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Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?

Code:
RED114
Key Area:
Public Life, Culture, Sport & Media
Strand(s):
Discrimination, Equality
15/02/2012 - 20:54
Short Answer

In 2011, census legislation was amended making it unclear whether self-identification with regards to minority/ethnicity/language is the only criterion for registering these characteristics during census. However, the guidelines for the 2011 census reviewers were clear that they should only register this information as declared by the person and not make suppositions about the person's ethnicity, etc.

Qualitative Info

Article 12 of Government Ordinance No.36/2007 regarding the carrying out of the population and houses census in Romania in 2011 (Ordonanta nr. 36/2007 privind efectuarea recensamantului populatiei si al locuintelor din Romania in anul 2011) used to provide that self identification is the only way of registering ethnicity at population census of October 2011. However, in March 2011, this article was amended by Government Emergency Ordinance No.34 of 30 March 2011, which took out the provision regarding selfidentification. Consequently, the law stays unclear, even though the law states on the principle of confidentiality and the need that the person gives consent for institutions to use data regarding ethnicity, religion and mother tongue (Art.121 of the GEO No.34/2011). A good development is that the census reviewer's guide states clearly on the principle of selfidentification of the person's ethnicity, religion and mother tongue (the document is available at http://www.recensamantromania.ro/wp-content/uploads/2011/07/manual-rpl_pag94-121.pdf, p.113).

Groups affected/interested Ethnic minorities
Type (R/D) Nationalism
Key socio-economic / Institutional Areas Anti-discrimination
External Url http://www.recensamantromania.ro/wp-content/uploads/2011/04/Ordonanta-de-Guvern-nr-36-RPL-si-Legea-de-aprobare.pdf; http://www.recensamantromania.ro/wp-content/uploads/2011/10/OUG_34_2011.pdf
Situation(s)
Library