Discrimination on religious grounds in the jurisprudence of the National Council for Combating Discrimination, from its inception until the end of 2016 Cover Image

Discriminarea pe criteriul religie în jurisprudenţa CNCD, de la înfiinţare până la finele anului 2016
Discrimination on religious grounds in the jurisprudence of the National Council for Combating Discrimination, from its inception until the end of 2016

Author(s): Iustina Ionescu
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Centrul de Studii Internationale
Keywords: National Council for Combating Discrimination; freedom of thought; conscience and religion; discrimination on religious grounds; jurisprudence

Summary/Abstract: At the confluence of freedom of thought, conscience and religion, freedom of expression and the right to be free from discrimination, the analysis looks at whether the National Council for Combating Discrimination (NCCD) in Romania has formed a jurisprudential line regarding discrimination on the ground of religion and at the principles on which the NCCD bases its decisions in those cases. The article is organized into four sections dealing with the most important areas in which this type of complaints have been filed: the workplace, public discourse, "closed" areas (such as prisons, the military, the organization of the vote, finding a burial place, schools), as well as the field of property restitution and allocation of public resources. The jurisprudential analysis highlights the challenges that may arise in supporting a strong case of discrimination on the ground of religion: on the one hand, due to the specific facts and concepts relating to discrimination based on religion, on the other hand, due to obstacles raised by the NCCD.

  • Issue Year: 13/2017
  • Issue No: 1
  • Page Range: 13-40
  • Page Count: 28
  • Language: Romanian