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Are there any problems concerning the implementation of national legislation prohibiting discrimination?

Code:
RED18
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
15/02/2012 - 09:27
Short Answer

YES

Qualitative Info

The most recently published independent assessment was done by the European network of legal experts in the non-discrimination field - "Report on Measures to Combat Discrimination. Directives 2000/43/EC and 2000/78/EC. Country Report 2010. Romania". The report points out to positive developments, but also identifies some areas where more work should be done:

  1. "The governmental institutions do not have as an objective promoting dialogue with social partners to give effect to the principle of equal treatment within the workplace." (p.136)
  2. "[T]he Romanian legal framework registers currently a de facto gap in the protection against discrimination determined by legislative provisions which fall outside the scope of the EU acquis on anti-discrimination. Following the decisions of the Romanian Constitutional Court, the national equality body and the civil courts can no longer review discriminatory norms containing provisions contrary to the principle of equality, only the Constitutional Court has this possibility in limited situations. (p.137)

 

Source:

European Network of Legal Experts in the Non-discrimination Field, Romanita Iordache, Report on measures to combat discrimination Directives 2000/43/EC and 2000/78/EC, available at: http://non-discrimination.net/content/media/2010-RO-Country%20Report%20LN_final.pdf (16.02.2012)

 

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, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Anti-discrimination
External Url http://non-discrimination.net/content/media/2010-RO-Country%20Report%20LN_final.pdf
Situation(s)
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