Ordinance nr. 137/2000 prevention and penalties for all forms of discrimination (Ro)

Ordinance nr. 137/2000 from 31st of August 200 (*republished*)
prevention and penalties for all forms of discrimination (Ro)

prevention and penalties for all forms of discrimination

ISSUING : GOVERNMENT
PUBLISHED IN : OFFICIAL GAZETTE no. 99 of February 8, 2007

Republished under Art. IV of the Law. 324/2006 amending and completing Government Ordinance no. 137/2000 on preventing and sanctioning all forms of discrimination, published in the Official Gazette, Part I, no. 626 of July 20, 2006, giving the texts a new numbering.

Government Ordinance. 137/2000 was published in the Official Gazette, Part I, no. 431 of September 2, 2000 and was approved with amendments and completions by Law no. 48/2002, published in the Official Gazette, Part I, no. 69 of January 31, 2002. After the adoption and approval by law, Government Ordinance no. 137/2000 has been amended and supplemented by:

Government Ordinance no. 77/2003 for amending and completing Government Ordinance no. 137/2000 on preventing and sanctioning all forms of discrimination, published in the Official Gazette, Part I, no. 619 of August 30, 2003, approved with amendments and completions by Law no. 27/2004, published in the Official Gazette, Part I, no. 216 of March 11, 2004;
Law no. 324/2006 amending and completing Government Ordinance no. 137/2000 on preventing and sanctioning all forms of discrimination, published in the Official Gazette, Part I, no. 626 of July 20, 2006.

Ch. 1

Prevention and definitions

Article 1 :

(1) In Romania, democratic and social state of law, human dignity, rights and freedoms, free development of human personality are the supreme values and are guaranteed by law.
(2) The principle of equality among citizens, of exclusion of the privileges and discrimination are especially guaranteed in exercising the following rights:

a) The right to equal treatment before courts and any other jurisdiction;

b) the right to personal security and to obtain state protection against violence or ill-treatment by any individual, group or institution;

c) political rights, namely electoral rights, the right to participate in public life and access to functions and public office;

d) civil rights, in particular:

(i) freedom of movement and habitation;

(ii) the right to leave and return to the country;

(iii) the right to obtain and to waive the Romanian citizenship;

(iv) the right to marry and to choose their partner;

(v) ownership;

(vi) the right of inheritance;

(vii) the right to freedom of thought, conscience and religion;

(viii) the right to freedom of opinion and expression;

(ix) the right to freedom of assembly and association;

(x) the right of petition;

e) economic, social and cultural rights, in particular:

(i) the right to work, to free choice of employment, to fair working conditions and
satisfactory protection against unemployment, to equal pay for equal work, to just and favorable remuneration;

(ii) the right to form unions and to join trade unions;

(iii) the right to housing;

(iv) the right to health, medical care, social security and social services;

(v) the right to education and training;

(vi) to take part on equal terms, in cultural activities and sports;

f) The right of access to all public places and services intended for use.

(3) The exercising of rights set forth in this article concerning persons in comparable situations.
(4) Any person or entity has an obligation to respect the principles set out in paragraph. (2) .

Article 2

(1) Under this law, the discrimination is any distinction, exclusion, restriction or preference based on race, nationality, ethnicity, language, religion, social status, belief, gender, sexual orientation, age, disability, chronic noncontagious , HIV infection, belonging to a disadvantaged category and any other criterion which has the purpose or effect the restriction, removal of recognition, use or exercise, on an equal footing, of human rights and fundamental freedoms and rights recognized by law, political, economic, social and cultural or any other areas of public life.
(2) provision to discriminate against persons on any grounds provided by paragraph. (1) shall be considered discrimination as defined in this ordinance.
(3) are discriminatory, according to this law, provisions, criteria or practice which disadvantages some people apparently neutral, the criteria under par. (1) the other person, unless such provisions, criteria or practice is objectively justified by a legitimate aim and methods of achieving that aim are appropriate and necessary.
(4) Any active or passive behavior, the effects they generate, or unduly favor or disadvantage season unjust or degrading a person, group or community of persons from other persons, groups of individuals or communities attract liability contravention under this Ordinance, unless covered by criminal law.
(5) misdemeanor punishable harassment and any conduct on grounds of race, nationality, ethnicity, language, religion, social status, belief, gender, sexual orientation, membership in a disadvantaged category, age, disability, refugee status or asylum or any other criteria that create an intimidating, hostile, degrading or offensive.
(6) Any distinction, exclusion, restriction or preference based on two or more criteria under par. (1) is an aggravating circumstance in determining liability offenses if one or more of its components do not fall under criminal law.
(7) and victimization constitutes misdemeanor punishable under this Ordinance any adverse treatment, came in response to a complaint or legal action regarding violation of equal treatment and discrimination.
(8) The provisions of this Ordinance shall not be interpreted as a restriction of free expression, the right to opinion and right to information.
(9) The measures taken by public authorities or private legal persons for an individual, a group of persons or community, aiming to ensure their natural development and effective achievement of their equality with other persons, groups individuals or communities, and positive measures designed to protect disadvantaged groups do not constitute discrimination under this ordinance.

(10) For the purposes of this ordinance, eliminating all forms of discrimination is achieved by:

a) preventing any acts of discrimination by establishing special measures, including affirmative action, to protect the disadvantaged who do not enjoy equal opportunities;

b) mediation through amicable settlement of disputes arising from the perpetration of acts / acts of discrimination;

c) sanction discriminatory conduct provided under par. (1) – (7) .

(11) referred to in paragraph discriminatory behavior. (1) – (7) reliance, minor or criminal, as appropriate, under the law.

ARTICLE 3 :
The provisions of this Ordinance shall apply to all natural or legal persons, public or private and public institutions with responsibilities in relation to:

a) employment conditions, criteria and conditions for recruitment, selection and promotion, access to all forms and levels of guidance, training and professional development;

b) protection and social security

c) public services and other services, access to goods and facilities;

d) education;

e) ensuring freedom of movement;

f) ensuring peace and public order;

g) other areas of social life.

ARTICLE 4 :
The purpose of this ordinance is disadvantaged category or that category of people who are on an unequal position compared with most people because of differences from majority identity, be faced with attitudes of rejection and marginalization.

Ch. II

Special provisions

SECTION I

Equality in economic activity and in terms of employment and occupation

Article 8

Is Under the ordinance, discrimination by employers to employees in relation to benefits granted to employees because of membership in a particular race, nationality, ethnic origin, religion, social class or to a disadvantaged category or based on age, gender, sexual orientation or beliefs promoted by them.

Article 9

Art. 5-8 may be interpreted as limiting the right of the employer to refuse employment to a person who does not meet the occupational field, so long as the refusal is not an act of discrimination under the ordinance, and such measures are justified by an objective legitimate aim and methods of achieving that aim are appropriate and necessary.

SECTION II

Public access to administrative and legal services, health and other services, goods and facilities

Article 10

Is under the ordinance, if the act did not fall under criminal law, discrimination against a person, group of persons because of their membership or persons who manage the legal person to a particular race, nationality, ethnicity, religion, social class or to a disadvantaged category, because of beliefs, sex or sexual orientation in the case by:

a) the refusal of legal and administrative public services;

b) denial of access to a person or group of public health services – choosing a family doctor, nurse, health insurance, emergency services and other health services;

c) refusal to sell or lease the land or building for housing, except that this restriction is objectively justified by a legitimate aim and methods of achieving that aim are appropriate and necessary;

d) refusal to grant a bank loan or to conclude any other contract, except that this restriction is objectively justified by a legitimate aim and methods of achieving that aim are appropriate and necessary;

e) denial of access to a person or group of persons to services offered by theaters, cinemas, libraries, museums and exhibitions, except that this restriction is objectively justified by a legitimate aim and methods of achieving that aim are appropriate and necessary;

f) denying access to an individual or group of persons to services offered by stores, hotels, restaurants, pubs, discos or any other service providers, whether public or private property, except that this restriction is justified goal of a legitimate aim and methods of achieving that aim are appropriate and necessary;

g) denying access to a person or group of persons to services offered by transportation companies – by plane, ship, train, subway, bus, trolley, tram, taxi or other means, except that this restriction is objectively justified by a legitimate aim, and methods of achieving that aim are appropriate and necessary;
h) refusal to grant a person or group of persons of rights or facilities.

SECTION III

Access to education

Article 11

(1) Is, under this ordinance, denying access to a person or group of persons to the state education system or private, in any form, and grade level because of their membership in a particular race, nationality, ethnicity, religion , social class or to a disadvantaged category, because of beliefs, sex or sexual orientation in the case.

(2) Paragraph. (1) applies to all phases or stages of education, including admission or enrollment in educational establishments or institutions and knowledge assessment and examination.

(3) Is under this ordinance, requiring a declaration of proof of membership of that person or that a particular ethnic group, conditional access to a person or group of persons to education in mother tongue. The exception is where the secondary and higher education candidates apply specially granted for a specific minority and require proof, by an act by a legally constituted organizations of the minority question, belonging to this minority.

(4) Paragraph. (1) – (3) can not be interpreted as limiting the right educational establishment or institution to refuse entry or admission of a person whose knowledge or prior results do not meet required standards or conditions of entry for access to that institution, as long as the refusal is not determined by membership in a particular person because of race, nationality, ethnicity, religion, social category or to a disadvantaged category, because of beliefs, sex or sexual orientation.

(5) Paragraph. (1) and (2) can not be interpreted as limiting the right educational establishment or institution for religious training of staff to refuse entry of a person whose religious status does not meet the requirements established for access to that institution.
(6) If, under this Ordinance, any restrictions based on
membership of a particular race, nationality, ethnicity, religion, social class or to a disadvantaged category in the establishment and accreditation of educational institutions established under legislation in force.

SECTION IV

Freedom of movement, right to free choice of residence and access to public places

Article 12

(1) If, under this ordinance, any action involving the threats, pressure, force or other means of assimilation, resettlement or colonization of people to change the ethnic composition, racial or social identity of a region or country localities.
(2) If, under this Ordinance, any conduct involving the determination of leaving the residence, deportation or hinder the lives and living conditions in order to reach the waiver of the traditional residence of a person or group of persons belonging a particular race, nationality or religion, that of a community without their consent. Constitutes a violation of this ordinance as compelling a person in the minority group to leave the area, living area or areas, as well as order a group of persons belonging to the majority to determine the locations, areas or areas inhabited by a population of national minorities.

Article 13

(1) If, under this Ordinance, any conduct which is intended to move or chase a person or group of persons from a neighborhood or a property because of his membership in a particular race, nationality, ethnicity, religion, social category or to a disadvantaged category, because of beliefs, sex or sexual orientation in the case.
(2) Paragraph. (1) can not be interpreted as restricting the right of the authorities implementing systematic plans and planning, so long as the movement is in the law and its measure is not determined by membership of the person or group of persons due to a certain race, nationality, ethnicity, religion, social class or a disadvantaged category, because of beliefs, their gender or sexual orientation.

Article 14

Is under the ordinance, prohibiting access to a person or group of persons in public places because of their membership in a particular race, nationality, ethnicity, religion, social or any other disadvantaged category, because of beliefs, age , sex or sexual orientation in the case.

Section V

Right to personal dignity

Article 15

Is under the ordinance, if the act did not fall under criminal law, any behavior displayed in public, the character of chauvinistic nationalist propaganda, of incitement to racial or national hatred, or any behavior that has the purpose or aim to achieve dignity or creating an atmosphere of intimidation, hostile, degrading, humiliating or offensive, directed against a person, group of persons or a community and linked to their membership in a particular race, nationality, ethnicity, religion, social class or to a disadvantaged category or the beliefs, gender or sexual orientation.

SECTION VI

National Council for Combating Discrimination

Article 16

National Council for Fighting Discrimination, ‘the Council is the State authority in the field of discrimination, independent, with legal personality under parliamentary control and also the guarantor of compliance and enforcement of discrimination, in accordance with current national legislation and international documents Romania is part.

Article 17

In exercising its powers, the Council operates independently, without this being hindered or influenced by other institutions or public authorities.

Article 18

(A) Council is responsible for enforcing and monitoring compliance with this law in the field of activity, as well as the harmonization of provisions in legislative or administrative acts contrary to discrimination.

(2) The Council shall develop and implement public policy in matters of discrimination. In this regard, the Council will consult the public authorities, NGOs, unions and other legal entities which pursue the protection of human rights or a legitimate interest in combating discrimination.

Article 19

(1) In order to combat acts of discrimination, the Council exercises its powers in

following areas:

a) to prevent acts of discrimination;

b) mediation acts of discrimination;

c) investigating, finding and punish acts of discrimination;

d) monitoring discrimination;

e) to provide specialized assistance to victims of discrimination.

(2) The Council shall exercise its powers upon notification of a natural or legal person or ex officio.

Article 20

(1) Any person who believes discrimination can refer to the Council within one year after the crime was committed or the date on which the commission could take cognizance of them.

(2) Council referral settled by decision of the College Board provided for in art. 23 para. (1) .

(3) The application made under paragraph. (1) , the person discriminated against is entitled to request consider eliminating the consequences of discriminatory acts and restore the previous situation of discrimination.

(4) The Council of the college of the specific has a finding of discrimination, with mandatory attendance of parties. Quoting can be done by any means ensure confirmation of receipt. Failure to resolve the parties will not prevent the referral.

(5) action taken by the College Board examination is conducted at the institution or other place specified by it.

(6) The person concerned has to prove the existence of facts which allow the supposal of the existence of a direct or indirect discrimination, and the person against whom was filed the complaint has the burden of proving that the facts did not constitute discrimination. The College Board can invoke any form of evidence, including audio and video or statistical data.

(7) Case Settlement College Board to adopt a complaint within 90 days from date of referral and include: the names of members of the College Board which issued the decision, the name, domicile or residence of the parties, subject to referral and the parties’ description of the crime discrimination, the reasons of fact and law that led to the decision of the College Board, the payment of the fine, if appropriate, the appeal and the period within which it may exercise.

(7) the judgement shall be notified the parties within 15 days of adoption and effects of the communication.
(8) Judgement shall notify the parties within 15 days of adoption and effects of the communication.

(9) Judgement of the College Board may be appealed in administrative court, according to law.

(10) The decisions issued under the provisions of paragraph. (2) and which are not appealed within 15 days of law are enforceable.

Article 21

Art. 20 properly applies where the Council ex officio investigate facts or acts of discrimination.

Article 22

(1) The Council is headed by a president with the rank of secretary of state, elected by the College Board from among their members for a term of five years. The President is the chief officer. The President is assisted in its work by a deputy elected by the College Board from among its members for a term of two years and half.

(2) Annual Report of the Council shall be debated and approved by Parliament. Activity Report is submitted to the Standing Bureaus of the Chamber of Deputies and the Senate until April 15 next year.

Article 23

(1) Director of College Council is a body, deliberative and decision-making, responsible for carrying out tasks stipulated by law.

(2) College Board is composed of nine members with the rank of Secretary of State, nominated and appointed, in joint session, the two Houses of Parliament.

(3) may be appointed to the College Board any Romanian citizen who fulfills the following conditions:

a) has full legal capacity;

b) has completed graduate with bachelor’s degree;

c) has no criminal record and has a good reputation;

d) is a recognized activity in the field of human rights and combating discrimination;

e) was not an agent or collaborator of the communist political police;

f) has not collaborated with the security bodies and did not belong to them.

(4) In appointing members of the Steering Board will ensure that at least two thirds of them will be graduates in law.

(5) members of the College Board may be dismissed or removed from office only if:

a) resignation;

b) the expiry of the mandate;

c) inability to work, according to law;

d) have been finally sentenced for a crime under the criminal law;

e) that no longer meet the conditions set out in para. (3) ;

f) The fundamental proposal of at least two thirds of them.

(6) Where a member from the College Board is moving prosecution, it is considered as suspended from office until the final court decision. If the decision has found the person innocent , suspending them from office ceases, is called in all rights be considered prior to suspension and pay for entitlements that has been lacking.

(7) Where under par. (5) . d) membership of the College Board cease as from the date the Court sentence remains final.

Article 24

(1) Proposals for the College Board shall submit a nominal permanent office of the Chamber of Deputies and Senate within 30 days from the date the warrants became vacant. Proposals will be supported by: curriculum vitae, and criminal records of candidates’ statements on oath, showing that they do not fall under Art. 23 para. (3) . e) and f) .

(2) The Standing Bureaus of the two Houses of Parliament published on their websites and submit applications submitted proposals specialized standing committees in joint session to interview candidates. Within 15 days after publication of applications may be submitted to the standing committees of complaints in writing professional, motivated, on applications submitted.

(3) After hearing the candidates standing committees shall establish a special joint opinion posed by the joint sitting of the Chamber of Deputies and Senate.

(4) Applications must be approved by a majority of deputies and senators present.

Article 25

(1) Council members of the College Board are guarantors of public interest.

(2) The term of office of members of the College Board is 5 years and their appointment shall be staggered, depending on the expiry of the warrants.
(3) If a place becomes vacant before the expiry of the College Board office, it will be occupied by another person called, the procedure covered by this ordinance, for the remaining term left vacant.
(4) work of members of the College Board shall be considered professional experience

(5) in resolving cases of discrimination, members of the College Board have the quality of staff ascertaining that apply sanctions for contraventions established by this ordinance. They may delegate the position of ascertaining agent to the working people of the Council.

(6) At the request of the President, College Board members may be licensed in Legal Sciences Council in court cases concerning acts of discrimination.

Chapter III
Procedural dispositions and sanctions
ART. 26
(1) The Contraventions from Art. 2 paragraph (5) and (7) , art. 5-8, art. 10, art. 11 paragraph (1) , (3) and (6) ,
Art. 12, art. 13, paragraph (13) , art. 14 and 15 are sanctioned with a fee from 400 lei to 4.000 lei, if the discrimination is targeting a physical person, respectively a fee from 600 lei to 8.000 lei if is targeting a group of people or a community.
(2) The sanctions may be applied to the juridical persons too
(3) At the request of the ascertaining agents, the legal representatives of the authorities and public institutions’ economical agents may be put under control, as the physical persons have the obligation, according to the conditions of the law in force:
a) to put on disposal any act that could clarify the control objective
b) to give verbal and written information and explanations, as appropriate, related to the problems that form the objective of the control
c) to give the copies of the requested documents
d) to ensure the support and necessary conditions of a well ongoing in the control procedure, and give the support for clarifying the case
(4) The failure in respecting the obligations from paragraph (3) means contravention and attracts a fee from 200 to 1.000 lei
ART. 27
(1) The person that considers itself discriminated, may formulate in face of the court, a request for according indemnifies and ask for restoration to the initial situation, by canceling the discrimination situation, according to the common law. The request is free of judiciary stamp fee and is not conditioned by Council’s application.
(2) The term of sending the request is 3 years and starts from the date of the committed deed or from the date the interested person could acknowledge of its commit.
(3) The judge of the cause is taking place together with the mandatory citation of the Council
(4) The interested person has the obligation to prove the existence of some deeds that could assume the existence of direct or indirect discrimination, and the person against the request was made has to prove that the deeds are not discrimination crimes. In face of the court, any proof may be presented, including video proof, audio, or static proofs.
(5) At request, the court may withdraw or suspend the functioning authorization of a juridical person that, even is causing a minor discriminating damage, is breaking repeatedly the emergency ordination’s provisions.
(6) The choice made by the Court will be sent to the Council

Translated by Delia Bothazan