discrimination Archives - Key for Mobility

Anti-discrimination (race or ethnic origin, religion or belief, disability, age, gender and sexual orientation)

National legislation to ensure the principle of equality between citizens, exclusion of privileges and non-discrimination:
• Government Ordinance No. 137 of 31th of august 2000 on preventing and sanctioning all forms of discrimination:
http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/ORDONANTE-DE-GUVERN/OG137-2000.pdf

Competent authority: The National Council for Combating Discrimination (CNCD) is the state authority in the field of discrimination, autonomous, with legal personality formed in 2001 by GD 1194/2001 which carries out its activity based on GO 137/2000 on preventing and sanctioning all forms of discrimination. CNCD is a guarantor of the observance and enforcement of the non-discrimination principle, according to national legislation in force and the international documents to which Romania adhered.

The modality in which a person can address the CNCD is through a petition. The petition regarding discrimination acts or deeds shall comprise:
• The name and surname of the person making the notification;
• The domicile or residence where there are to be sent all communications regarding the settlement of the petition;
• A phone nomber where the complainant can be contacted for additional information (if necessary);
• subject of the petition, indication of the reasons of fact and of law on which the petition is grounded, where the facts considered by the applicant to be discriminatory will be presented in detail;
• data that allow the identification of the person accused of discrimination (address, a phone number etc.).

Links:
• https://cncd.ro/
• http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/ORDONANTE-DE-GUVERN/OG137-2000.pdf

February 10, 2021/by DataEntry Romania

Romania-en

Anti discrimination UE

October 9, 2020/by FMD

Germany-en

Anti-discrimination

The General Equal Treatment Act (AGG) is the uniform central set of rules in Germany for the implementation of four European anti-discrimination directives that have been issued since 2000. After several infringement proceedings against the Federal Republic of Germany, the AGG finally came into force on August 18, 2006. For the first time, a law was created in Germany that provides protection against discrimination on grounds of racist or ethnic origin, gender, religion or belief, disability, age or sexual identity by private actors (e.g. employers, landlords, providers of goods and services) comprehensively regulates.

The law contains rights and obligations for employers as well as for employees. The entire application process, starting with the job posting, must be non-discriminatory. In existing employment relationships, employees have the right to protection from discrimination. You can claim damages or compensation and complain to employers about discrimination. For this purpose, a corresponding complaints office must be set up in all companies, and all employees must be informed about its existence. Employers must ensure that there is no discrimination. In addition, they are obliged to take action against employees who discriminate against other colleagues. The possible measures range from a transfer to a warning to termination.

The protection against discrimination of the General Equal Treatment Act also applies to everyday business such as shopping, insurance and banking transactions and when going to restaurants or clubs.

Ten years after the General Equal Treatment Act came into force, the Federal Anti-Discrimination Agency is in favour of reforming the law. In doing so, it is based on the results of an independent evaluation committee. Protection gaps would have to be closed so that people can take action against discrimination more effectively. Among other things, the experts are in favour of extending the deadlines within which those affected must assert claims. The possibilities of legal action for those affected should also be facilitated by the introduction of a collective right of action.

Documents to download

General Equal Treatment Act / Allgemeines Gleichbehandlungsgesetz (AGG) of August 2006

Evaluation oft he General Treatment Act (Allgemeines Gleichbehandlungsgesetz)

Legal comparison of the European systems on anti-discrimination law

Further information

Bundesministerium für Familie, Senioren, Frauen und Jugendliche

Federal Minister for Family Affairs, Senior Citizens, Women and Youth

Antidiskriminierungsstelle des Bundes

Federal Anti-Discrimination Agency

September 24, 2020/by FMD