On February 20, 2020, the High Court of Cassation and Justice quashed the decision of the Iași Court of Appeal of 2017 annulling the decision of the National Council for Combating Discrimination to sanction the Bogdan Petriceicu Hasdeu School and the Iași County School Inspectorate on segregation on ethnic criteria of Roma students in one of the 7 bodies of the school.
In April 2016, the Center for Advocacy and Human Rights (CADO) filed a complaint with the National Council for Combating Discrimination (CNCD) against the Bogdan Petriceicu Hasdeu School in Iasi and the Iasi County School Inspectorate for the segregation of Roma children. The specific reasons for the complaint were that in this school the students study in 7 buildings, but most of the Roma students were assigned to body C, reaching according to the data provided by the school to over 50% of the total number of students in that school. body. A group of Roma parents complained about the quality of the educational act in body C, where most children even after completing the fourth grade could not read and write correctly and the fact that most teachers are substitutes or retired. This case was identified during the monitoring of the segregation in education of Roma students carried out in over 112 localities in the region of Moldova. The results of the monitoring showed that in 50% of the localities, Roma children suffer from a form of school segregation ( http://www.cado.org.ro/raportul-de-monitorizare-a-segregarii-scolare-in-regiunea-nord-est.html ).
CNCD decided that this situation, namely & nbsp; settlement & nbsp; in a single building of Roma children when the school has several buildings, respectively the tolerance of these situations by ISJ Iași represents discrimination and violation of the right & nbsp; to dignity & nbsp; according to & nbsp ; O.G. no. 137/2000 on the prevention and sanctioning of all forms of discrimination. & nbsp; As a result, CNCD fined & nbsp; 3000 lei & nbsp; Bogdan Petriceicu Hașdeu-Iași School and & nbsp; 5000 lei Iași County School Inspectorate.
In 2017, the Iași Court of Appeal annuls the CNCD decision on the grounds that the situation reported by CADO is due to geographical district and not ethnicity, which is an extrinsic element. The level of education and the endeavors challenged are not the result of discrimination but it is an unfortunate situation that the school and the CSI have tried to improve and that the training of students in corps C by substitute teachers or reinstated retirees is not an argument for discrimination but one for injury the dignity of those teachers. In the same year, CADO and CNCD appealed the decision of the Iași Court of Appeal.
So, after 4 years we have a final decision that upholds the CNCD decision, namely that the segregation of students from this school in Corps C is segregation and an act of racial discrimination.
The ICCJ decision can be accessed at this link: http://www.cado.org.ro/uploads/Litigation/Decizia_1015_2020_iccj.pdf