On the 20th of October 2020 in the Chamber of Deputies to send to the approval of the Senate bill, BP 818/14.10.2020 amendments to the Ordinance 137/2000 regarding the prevention of and the fight against all forms of discrimination. The proposed regulations implementing the provisions of the community, and the recommendations of the european institutions and of the decisions of both the european court, in the field of anti-discrimination, and the preparation is already the intention of the announced of the Senior Eu to develop a comprehensive directive on the fight against discrimăminării that prohibits discrimination in all its forms.
The bill was proposed by the Center for Advocacy and Human Rights (CADO) and was taken over by Mr. Daniel Vasile, Minorities Deputy and Mrs. Adriana Săftoiu, PNL Deputy who, understanding the need for this project, submitted it to the Chamber of Deputies. A special support in the process of developing the respective proposals also came from a group of experts in the field of non-discrimination or education, such as Mr. Dezideriu Gergely, Ms. Cezara David and Mr. Eugen Crai.
The main proposals of the draft law concerning the regulation of discrimination against intersectional discrimination is included, discrimination by association and segregation, as well as the inclusion in the definition of discrimination in the criteria for citizenship and the color of their skin. The proposed regulations are to be accompanied by other proposals, the correlation between the changes of the previous one with the new one proposed, in order to ensure that the conditions necessary for the harmony, the clarity, precision, and consistent application, and the introduction of the amount of the order offences day of the accumulated and continuous, which in the case of the latter types of violations fines will be doubled.
Through this bill, the Usa paves the way for the ban on discrimination against intersectional discrimination is included, making him the first member state of the European Union, which seeks to regulate this form of discrimination. Although, over the past 13 years, the European Parliament and the European Commission, has reviewed and reported to the dimension of the phenomenon of discrimination against intersectional discrimination is included, and the lack of regulation in the eu, any eu member state has not yet covered with this form of discrimination that affects mainly women, persons with disabilities, or belonging to ethnic minorities, national, or sexual orientation. Discrimination intersecțională, according to the draft law, it is defined as the any distinction, exclusion, restriction or preference based on two or more of the criteria set out in para. (1), which exhibit simultaneous and inter-related Specifically, the new regulation will be sticking to the situations in which an elderly woman was not an employee, even if he was the most qualified for it due to the fact that she is female, and the age, the position was offered to a man, younger than me even though she had skill, and the more slender than the female in question.
The bill provides that the prohibition and sanctions as well as the misdemeanor crime of segregation on all basis of discrimination in all areas of the business. The novelty lies in the fact that it is prohibited, including the promotion of its denial and the lack of action by the school desegregation, and establishes the obligation of the legal entities, public and private, to take any action that is necessary for the purposes of prevention of and fight against segregation. The need for this rule is illustrated by a series of reports on the national and international that have examined the phenomenon of segregation in the Usa, and has led to the recommendations of the international organizations and the eu to adopt measures for effective policy and legislation for the control and prevention of segregation in all areas. The reported data show that the groups of people most afecate of segregation are those of the roma and non-roma with disabilities in various fields, such as education, health care, or housing. The commission finds that, in terms of the roma, 66 % lived in segregated communities without basic facilities (water supply, sewerage, electricity, or paved roads), more than 29% of roma pupils to learn in a separate structure, and the Organisation for Economic Co-operation and Development (OECD) shows that about 50% of all children with disabilities who are in special education.
The introduction of the regulation of discrimination on the basis of nationality and color was proposed in order to expand the system of legislative and legal protection of vulnerable victims of this form of discrimination. In this sense, the statistical data show that immigrants are the third most discriminated group in Romania (69%), after the two traditionally discriminated groups, namely LGBT (74%) and the Roma community (72%), that 50% of population do not trust foreign citizens, and 84% that skin color is the main reason for not relating favorably to the people in question (NOintoHATE 2019, CNCD). Also, this project proposes the prohibition of discrimination by association in all fields of activity, not only in the field of work where it was already regulated in May 2020 by Law. 151/2020 for the modification and completion of Law no. No. 53/2003 – labor Code.
Thus, CADO, through the respective proposals, aimed to improve and expand the legislative and legal framework to give victims of discrimination the right to a fair trial and reparation of damages caused by those forms of discrimination that were not regulated, but which dramatically affect their lives. CADO also understands that the adoption of this bill is only the first step and its efforts must continue in providing support to victims of discrimination in bringing discrimination cases before the CNCD and the courts, as well as providing support to public institutions in the implementation of the proposed measures.
For more information about the bill can be found at:
Table of comparison of the proposed changes http://www.cado.org.ro/uploads/CADO_Propunere_de_modificare_OG_.pdf