What Means Discrimination In A Normal Society With Clear Rules?

• Author: Marta-Claudia Cliza
• Pages: 89-99

LESIJ NO. XXV, VOL. 1/2018

WHAT MEANS DISCRIMINATION IN A NORMAL SOCIETY

WITH CLEAR RULES?

Marta-Claudia CLIZA

Abstract

The concept of discr imination is r elatively new which has alrea dy issued various

interpreta tions and approaches. Discrimination manifests itself on various cr iteria such as gender,

religion, race and others. We arrived in such a point that the idea of indirect discrimination was pointed

out provided that certain act or deeds affect the person who may be discr iminated. The present study

intends to analyse the concept of discrimination, the persons affected by this kind of behaviour and how

the legislation tries to corr ect the human conduct in order not to a ffect the dignity of individuals. All

concepts from legislation a re analysed under the precedent of the Romanian authority empowered to

sanction the discrimination deeds. Also, we analyzed the issue of discrimination from the point of view

of the Council for Combating Discrimination, the sole author ity competent to pr onounce on first

instance if we face of an act or deed of discrimination na ture which could affect human values tha t

chara cterize an individual. The study starts from the presentation of general concepts as they are taken

into account by the legislation, but also by the ca se-law of the National Council for Combating

Discrimination or of the domestic or international courts. Starting from this general concept, we finally

reached the pa rticularization of certa in specific situations of discrimination. Despite this, the ana lysis

was always performed in relation to concepts clear ly established, as we have shown, by the legislation

or by the case-law.

Keywords: discrimination, rules of law, applica ble legislation, CNCD, discriminated person.

1. Introduction - Presentation of

Discrimination Concept

1.1. The defining elements of the

concept of discrimination. Notion.

Definition

Ab initio, we believe that we need to

perform a br ief analysis in terms of the

terminology of word “discrimination”, for a

better understanding of the situations it

comprises.

In this respect, we hereby point out

that, in accordance with t he Explana tory

 Associateă professor,ă PhD,ă Facultyă ofă Law,ă “Nicolae Titulescu”ă Universityă ofă Bucharestă (e-mail:

cliza_claudia@yahoo.ro).

1 See in this respect, https://dexonline.ro/intrare/discrimina/17069, site accessed on 10.02.2018.

dictionar y of the Romanian languag e1, “to

discriminate” means, inter alia :

 “to make a difference”;

 “to separate”;

 “to make a distinction”;

 “to pursue a policy by which a

category of citizens of a state are deprived of

certain rights on racial, ethnic origin, sexual

grounds, etc.”.

Furthermore, the same source defines

the term of “discrimination” as being:

 “the action of discrimination and its

result”;

 “net difference, distinction made

between several objects, ideas, etc.”;