The analyze of the discrimination phenomenon from the applicative, legislative and institutional point of view

Abstract

The purpose of this article is to analyze the discrimination and tolerance/intolerance problem comparing with the Romanian work market.. In the first part of the article we underlined the perception of the interviewed institutional representatives about the intolerance and discrimination phenomenon. We were interested both of the attitudes as well as the relation behaviors together with the intervention in the fight against discrimination. As concerning the intolerance phenomenon, we analyzed the longitudinal evolution of the specificallyintolerance level of the 90’s Romania to present, we underlined starting factors of the intolerance situations and the signs for the tolerance phenomenon. As concerning the discrimination phenomenon, we classified the term depending on: the direct/indirect way of discrimination and the perceived differences, we detailed the professional discrimination forms; we underlined the perception of the experts concerning the definition and the manifestation mobbing situations. In the second part of the article we analyzed the perception of the experts that refers to the Romanian legislative and institutional situation with the role in fighting the discrimination phenomenon and mobbing. The legislative anti-discrimination field has some inconveniences, such as: the overwhelmingly bureaucratic juridical actions, the non exact framing of the harassment as a discriminatory act, the non defining of the mobbing and the indulgent sanction system for the discriminatory acts. At a legislative and institutional level , all the forms of discrimination and harassment are covered, but the concerned institutions do not have efficient appliance means for the legislation, because, the solving process is overwhelmingly bureaucratic and the complaints’ degree is very low because of the low level of knowledge of the population concerning this field.