Romania - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
YES, but in general, civil compensations ordered by the courts are modest. |
| Qualitative Info |
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; they can also ask for the restore of the previous situation or for the cancellation of the situation created by discrimination (Art.27.(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). The civil compensations awarded are modest. However, recently, the civil courts awarded higher amounts.
In February 2010, Bucharest Tribunal ordered Mayor of the First District Bucharest, to pay EUR10,000 for discrimination on the ground of HIV status and breach of confidentiality because the social services published the list with HIV positive people that beneficiate from certain indemnization from the Mayor's Office disclosing information about their HIV status . [1]
In May 2010, Craiova Court of Appeal ordered EUR10,000 civil compensation for moral damages against a school teacher for refusing to allow a pupil to class because she was Roma. [2]
In November 2010, a court in Bucharest ordered EUR50,000 civil compensation for moral damages for a case on the ground of sexual orientation. The case is not final. [3]
Sources:
|
| 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) |
|
| Library |
|