Implementation issues

AuthorRomanita Iordache
8.1 Dissemination of information, dialogue with NGOs and between soc ial
a) Dissemination of information about legal protection against discrimination (Article 10
Directive 2000/43 and Article 12 Directive 2000/78)
In spite of a serious lack of human, financial and material resources and lack of solid
institutional support from the political sphere or from the Government, the visibility of the
NCCD increased significantly after 2006 due to the way in which the NCCD understood and
carried out its m andate to raise awareness.250 The NCCD carried out national awareness-
raising campaigns, organised cultural events, summer schools, courses and training, round
tables discussing public policies and af firmative measures targeting c hildren, students,
teachers, civil servants, policemen, riot police, judges, lawyers, NGO representatives,
medical doctors and medical personnel.251
b) Measures to encourage dialogue with NGOs with a view to promoting the principle of
equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2 000/78)
The NCCD works closely with NGOs representing various vulnerable groups, carries out
joint projects and consults with major NG Os in developing its programmes in relevant
areas. Howev er, NGOs have criticised its failure t o engage in dialogue on amending the
Anti-discrimination Law in 2013. Criticisms hav e also b een made regarding the failure to
adopt a new national strategy for equality.
c) Measures to promote dialogue between social pa rtners to give effect to the principle
of equal treatment within workplace practices, codes of practice and workforce
monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78 )
Government institutions do not have the objective of promoting dialogue with social
partners to give effect to the principle of equal treatment within the workplace. Cod es of
practice, codes of conduct, measures to ensure w orkforce monitoring and diversity
management are not common in the R omanian context and the NCCD has so far not
assumed an active role in promoting these themes.
d) Addressing the situation of Roma and Travellers
The National Agency for Roma is responsible for addressing Roma issues at national level.
The impact of projects carried out with European funds, including the ESF, has n ot been
8.2 Measures to ensure compliance with the principle of equal treatment (Article
14 Directive 2000/43, Article 16 Directive 2000/78)
a) Compliance of national legislation (Articles 14(a) and 16(a))
As the principle of equality is clearly guaranteed in the Constitution, any contrary provisions
would b e u nconstitutional and illegal under the Anti-discrimination La w as lex specialis.
However, due to the limitations established by the Constitutional Court, neither the
250 Gallup Organisation Romania (2008), Percepii i atitudini ale populaiei României fa de fenomenul de
discriminare (Perceptions and Attitudes towards Discrimination), Bucharest, National Council for Combating
Discrimination, available at See also National Council for
Combating Discrimination, Department for International Relations, European Integration, Affirmative
Policies, Studies and Monitoring (2006), Analiza de imagine a Consiliului Naional pentru Combaterea
Discriminrii pentru primul semestru al lui 2006, available on request from the NCCD.
251 Response from the NCCD, 4 March 2009. See also NCCD annual reports for 2006, 2007, 2008, 2009 and

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