Interzicerea discriminarii (art.14 al Conventiei pentru apararea Drepturilor omului si a libertatilor fundamentale): Realizarea unei conceptii europen
The prohibition of discrimination (art.14 of the Convention for the protection of the Human Rights and Fundamental Freedoms)

Summary/Abstract: In the framework of the present study, it is disclosed that, comparatively, according to the hypothesis provided for by lett.a) art.176 PC RM, the act of breaching the equality in rights of the citizens embraces certain similarities with the act stipulated at par.(2) art.297 of the Penal Code of Romania. Likewise, the deed provided for by art.176 PC RM comprehends other similitudes with the deed provided for by art.369 of the Romanian Penal Code. We reach the conclusion that the Decree of the Government of Romania nr.137/200 regarding the prevention and penalization of all the discrimination forms contravenes any of the discrimination forms, in the case when the respective deed is not subject to penal law. At the same time, the Romanian penal law is lacking a unitary incrimination by means of which would be sanctioned the grave discrimination acts. It is argued that the provision of art.176 PC RM includes some imperfections that deter the application in practice of this norm: 1) the provision incriminates the act of breaching the equality in rights of the citizens – a possible discriminatory act towards the noncitizens of the Republic of Moldova, as well as towards the stateless people; 2) in art.176 PC RM the list of situations when the undiscriminatory principle may be breached is presented in a very approximate and limited way; 3) art.176 PC RM needs ampler explanations, given that the incrimination of a general and generic breach of the rights and freedoms ensured by the Constitution and other laws, even with the explanation that it has to reckon on discrimination, does not succed in assuring the exact understanding of the type of illicit demeanour and contravenes to the principle of legality, from the viewpoint of predictableness, sanctioned by art.7 of the European Convention of Human Rights, etc.

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