Vezi raport EN

„building trust in human rights” (2007) Access to public services. Refusal to enroll a vehicle. Taxation. Disability. Mr. N.S., a person with severe disability (blind person) complained about the fact that the Directorate for Local Taxes and Duties refuses to enroll the vehicle he owns and it requests paying the enrollment tax, although the law regarding the protection of persons with disabilities stipulates an exemption. The respondent indicated that the car cannot be tax exempt since it is not adapted. Through decision no. 481 of 12.11.2007, the Committee set down that the law on the rights of persons with disabilities establishes a benefit for these

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

persons as regards a subsidy of the installments of a credit for purchasing a car and exemption from the payment of the fee for using public roads networks. From the standpoint of the subject who enjoys the benefits established, the legislator does not distinguish between the severe and accentuated (locomotor, visual, auditory) disability. The methodological rules for the application of the fiscal code provided that the tax exemption is applicable only to the adapted vehicle used exclusively by the person with disability (locomotor). Thus, persons in similar situations (severe or accentuated disability) were treated differently depending on the level of disability (blind in relation to locomotor) and car (adapted or not adapted), without a reasonable and objective justification. The Committee set down that the notified aspects are discrimination according to art. 2 par. 1 and par. 3, art. 10 lett. h of G.O. no. 137/2000. Also, it was decided to issue a recommendation with a view to eliminating the provisions which generate discriminatory consequences regarding certain categories of persons with severe

or accentuated disability (art. 2 par. 1 and par. 3 and art. 10 lett. h of G.O. no. 137/2000, republished).

(2008) Access to medical services. Conditions of hospitalization and treatment. Persons with mental health problems. The Association Increderea complained about the conditions of hospitalization and treatment provided to beneficiaries within the clinic for persons with mental health problems, as opposed to conditions provided in other medical units. Through decision no. 350 of 16.06.2008, the Committee ascertained that by referring through comparison the number of beds, days of hospitalization, budget allotted, etc., there is an obvious difference of underfunding the medical unit for mental health problems, which resulted in the emergence of inappropriate conditions of providing medical services. The Committee ascertained that the notified deeds are indirect discrimination according to art. 2 par. 3 and par. 4 and art. 10 lett. b of G.O. no. 137/2000. Also, it was decided to issue a recommendation to the Ministry of Health with a view to ensuring the appropriate treatment of persons suffering from mental illnesses in the clinic in question and establishing objective financing criteria of health units (art. 2 par. 3 and

par. 4 and art. 10 lett. b of G.O. no. 137/2000, republished).

(2008) Access to public interest information. Persons with disabilities. The Association 1 iunie 2001 and the Center of training for independent living in mimic-gestural language complained about the impossibility of persons with hearing impairments of having access to public interest information, in this case media information programs. Through decision no. 353 of 26.05.2008, the Committee ascertained the summoning of the Romanian Television Society by the National Audiovisual Council, summoning by which was found that the public represented by persons with hearing and speaking impairments do not benefit from the right to information, education and culture through audio-visual communication, since the subtitling or interpretation in mimic- gestural language of broadcasted information is not ensured. The Committee set down that the failure to apply the provisions of the law on the protection of persons with disabilities, particularly the adaptation and accessibility of the programs of the Romanian Television Society to the needs of persons with hearing and communication impairment leads to their discrimination in the access

to public interest information. Therefore, the failure to adapt the main informative programs to the needs of persons with hearing and communication impairments constitutes discrimination according to art. 1 par. 2 lett. c, art. 2 par.1 and par. 3, art. 10 lett. h of G.O. no. 137/2000. Against