Rezumat Nr 4, 2011

Elena-Irina Macovei, Hate speech on the blogs and forums of some publications in Romania

Abstract: The study aims to analyse hate speech on blogs and forums, focusing on identifying the themes and on presenting the methods of dissemination of ideas. Following a content analysis of the opinions on blogs and on forums of Romanian publications, four main themes are apparent throughout the vast documentary material, accumulated during a period of six years (2003-2009): anti-Semitism, racism, xenophobia and homophobia. The  authors make a critical analysis of the themes and illustrate them through examples, describing also their forms of propagation: text, lyrics and images.

Keywords: hate speech, online space, anti-Semitism, racism, xenophobia, homophobia

Gabriel Andreescu, A new sanction against Mr. Traian Basescu by the NCCD. Exercising the freedom of expression in the debate on public policy regarding the Roma

Abstract: In the first part of the article I present in detail the decision no. 410 of the NCCD, rendered on September 30th 2011, to sanction with a warning a statement of the President of Romania regarding Romanian gypsies that had arrived in the Netherlands and Finland. Then I analyze the majority opinion of the Board of Directors, highlighting how the supporting arguments are ridden with semantic and logical errors. The article shows that the stake of this decision is the ability to talk openly about ethnic or ethnicisized phenomena. The current 2012-2020 National Strategy for social inclusion of Romanian citizens belonging to the Roma minority avoids taking into account ethnic phenomena. The study argues that it is precisely ethnic phenomena that might prove to be the key to improving the situation of Roma, hence the need for an open discussion of the topic.

Keywords: National Council for Combating Discrimination,Traian Băsescu, Roma, discrimination, Schengen Area, public policy

George Eduard Roghină, The Right to Self-Determination in International Context

Abstract: The main focus of the article is on the international documents enshrining the right to self-determination, the mission of the latter in international context, its content and limitations, and some cases regarding its exercise. In accordance with the purposes and principles of the United Nations Charter, article 1 of the International Covenant of Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights enshrines the fact that «all people have the right to self-determination. This right has a specific practical importance, because its fulfillment and enforcement is a sine qua non condition for effectively ensuring, recognizing and strengthening individual rights of the human being. For this reason, UN Member States inserted the right to self-determination in an international document, part of positive international law, through a provision (common to both International Covenants) of first rank (article 1), and different from other rights mentioned in the two international instruments. In concreto, article 1 affirms an inalienable right of all people to freely determine their political status and freely pursue their economic, social and cultural development. History has proved that the fulfillment of and respect of the right of people to self-determination have a specific contribution to establishing cooperation and friendly relations between states and also to strengthening harmony and peace worldwide.

Keywords: International Covenant of Civil and Political Rights, International Covenant of Economic, Social and Cultural Rights, Right to Self-Determination, Mission, Limitations, Cases

István Haller, Active standing in front of the National Council for Combating Discrimination

Abstract: The study analyzes the internal procedures for resolving petitions and complaints, and the practice of self-notification, and examines exhaustively the topic of active legal standing. I reviewed the decisions that have defined NCCD case law on active standing of persons who consider themselves discriminated against, of non-governmental organizations dedicated to protecting human rights, of those with legitimate interest in combating discrimination. I look at the active standing of trade unions, at claims by legal entities to have been discriminated against, at the active standing of persons unable to exercise their rights, at the active standing of minors, the active standing of persons under injunction, the active standing of senators and deputies, the active standing of publications, the active standing of persons witnessing an act of discrimination. The study ends with a comparison between NCCD and other domestic or international institutions regarding the granting of active standing in cases of discrimination.

Keywords: National Council for Combating Discrimination, applicant, complain, jurisprudence, discrimination