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„building trust in human rights” of 19.12.2005, the Committee set down that the freedom of religion includes a wide range of acts and according to ECHR case-law, the practices and rituals concern a religious behaviour exhibited through participation in offices or processions and the acts which are part of practicing a religion or a faith in a generally recognized form are protected by the European Convention. In this regard, respect for the Sabbath is part of the religious practice to which the petitioner belongs. The Committee ascertained that it cannot be retained as reasonable the impossibility of programming the exam on Sundays on grounds of distance run by the petitioners and their impossibility of

43 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA

appearing in court on Monday, the fact that through the individual participation of the petitioner the secrecy of work would not be ensured, etc. The Committee found that the notified deeds fall under art. 2 of G.O. no. 137/2000, being a differentiated treatment from the perspective of the non-discrimination principle. Also, it was recommended to SCM to take into account the principle of non-discrimination and of the freedom of thought, conscience and religion when organizing promotion exams. (art. 2 of G.O. no. 137/2000, subsequently amended and supplemented).

(2005) Employment relationships. Demotion. Convictions. Mr. I.P. complained about the fact that he was put in reserve following his participation to an unauthorized demonstration organized by the Movement for Spiritual Integration in Absolute. Outside the professional activity, the petitioner attended various yoga courses. Following his participation to a demonstration organized by MSIA, he was contraventionally sanctioned for public nuisance. The sanctioning minutes was cancelled by the court. However, the petitioner was sent before the Council of Justice and he was put in reserve because of his participation to the said demonstration. The Committee set down that although against the petitioner were stated legal provisions related to political, trade unions or religious activities, the MSIA association has no political, trade union or religious nature, does not contravene military order and discipline or public order, being charged to the petitioner the membership of the said association. Through decision no. 365 of 18.11.2005, the Committee set down that the petitioner’s putting in reserve resulted in restricting the labour right

recognized by the law, due to his affiliation to the MSIA association. In this case, the termination of labour relationships was due to the petitioner’s convictions, regarding his affiliation. The Committee ascertained that the notified deeds are direct discrimination according to art 2 par. 1 and par. 3, art. 6 lett. a of G.O. no. 137/2000 subsequently amended and supplemented. The respondent was contraventionally sanctioned by warning (art. 2 par. 1 and par. 3, art. 6 lett. a of G.O. no. 137/2000, subsequently amended and supplemented).

(2006) Employment relationships. Termination of labour agreement. Political convictions. Mr. P.I. complained about the fact that the employer terminated his labour agreement because of his political convictions. In fact, the documents submitted proved that the petitioner was discharged on grounds of withdrawal of his political support by a political group. Through decision no. 318 of 23.11.2006, the Committee set down that the measure taken against the petitioner violated his right to labour, being directly related to elements regarding political convictions. The Committee found that the notified deeds are direct discrimination according to art. 2 par. 1 and 2, art. 6 lett. a of G.O. no. 137/2000. The respondent was sanctioned by contraventional fine amounting to 4000 RON (art. 2 par. 1 and par. 2, art. 6 lett. a of G.O. no. 137/2000, subsequently amended and supplemented.

(2007) Employment relationship. Working conditions. Differentiation. Religious affiliation. Mr. B.G. complained about the treatment he was subjected to by the employer, namely the successive transfers of working place, disciplinary measures , repeated request to perform the psychological testing, disciplinary inquiry because of his membership of the Baptist religious cult. Through decision no. 172 of 07.02.2007, the Committee set down that the notification is partly grounded, namely as regards the different treatment applied to the petitioner concerning his sanctioning about an incident at work. The Committee set down that