Romania | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 1 January 2012 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Romanita Iordache
E-mail: reiordache@gmail.com

Country context

The understanding of the principle of equality in the Romanian society is marked by three historical periods. According to the first thread, the Romanian society still has to come up to terms with the experience of being a part of the Communist block for half a century, an experience defined by an imposed rhetoric of equality which was de facto contradicted by the aggressive policies targeting minorities and ‘otherness’ in general, aggressive assimilationist policies regarding national or ethnic minorities, criminalisation of consensual homosexual activities or denial of religious freedom for minority religious groups.

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Main principles and definitions

The 2000 Anti-discrimination Law introduces a broad, comprehensive definition of direct discrimination, going beyond the substance and the coverage of the Directives 43/2000/EC and 78/2000/EC by sanctioning ‘any difference, exclusion, restriction or preference based on race, nationality, ethnic origin, language, religion, social status, beliefs, gender, sexual orientation, age, disability, chronic disease, HIV positive status, belonging to a disadvantaged group or any other criterion, aiming to or resulting in a restriction or prevention of the equal recognition, use or exercise of human rights and fundamental freedoms in the political, economic, social and cultural field or in any other fields of public life.’

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Enforcing the law

Any individual or any legal entity with an interest in the case, including human rights NGOs and minority groups can file a complaint with the NCCD within one year the deed amounting to alleged discrimination took place. The NCCD can also start a case ex officio.

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Main legislation

The Romanian Constitution includes direct and indirect provisions on equality and protection of minorities. The equal treatment of all citizens is guaranteed by Art.4.2 providing for citizenship without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property or social origin, and by Art. 16 providing for the equality of all citizens before the law and public authorities, without any privilege or discrimination.

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Material scope

The material scope of the Romanian Anti-discrimination Law encompasses the areas protected by both the Directive 43/2000/EC and the Directive 78/2000/EC: employment and labour-related issues, including social benefits and social protection, access to goods and services, housing, education, access to health. The Law goes beyond these areas and provides also for protection in relation to freedom of movement, as well as for the protection of the right to dignity. When defining discrimination, the legislator took a comprehensive approach and the principle of equality and of prohibition of discrimination applies in relation to all fundamental freedoms.

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Equality bodies

The national equality body, Consiliul Naţional pentru Combaterea Discriminării [National Council on Combating Discrimination (NCCD)] was provided for in the Anti-discrimination Law of 2000 but it was effectively established in the Fall of 2002. Beginning with 2007 the NCCD started opening regional offices. The NCCD is an autonomous public authority under the control of the Parliament, whose independence is clearly spelled out in the Law. The appointment of the Steering Board members by the six relevant parliamentary committees, as a guarantee of the institutional independence proved to be, in practice, a hindrance as politicization of the nomination process lead to the paralysis of the NCCD between the Summer of 2009 and April 2010. The April 2010 appointments had been criticized by the NGOs and by independent candidates for failing to observe the legal requirements and for politicization of the processes seriously hampering the need to professionalize.

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