Romania
Romania does not collect official data on hate crimes by bias motivation. The equality body is the only one to collect relevant statistics for its own case law, but has recently registered delays in publishing their annual report (for 2011) where such statistical data was presented. There is no statistic available for discrimination cases before civil courts. In general, aside from the census, authorities do not collect ethnic data for policy making purposes, on account of personal data protection legislation.
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Racist violence - Hate Speech Statistics
There is no official data collection and information gathering mechanism that addresses racist crime throughout the judicial system.
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Overall numbers of racist & hate crime
There is no official data collection and information gathering mechanism that addresses specifically racist hate crime throughout the judicial system.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- Africans/black people
- National minorities
Type (R/D)
- Extremism - organised Racist Violence
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.crj.ro/Resurse-interne/
See other countriesSee indicator history -
Deaths/killings
There is no official data collection and information gathering mechanism that addresses specifically racist hate crime.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- Africans/black people
- National minorities
Type (R/D)
- Extremism - organised Racist Violence
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.crj.ro/Resurse-interne/
See other countriesSee indicator history -
Court cases on racist - hate crime
There is no official data collection and information gathering mechanism that addresses specifically racist hate crime.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- Africans/black people
- National minorities
Type (R/D)
- Extremism - organised Racist Violence
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.crj.ro/Resurse-interne/
See other countriesSee indicator history
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Overall numbers of racist & hate crime
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Discrimination Statistics
The equality body collects data with regards to its own caselaw, but the courts do not have indicators regarding the number of cases of discrimination brought in civil proceedings.
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Complaints regarding ethnic discrimination received by Equality Body/Agency/Court
In 2012, 61 complaints regarding ethnicity, 49 regarding nationality and 43 regarding language (in certain cases this can act as a proxy for nationality in Romania) reported by the Equality Body - National Council for Combating Discrimination
Numbers of cases 110Qualitative Info
Only the NCCD (the equality body - National Council for Combating Discrimination) reports on the number of complaints regarding discrimination. Judicial statistics do not have indicators regarding the number of cases of discrimination.
According to the NCCD, in 2012 a number of 61complaints regarding ethnicity, 49 regarding nationality and 43 regarding language (in certain cases this can act as a proxy for nationality in Romania) were filed with the institution. Regarding the areas of discrimination, the majority of the complaints were related to personal dignity (42-ethnicity, 28-nationality, 9-language). [1]
Source:
- [1] Address No. 338/11.02.2013 from the National Council for Combating Discrimination to the Center for Legal Resources (on file with the expert).
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
- National minorities
Type (R/D)
- Anti-roma/zinghanophobia
- Nationalism
Key socio-economic / Institutional Areas
- Anti-discrimination
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Number of cases where ethnic discrimination was found/established by Equality Body/Agency/Court
In 2012 at the equality body - National Council for Combating Discrimination - discrimination on the ground of ethnicity was found in 26 cases, on nationality in 13 cases and on the ground of language in 21 cases (in certain cases language can act as a proxy to nationality in Romania).
Numbers of cases 39Qualitative Info
Only the NCCD (equality body - National Council for Combating Discrimination) reports on the number of cases regarding discrimination. Judicial statistics do not have indicators regarding the number of cases of discrimination.
According to the NCCD, in 2012 discrimination on the ground of ethnicity was found in 26 cases, on nationality in 13 cases and on the ground of language in 21 cases (in certain cases language can act as a proxy to nationality in Romania).
Source:
- Address No. 338/11.02.2013 from the National Council for Combating Discrimination to the Center for Legal Resources (in file with the expert).
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
- National minorities
Type (R/D)
- Anti-roma/zinghanophobia
- Nationalism
Key socio-economic / Institutional Areas
- Anti-discrimination
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Cases solved / corrected / settled
In 2012, 705 solutions were issued by the equality body - National Council for Combating Discrimination. This number inludes all types of situations claimed in certain cases (there were cases where, within a decision, the NCCD issued more solutions).
Qualitative Info
This number covers all grounds of discrimination. Out of the 705 solutions, 113 regarded finding discrimination, 206 not finding discrimination, 140 the closure of the files, 14 the admission of the exeption of lack of legal standing and 4 correction of the material error.
Source:
- Address No. 338/11.02.2013 from the National Council for Combating Discrimination to the Center for Legal Resources (on file with the expert).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- National minorities
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Anti-roma/zinghanophobia
- Religious intolerance
- Inter-ethnic
- Nationalism
- Homophobia
- On grounds of disability
- On grounds of other belief
- Anti-roma/ romaphobia
- Xenophobia
Key socio-economic / Institutional Areas
- Employment - labour market
- Housing
- Health and social protection
- Education
- Media
- Internet
- Sport
- Political discourse -parties - orgs
- Anti-discrimination
- Anti-racism
- Religion
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Sanctions imposed / compensations / awards attributed-received
For 2012, the NCCD reported issuing 58 written warnings, 35 administrative fines ranging from RON600 (EUR135) to RON8,000 (EUR1780), 55 recommendations and monitoring in 3 cases.
Numbers of cases 93Qualitative Info
Only sanctions imposed by the NCCD are reported. The civil compensations awarded in cases of discrimination decided by court are not reported separately in judicial statistics.
For 2012, the NCCD reported issuing 58 written warnings, 35 administrative fines ranging from RON600 (EUR135) to RON8,000 (EUR1780), 55 recommendations and monitoring in 3 cases. There are cases where, within a decision, the NCCD can issue more of the above (for example: warning and recommendation).
Source:
- Address No. 338/11.02.2012 from the National Council for Combating Discrimination to the Center for Legal Resources (on file with the expert).
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
- National minorities
Type (R/D)
- Anti-semitism
- Anti-roma/zinghanophobia
- Religious intolerance
- Nationalism
- Homophobia
- On grounds of disability
- On grounds of other belief
- Anti-roma/ romaphobia
- Xenophobia
Key socio-economic / Institutional Areas
- Employment - labour market
- Housing
- Health and social protection
- Education
- Media
- Internet
- Sport
- Political discourse -parties - orgs
- Anti-discrimination
- Religion
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ECtHR cases - decisions art.14 etc.
Examples of cases decided by the European Court of Human Rights.
Qualitative Info
In the last five years, the European Court of Human Rights found Romania in violation of Art.14 of the ECHR in five cases. Two of them do not relate to minority rights. Two of the remaining cases deal with police abuses against Roma people, while the third case is about discrimination against Greek-Catholics in access to justice.
Stoica v Romania is a case that originated in an application introduced in 2002, about facts that occured between 1997-1998. The Court found a procedural violation of Art.14, with regards to the fact that the criminal investigation did not take into account the allegations of racist violence against Roma on behalf of the authorities. More importantly, the Court found a substantial violation of Art.14 stating that the police officers' behaviour was not racially neutral during the incidents and the criminal investigations. The Court stated that:
"129. The Court finds thus no reason to consider that the applicant’s aggression by the police officers was removed from this racist context.
130. For all these reasons, the Court considers that the burden of proof lies on the Government, regard having had to all the evidence of discrimination ignored by the police and the military prosecutor and the above conclusion of a racially biased investigation into the incidents.
131. Therefore, in the present case the evidence indicating the racial motives behind the police officers’ actions is clear and neither the prosecutor in charge with the criminal investigation nor the Government could explain in any other way the incidents or, to that end, put forward any arguments showing that the incidents were racially neutral."Cobzaru v Romania is a case that originated in an application introduced in 1999, about facts that occured between 2001-2002. The Court found a violation of Art.14 with regards to the failure of the law enforcement agents to investigate possible racial motives in the applicant's ill-treatment combined with their attitude during the investigation. Although the Court found that "96. ...the prosecutors in the present case did not have before them prima facie plausible information of hatred-induced violence requiring investigation into possible racist motives in the events", the general context that indicates numerous anti-Roma incidents that often involve State agents and anti-discrimination policies adopted should have been enough for the investigating authorities to take special care in investigating possible racist motives behind the violence (para.97).
Sambata Bihor Greco-Catholic Parish v Romania is a case that originated in an application introduced in 1999, about facts that occured between 1995-1998 based on the Decree No.126/1990 and Decree No.9/1989 abolishing the Decree No.358/1948. The complaint was about the effects caused by a procedural condition imposed on cases dealing with the use of worship places by Greco-Catholic and Orthodox parishes in villages where the Greco-Catholic church was nationalized in the past - the disputes could not be solved in court, but rather through mediation. The Court did not assess whether this procedural condition was discriminatory or not, it only stated that it has discriminatory effects because different courts throughout the country apply it differently.
Groups affected/interested
- Roma & Travelers
- Religious minorities
Type (R/D)
- Anti-roma/zinghanophobia
- Religious intolerance
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Religion
External Url http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en
See other countriesSee indicator history -
Cases - investigations before other EU and international bodies (European Committee for Social Rights - UN HRC - CAT etc.)
UN Committee on the Elimination of Racial Discrimination, Concluding Observations to Romania (2010)
Qualitative Info
While noting different measures taken by the Romanian Government, the Committee recommended the State to provide information about the impact in practice of the measures to combat discrimination and for social inclusion of vulnerable groups. The Committee also urged the State to make sure that the measures taken in the context of economical and financial crisis do not impact refugees, immigrants, minorities, especially Roma minority, disproportionately. With regards to institutional framework in the field of anti-discrimination, the Committee pointed out to the fact that the National Council for Combating Discrimination should be brought in compliance with the Paris Principles and its mandate and the one of the Ombudsperson should be clarified in order to avoid overlapping competences.
Source:
- UN Committee on the Elimination of Racial Discrimination, Concluding Observations to Romania (2010), paras.9-12, CERD/C/ROU/CO/16-19, available at http://www.ohchr.org/EN/countries/ENACARegion/Pages/ROIndex.aspx (Accessed on 27.12.2011.)
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Anti-semitism
- Anti-roma/ romaphobia
- Xenophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
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Decisions-Infringment procedures initiated before the European Court of Justice
Court of Justice of the European Union, Case C-81/12 Accept Association v National Council for Combating Discimination.
Qualitative Info
In 2010, George Becali, the principal owner of Steaua football club, declared that ‘Not even if I had to close Steaua down would I accept a homosexual on the team'.
Mr. Becali was member of the European Parliament till December 2012 when he was elected as a member of the Romanian Parliament. He is also the politician with most discriminatory statements before the equality body, covering various grounds of discrimination (see also chapter on political parties within RED).
Regarding his homophobic statement mentioned above, ACCEPT Association, a Romanian LGBT rights organisation complained against him and the Steaua football club to the Romanian Equality Body - the National Council for Combating Discrimination (NCCD). The Council found discrimination but issued only a written warning and no administrative fine, arguing that, according to the Romanian law on the legal regime on sanctions, a fine can not be imposed after more than six months from the date of the fact. Moreover, the Council rejected the complaint against the football club.
ACCEPT Association appealed the NCCD's decision at the Bucharest Court of Appeal. The Court referred the case for preliminary ruling to the Court of Justice of the EU in Luxembourg in order to question it on the interpretation of the provisions of the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. The hearing at the Court took place on 23 January 2013.
The case is pending. Also because there are not many cases before the ECJ on sexual orientation, this case is considered to be of great significance.
Sources:
- Open Society Foundations, Football and Anti-Gay Bigotry in the European Union, 22 January 2013, available at http://www.opensocietyfoundations.org/voices/football-and-anti-gay-bigotry-european-union (accesed at 25.02.2013).
- Official Journal of the European Union, Case C-81/12 Asociaţia Accept v Consiliul Naţional pentru Combaterea Discriminării, availlable at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:126:0006:0007:EN:PDF (accesed at 25.02.2013).
- Realitatea.net, Lovitură cumplită pentru Gigi Becali judecat la Curtea de Justitie a UE, 23 January 2013, available at http://www.realitatea.net/gigi-becali-curtea-de-justitie-a-uniunii-europene-accept-homosexual_1096763.html (accesed at 25.02.2013)
- Accept Romania, First Romanian discrimination case on the grounds of sexual orientation analyzed by the European Court of Justice, available at: http://accept-romania.ro/en/stiri/primul-caz-romanesc-de-discriminare-pe-criteriul-orientarii-sexuale-analizat-de-cjue/ (accessed at: 25.02.2013)
Groups affected/interested
- Lesbian, Gay, Bisexual and Transgender
Type (R/D)
- Homophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
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Complaints regarding ethnic discrimination received by Equality Body/Agency/Court