Multiple Discriminations - between a Contravention Per Se and an Aggravating Circumstances

• Author: Cristian Jura
• Position: State Secretary, Member of Steering Board, National Council for Combating Discrimination
• Pages: 15-18

between a Contraven

State Secretary, Member of Ste

Abstract:

In spite of a lack of a

dealing with multiple discrimin

prohibiting discrimination on d

reference is made to ‘the need to

and by providing effective rem

directive). In Romania the legal

multiple discrimination is seen

difference, exclusion, restriction

circumstances and it will be tak

incidence of criminal law”. That

the specialized authority in the

prove not only one, but at least

aggravating circumstances.

Keywords:

discriminations; a

Discrimination,

1. EU Legal Provision on Mu

It is well known that the combat

three distinct Directives. The thre

-

Directive 2000/43/EC

discrimination based on r

- Directive 2000/78/EC –

treatment in employment

combating discriminatio

orientation as regards em

L

Multiple Discriminations –

vention

Per Se

and an Aggravating Circ

Cristian Jura

Steering Board, National Council for Combatin

cristianjura@yahoo.com

f a legal definition of multiple discrimination UE is showing

ination. Preparatory work of the European Commission for

different grounds

– co

mmonly referred to as the ‘Horizo

to tackle multiple discrimination, for example by definin g it

emedies’ (which, however, is consid ered as going beyond

al provisions on combating discrimination lies on a law from

n a s an ag gravating circumstances as follows, art 2 (6), OG

tion

or preference based on more than one criteria will b

take into account when trigger contravention liability, unless

hat means that the Romanian National Council fo

r Combatin

e field of discrimination, when judges a case of multiple dis

st two acts of discrimination and then when fines takes into

aggravating circumstances; Romanian National Council

ultiple Discrimination

bating discrimination legislation lies at the

level of

hree Directives are:

–

Racial Equality Directive: establishes a

n racial or ethnic origin inside and outside the labou

Employment Equality Directive: establishes a f

ent and occupation, and in Article 1 lays down a ge

tion on the grounds of religion or belief, disab

employment and occupation;

Legal Sciences

15

Legal Sciences

ircumstances

ating Discrimination,

ng a h igh interest in

for a new Directive

izontal Directive’

–

it as discrimination

d the scope

of the

m 2000. In t hat law

G 137/200 0: „Any

be an aggravating

ss it falls under the

ting Discrimination,

discrimination must

to consideration the

cil for Combating

l of European Union in

a framework against

our market;

a framework for equal

general framework for

sability, age or sex

ual