What Means Discrimination In A Normal Society With Clear Rules?

AuthorMarta-Claudia Cliza
LESIJ NO. XXV, VOL. 1/2018
Marta-Claudia CLIZA
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.
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
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:
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
net difference, distinction made
between several objects, ideas, etc.;

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