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„protecţie efectivă a drepturilor omului” of the petitioner is discrimination, resulting in an intimidating environment. Proceeding with the disciplinary inquiry and transfer subsequent to the petitioner’s complaint regarding his discrimination constituted an adverse treatment as a result of the petitioner’s notifications. The Committee ascertained that the notified deeds are direct discrimination, harassment and victimisation according to art. 2 par. 1, par. 5 and par. 7, art. 15 of G.O. no. 137/2000, republished. Against the respondents was decided to apply sanctioning by contraventional fine amounting to 1.000 RON, 400 RON and warning (art. 2 par. 1, par. 5 and par. 7, art. 15 of G.O. no. 137/2000, republished).

                                                            II.        Case-law ascertaining discrimination beyond Directive 2000/78/EC
                                                                                                            in the context of national law

60 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII

Directive 2000/78/EC has the aim of establishing a general framework of combating discrimination on grounds of religious affiliation or convictions, disability, age or sexual orientation with regard to employment and occupation, in order to implement the principle of equal treatment in member states29. The national law on non-discrimination concerns: employment conditions, criteria and requirements of recruitment, selection and promotion, access to all forms and levels of guidance, training and advanced training; social security and protection; public services or other services, access to goods and facilities; the educational system; ensuring the freedom of movement; ensuring public order; other fields of social life30 and prohibits discrimination on grounds of religion, convictions, sexual orientation, age, disability31.

1. Discrimination in the access to goods, services, facilities, personal dignity on grounds of RELIGION or CONVICTIONS

(2005) Access to places opened for the public. Swimming pool. Correlation with religion. Self-notification (ex officio). NCCD was self-notified regarding the refusal to allow access to a swimming pool to a person of Muslim religion, event which was reported in written press. Through decision no. 221 of 21.09.2005, the Committee set down that the Muslim person was wearing a bathing suit typical for his religion, made from a material identical to any other suit, but he was requested to leave the pool and its premises, requiring the intervention of police. As regards the services offered, it was set down that they were not provided under equality conditions and the actions disposed did not have an objective justification for attaining a legitimate aim. In this case was ascertained the perpetration of a direct discrimination according to art. 2 par. 1 and par. 3, art. 10 lett. f and art. 19 of G.O. no. 137/2000. Against the respondent was decided to apply the contraventional sanction of fine amounting to 1000 RON (art. 2 par. 1 and par. 3, art. 10 lett. f and art. 19 of G.O. no. 137/2000, subsequently amended and supplemented).

(2005) Association. Freedom of religion. Manifestation of religion. Self-notification (ex officio). NCCD was self-notified regarding the allegations of a group of persons by which were accused government authorities and representatives of local authorities of exercising pressure, persecution, threats because of the transition from the Orthodox cult to the Greek- Catholic one. The same reasons grounded the refusal of authorities of providing support to the Greek-Catholic community for ensuring cemetery and worship places. Through decision no. 228 of 31.08.2005, the Committee set down that the local authorities, i.e. the Local 29 Art. 1 of Directive 2000/78/EC 30 Art. 3 of G.O. no. 137/2000, republished 31 See art. 2 par. 1 of G.O. no. 137/2000, republished