Romania - 2012
Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
- Code:
- RED2
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Racism, Discrimination
| Short Answer |
YES |
| Qualitative Info |
Definition of direct discrimination: Art.2.(1) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “...discrimination represents any distinction, exclusion, restriction or advantage, based on the race, nationality, ethnicity, language, religion, social category, beliefs, sex or sexual orientation, age, disability, chronic non-contagious illness, infection with HIV or the belonging to a disadvantaged category or any other criteria, which has as goal or effect the restriction or elimination of acknowledgement, of use or exercise, in equal conditions, of the human rights and fundamental freedoms recognized by the law, in the domain of politics, economy, society, culture or in any other domain of public life.” Definition of indirect discrimination: Art.2.(3) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “The present ordinance deems as discriminatory those apparently neutral provisions, criteria or apparently neutral practices which disadvantage certain persons, based on the criteria stated at paragraph 1, as opposed to other persons, unless these provisions, criteria or practices are objectively justifiable by a legitimate purpose, and the means of reaching that purpose are adequate and necessary.” Definition of harassment: Art.2.(5) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “Represents harassment and it is administratively sanctioned any behaviour on the criteria of race nationality, ethnicity, language, religion, social category, belief, gender, sexual orientation, belonging to a disadvantaged category, age, handicap, refugee status, or asylum status, or any other criterium that leads to creating an intimidating, hostile, degrading or offensive environment." Definition of instruction to discriminate: Art.2.(2) of the Governmental Ordinance No.137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007: “The order to discriminate persons on any of the criteria prescribed at paragraph 1 is discrimination according to the present ordinance." |
| 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 |
| 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 |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Integration - social cohesion, Daily life, Religion |
| External Url | http://cncd.org.ro/legislatie/?language=en |
| Situation(s) |
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