 448/2006: l Disabled persons seeking employment or employed shall benefit from the right to reasonable accommodation at work. VI. Positive action in the framework Directive (ARTICLE 7) and national transposition law 1. POSITIVE ACTION IN THE FRAMEWORK DIRECTIVE 6.1.1. Art. 7 of the framework Directive regulates the concept of positive action and specific measures and stipulates:  l „protecţie efectivă a drepturilor omului” With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to any of the grounds referred to in Article 1. With regard to disabled persons, the principle of equal treatment shall be without prejudice to the right of Member States to maintain or adopt provisions on the protection of health and safety at work or to measures aimed at creating or maintaining provisions or facilities for safeguarding or promoting their integration into the working environment. 2. POSITIVE ACTION IN NATIONAL LAW 6.2.1. According to art. 2 par. 9 of G.O. no. 137/2000 republished: l Măsurile luate de autorităţile publice sau de persoanele juridice de drept privat în 18 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII favoarea unei persoane, unui grup de persoane sau a unei comunităţi, vizând asigurarea dezvoltării lor fireşti şi realizarea efectivă a egalităţii de şanse a acestora în raport cu celelalte persoane, grupuri de persoane sau comunităţi, precum şi măsurile pozitive ce vizează protecţia grupurilor defavorizate nu constituie discriminare în sensul prezentei ordonanţe. 6.2.2. G.O. no. 137/2000 republished defines the term of disadvantaged category in art. 4 and stipulates: l For the purpose of this ordinance, disadvantaged category is that category of persons either in a position of inequality in relation to most citizens, because of their identity differences from the majority, or faced to a behaviour of rejection and separation. 3. THE LAW REGARDING THE RIGHTS OF DISABLED PERSONS 6.3.1. The Romanian legislator regulated distinctly the rights and obligations of disabled persons with a view to their integration and social inclusion. Law no. 448 of 6 December 2006 concerns the protection and promotion of rights of disabled persons (law republished with subsequent amendments and supplements). 6.3.2. According to art. 4 lett. a-c of Law no. 448/2006, republished with subsequent amendments and supplements: : l „The protection and promotion of the rights of disabled persons are based on the following principles: (…) b) preventing and combating discrimination; c) equality of opportunities; d) equality of treatment with in employment and occupation; (…) p) integration and social inclusion of disabled persons, with equal rights and obligations as all others members of the society”. 6.3.3. Chapter V of Law no. 448/2006 regulates the rights of disabled persons as regards guidance, vocational training, occupation and employment l Art. 72 par. 1: „Any disabled person who wants to integrate or reintegrate into work has free access to professional assessment and guidance, irrespective of age, type and level of disability.”  l „building trust in human rights” Art. 75 par. 1: „Disabled persons are entitled to have established all conditions of choice and exercise of their profession, trade or occupation, in order to acquire and maintain employment and advance in their profession”. Art. 78 par. 1: „Disabled persons may be employed according to their professional training and capacity, as endorsed through the certificate of disability level, issued by assessment committees (…)” Art. 80: „Disabled persons employed at home will have ensured by their employer the 19 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA transportation to and from their residence of raw materials and other materials needed in their activity and of end products achieved”. Art. 83 par. 1: „Disabled persons seeking employment or employed benefit from the following rights: a) professional training courses; b) reasonable accommodation at work; c) counseling in the period prior to employment and during employment and in the probation period from a counselor specialized in mediation at work; d) a paid probation period on employment, of at least 45 working days; e) a paid notice period, of minimum 30 working days provided on termination of the individual labour agreement for non- attributable reasons; f) the possibility of working less than 8 hours per day, under the law, in case it is so recommended by the assessment committee”. l 6.3.4. Also, according to law no. 448/2006, republished with subsequent amendments and supplements, the employers of disabled persons benefit from certain rights. Thus, according to art. 84 of Law no. 448/2006: The employers of disabled persons benefit from the following rights: a) deduction, in calculating taxable income, of sums corresponding to the accommodation of protected workplaces and to acquisition of machinery and equipments used in production by the disabled person; b) deduction, in calculating taxable income, of transportation expenses of disabled persons from their residence to work and expenses with the transportation of raw materials and end products to and from the residence of the disabled person employed to work at home; c) settlement from the unemployment budget of particular expenses of training, professional guidance and employment of disabled persons. d) a state grant, under the requirements of Law no. 76/2002 regarding the system of unemployment insurance and encouragement of occupation, subsequently amended and supplemented. VII. Minimal requirements in the framework Directive (ARTICLE 8) and national transposition law 1. MINIMAL REQUIREMENTS IN THE FRAMEWORK DIRECTIVE 7.1.1. According to art. 8 of the Framework directive: l Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.  „protecţie efectivă a drepturilor omului” 2. „AGGRAVANTES CIRCUMSTANCES” IN THE NATIONAL LAW 7.2.1. The national law introduces inherently the concept of multiple discrimination and regulates discrimination on two or more grounds as an aggravating circumstance in establishing contraventional liability. According to art. 2 par. 6 of G.O. no. 137/2000 republished (introduced by G.O. no. 77/2003): l When establishing the contraventional liability, any distinction, exclusion or preference based on two or more criteria stipulated in par (1) is an aggravating circumstance, if one or more of their constituents are not subject to criminal law. VIII. Means of appeal and defence of rights in the framework Directive 20 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII (ARTICLE 9) and national transposition law 1. „JUDICIAL AND ADMINISTRATIVE PROCEDURES” IN THE DIRECTIVE 8.1.1. According to art. 9 par. 1 of the framework Directive: l Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. 2. NATIONAL LAW AND JUDICIAL AND ADMINISTRATIVE PROCEDURES 8.2.1. The procedure of settling discrimination cases is regulated by art. 20 of G.O. no. 137/2000 republished. The person who consider himself/herself to be discriminated may apply to the National Council for Combating Discrimination with a petition for ascertaining and sanctioning discrimination or mediation. Also, the person who deems himself/herself to be discriminated may apply to justice with a request for damages, under the requirements of art. 27 of G.O. no. 137/2000, republished. 8.2.2. The National Council for Combating Discrimination adopted the Internal procedure of settling petitions and notifications, published in the Official Gazette no. 348 of 6 May 2008. The requests applied in justice pertaining to damages caused through discrimination deeds shall be settled according to ordinary law. 3. THE CAPACITY TO PURSUE THE PROCEEDINGS IN THE FRAMEWORK DIRECTIVE l 8.3.1. According to art. 9 par. 2 of the framework Directive: