27/10/2024
Last week, during the Annual ILGA Conference in Bucharest, I presented the role and activity of the National Council for Combating Discrimination (NCCD), in addressing discrimination based on sexual orientation. Specifically, within the framework of anti-discrimination laws, NCCD actively investigates complaints related to discrimination against LGBTQ+ individuals and imposes Impose sanctions, such as fines, on those found guilty of discrimination.
The majority of complaints concern the right to dignity of LGBTQ+ persons due to homophobic rhetoric, nonetheless, there were assessed complaints about being denied jobs or promotions based on sexual orientation, where individuals were denied services, like renting apartments or accessing public facilities or private services such printing materials, bullying or exclusion based on sexual orientation in schools and universities.
Additionally, NCCD voiced publicly through media appearances its standing against the stereotypes concerning LGBTQ+ and supported events such as Romania Pride and initiatives advocating for further legal protections and equality for LGBTQ+ individuals, such as legal recognition of civil partnership and same-sex marriages.
In Romania, the most unaccepted community remains the LGBTQ+, followed by Roma, as the country remains largely conservative, with opposition from religious groups and political factions against LGBTQ+ rights which has slowed the pace of progress in terms of public acceptance of LGBTQ+ rights and the legalisation of same-sex marriages. The European Commission data shows that the level of acceptance of the LGBT community decreased in the last years, a fact evidenced as well by the number of cases in the last 5 years brought to NCCD, which doubled in comparison with previous years.
While the NCCD has made progress in addressing discriminatory acts against the LGBT community, I voiced that the sanctions imposed are too symbolic and low in providing an effective remedy for the victims and discouraging future discrimination, an argument which I maintain in my dissenting opinions regarding the decisions on sanctioning. The inconsistency of sanctions for similar acts of discrimination, fines and warnings, sends mixed messages to both perpetrators and victims about the seriousness of LGBTQ+ discrimination, and reduces the incentive for LGBTQ+ individuals to report discrimination, knowing that the outcome may not be sufficiently punitive.
Thus, improving the situation would likely require a combination of stronger penalties, clearer legal frameworks, and greater public awareness, alongside continued efforts to combat broader societal prejudices against the LGBTQ+ community.
