National Council for Combating Discrimination
Encyclopedia
Government of Romania
The Government of Romania forms one half of the country's executive branch . It is headed by the Prime-Minister, and consists of the Ministries, various subordinated institutions and agencies, and the 42 Prefectures...
, established in 2001 and responsible for applying Romanian and European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
anti-discrimination laws and managing the National Anti-Discrimination Plan. The legal status of the CNCD was established by the anti-discrimination law of 2000 (Law 137/2000) and subsequently amended in 2006. According to the law, the Council reports to the parliament and is politically independent. It has often ruled against government institutions at various levels (particularly local councils).
The CNCD is based in Bucharest
Bucharest
Bucharest is the capital municipality, cultural, industrial, and financial centre of Romania. It is the largest city in Romania, located in the southeast of the country, at , and lies on the banks of the Dâmbovița River....
, its offices being located in Valter Mărăcineanu Square. It is headed by Csaba Asztalos (himself an ethnic Hungarian) and employs 49 other members of staff.
Anti-discrimination rulings
An individualNatural person
Variously, in jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization that the law treats for some purposes as if it were a person distinct from its members or owner...
or other legal entity can bring forward a case of discrimination to the CNCD within one year of the case or event occurring. The CNCD is obliged, within 90 days, to investigate the case and rule on whether anti-discrimination laws were breached. The anti-discrimination law covers discrimination based on: race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, age, disability, HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
/AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
status, and any other criteria which restrict human rights, equalities and fundamental liberties. If discrimination is proven to have occurred, the Council can issue a fine or a warning. If discrimination was directed towards an individual person, fines range between 400 and 4000 lei, while if an entity discriminated against a group of people or a community (e.g. an ethnic minority in general), fines range between 600 and 8000 lei.
Further compensation claims for discrimination are not decided by the CNCD, but rather by the court system, even though, in such cases, the CNCD's ruling plays an important role in ascertaining whether discrimination took place. The CNCD's rulings and fines can also be appealed in court.
Notable rulings of the Council include:
- In August 2004, the CNCD fined the city government of Miercurea-CiucMiercurea-CiucMiercurea-Ciuc is the county seat of Harghita County, Romania. It lies in the Székely Land, an ethno-cultural region in eastern Transylvania, and is situated in the Olt River valley.The city administers three villages:* Ciba / Csiba...
4000 leiRomanian leuThe leu is the currency of Romania. It is subdivided into 100 bani . The name of the currency means "lion". On 1 July 2005, Romania underwent a currency reform, switching from the previous leu to a new leu . 1 RON is equal to 10,000 ROL...
for the forced eviction of 140 Roma people and their relocation to a hazardous area near a facility for treating wastewater. The CNCD ruled that the city government had discriminated on the basis of ethnicity.
- In February 2005, the CNCD gave a 500 lei fine to TAROMTAROMS.C. Compania Națională de Transporturi Aeriene Române TAROM S.A., doing business as TAROM Romanian Air Transport, is the flag carrier and oldest currently operating airline of Romania. The brand name is an acronym for...
, the national airline, for denying a same-sex couple access to its Valentine's DayValentine's DaySaint Valentine's Day, commonly shortened to Valentine's Day, is an annual commemoration held on February 14 celebrating love and affection between intimate companions. The day is named after one or more early Christian martyrs named Saint Valentine, and was established by Pope Gelasius I in 496...
specials for couples. This was the first instance in which the Anti-Discrimination Law of 2000 was applied on the grounds of sexual orientation.
- In March 2005, the CNCD fined the Anunţul telefonic newspaper 500 lei for publishing an advertisement for a job placement which explicitly excluded members who were of Roma ethnicity.
- In 2005, the CNCD gave a 1000 lei fine to Ion Stanciu, an OrthodoxRomanian Orthodox ChurchThe Romanian Orthodox Church is an autocephalous Eastern Orthodox church. It is in full communion with other Eastern Orthodox churches, and is ranked seventh in order of precedence. The Primate of the church has the title of Patriarch...
priest, for discriminating against the leader of a church choir on the basis of sexual orientation. This was the second CNCD case involving sexual orientation, and was reported to the CNCD by ACCEPTACCEPTACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...
, Romania's largest LGBT rights organisation.
- In 2005, the CNCD fined the company Adrasim 2000 lei after it published an advertisement for a job opening which explicitly discriminated against applicants of Roma ethnicity. The site which published the advertisement, e-jobs.ro, was also fined with 400 lei.
- In 2005, the CNCD fined the City Hall of MizilMizilMizil is a town in Prahova County, Romania. Located in the southeastern part of the county, it lies along the road between the cities of Ploieşti and Buzău, and to the northeast of the national capital, Bucharest. Its position led it to become a thriving market town beginning in the 18th century,...
600 lei after it published an article in its newsletter, Poştalionul, which made discriminatory remarks against Jehovah's WitnessesJehovah's WitnessesJehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
. However, the Mizil City Hall appealed against the CNCD decision in a local court, which overturned the fine due to a procedural flaw on behalf of the CNCD.
- In 2006, the CNCD found that religious symbols must not be displayed in public schools, aside from during religious education classes and in areas solely intended for these classes. The Decision was appealed and overturned. See the CNCD Decision 323/2006CNCD Decision 323/2006CNCD Decision 323/2006 is a decision of Romania's National Council for Combating Discrimination regarding the display of religious symbols in public schools...
.
- In September 2007, the CNCD found that banning men who have had sex with menMen who have sex with menMen who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...
from donating blood constitutes discrimination on the basis of sexual orientation. It ordered the Ministry of HealthMinistry of Health (Romania)The Ministry of Health of Romania is one of the fifteen ministries of the Government of Romania.The current Minister is Ladislau Ritli, member of the Democratic Union of Hungarians in Romania ....
to revise its ban and ruled that banning MSMs from blood donation "creates a hostile, degrading, humiliating and offensive atmosphere for homosexuals".
Initiatives and campaigns of the CNCD
Aside from its legal powers in ruling against cases of discrimination and applying the law, the CNCD is also responsible for a number of initiatives and campaigns which seek to combat discrimination. Many of these initiatives are organised in collaboration with non-government organisations or members of the civil societyCivil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
, and include:
- The "Diversity is a Gift" campaign, organised in the city of TimişoaraTimisoaraTimișoara is the capital city of Timiș County, in western Romania. One of the largest Romanian cities, with an estimated population of 311,586 inhabitants , and considered the informal capital city of the historical region of Banat, Timișoara is the main social, economic and cultural center in the...
in May and June 2006, with the support of the Timişoara Intercultural Institute. The campaign included a number of free public seminars which discussed the origins and effects of discrimination, anti-discrimination provisions in Romania, and social means of combating discrimination.
- The CULTfest 2006 festival for cultural diversity, which was organised jointly with the Group for Social Initiatives, Studies and Analysis, GISAS and the Timişoara Intercultural Institute, on 18-20 August 2006. The festival took place in SebeşSebesSebeș is a city in Alba County, central Romania, southern Transylvania.-Geography:The city lies on the Mureș River valley and it straddles the Sebeș river...
, Alba CountyAlba CountyAlba is a county of Romania, in Transylvania, its capital city being Alba-Iulia with a population of 66,406.- Demographics :In 2002, it had a population of 382,747 and the population density was 61/km².* Romanians - 90.4%* Hungarians - 5.4%...
, and included a photographic exhibition, public debates on issues relating to cultural diversity, as well as traditional dance and musical performances of the various cultures and ethnicities which inhabit the area.
- The Racism Breaks the GameRacism Breaks the GameRacism Breaks the Game was a three-day campaign in Romania designed to combat racism in association football, particularly against the Romani minority, as well as to "stimulate social dialogue and promote tolerance and fair-play through football"...
campaign, or Rasismul Strică Fotbalul, which was organised jointly with several NGOs, with the purpose of combating racism in Romanian football. The campaign was part of pan-European Week Against Racism in Football, an initiative of the Football Against Racism in EuropeFootball Against Racism in EuropeFootball Against Racism in Europe is a network set up to counter "racism and xenophobia" in European Football. The network was set up in Vienna, Austria, in February 1999 after a meeting of football supporters' groups, football players' unions and football associations...
organisation.
CNCD also offered a grant to ACCEPT
ACCEPT
ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...
, Romania's largest LGBT rights organisation, for GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...
2006, Bucharest's annual gay pride festival.