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
 
FREE EXCERPT
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
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

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