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„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