Discrimination Cases Factsheet

February 2018

In the framework of the JUSTROM Joint Programme, we could identify possible proofs of discrimination in the case of NIM.

NIM is a young mother (23 years old) who discovered, while trying to obtain a duplicate of her lost birth certificate in order to register her 4^th son birth that she appeared as adopted 22 years ago by a Spanish couple. When the Oltenița Local Population Record Bureau discovered in their documents, in February 2017, NIM’s adoption in Spain, they retained her ID. From February 2017, NIM remained without any identification document and virtually, without identity. The same is true for her new born child. She wants to obtain identity papers for her and her child.

Our strategy developed on 3 objectives: First, we decided to argue for the annulment of the adoption, secondly, for the recovery of her identity documents (certificate of birth and identity card) and thirdly, for the sanction of the responsible authorities who failed to identify the vulnerability of the victim and to take positive measures to protect her.

In view of our first objective, we introduced for her a court request for annulment of adoption (757/116/2017 Tribunalul Călărași) which is pending. The Court asked for the introduction of the adoptive parents, the natural mother and the adopted girl in Spain as defendants in the litigation. The prosecutor is part in the case for the Romanian State and the Spanish adoptive parents are represented by a lawyer from Bucharest Bar Association. The case is not public. The case had hearings on 30.05; 27.06; 19.07; 19.09; 10.10; 28.11.2017 (when our request for legal aid was rejected due to lack of proofs of revenues) and 16.01.2018 when the introduction in case of the adopted girl/woman was decided. The next hearing is on 5.03.2018 for the adopted person to present her point of view. We reiterated our request for legal aid and filed the certification that NIM is beneficiary of the Romanian law on minimum guaranteed income.

For our second objective, we have introduce a request to the Oltenita local authority to get back her birth certificate and another to the Local and the County Bureau for Population Record to receive back her ID. After receiving their refusal, we addressed the request to the Calarași Tribunal (file no 1824/116/2017). As de defendant issued a provisory ID on 8.12.2017 (valid until 7.12.2018) and the certificate of birth for NIM’s fourths child on 8.01.2018, the file’s purpose was partially achieved. We didn’t renounce our claim due to the limited validity of NIM’s new ID. The case has its first and final hearing on 1.03.2018.

For the last objective, we have introduced on 20 November 2017 a discrimination complaint to the NCCD (File no. 618/2017, Petition no.. 6148/20.11.2017) on behalf of the NIM against the Population Record Direction of Calarasi County and the Oltenița Local Population Record Bureau for discrimination in exercise of the right to an identity and of the rights to social services as our request from 28.09.2017 asking for return of NIM’s identity card, complaining for abusive retention of the ID and possible discrimination was rejected by the Population Record Direction of Calarasi County and the Oltenița Local Population Record Bureau on 27 October 2017. The case had the first hearing on 16^th of January 2018. We studied the documents of the accused party and sent our final arguments. The second and final hearing wasn’t yet announced.

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