Romania - 2012
Are sanctions foreseen/provided by anti-discrimination legislation?
- Code:
- RED16
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination
| Short Answer |
YES |
| Qualitative Info |
Administrative sanctions forseen by the law range from a written warning to an administrative fine between RON400 (EUR93) - RON4,000 (EUR930) when discrimination affected an individual or RON600 (EUR139) - RON8,000 (EUR1,860) when discrimination affected a community or a group of persons (Art.26.(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). For 2010, the NCCD reported issuing 32 written warnings and 7 administrative fines ranging from RON400 (EUR93) to RON4,000 (EUR930). 14 of the written warnings and only one of the administrative fines was regarding discriminaton on the ground of ethnicity. [1] Civil compensations are available to victims of discrimination if they file a civil case of damages in civil court within three years from the time discrimination occured (Art.27 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 civil compensation awards are modest. However, recently, the civil courts awarded EUR10,000 and EUR 50,000 for three separate cases of discrimination. The NCCD also reports issuing recommendations - 31 recommendations issued in 2010. They are not prescribed in the Anti-discrimination law, which only forsees sanctions when discrimination is found. The NCCD issues recommendations based only on Art.79 of the NCCD's Internal Procedure for Solving Petitions. [2]
Source:
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| 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 | Anti-discrimination |
| External Url | http://cncd.org.ro/legislatie/?language=en |
| Situation(s) |
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| Library |
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