Protection against Discrimination through Criminal Law

Abstract

The study examines the impact of digitalization on contemporary forms of discrimination, emphasizing their immaterial and transnational character. It analyses the role of criminal law as an ultima ratio instrument in protecting equality of opportunity, focusing on relevant Romanian criminal provisions such as discriminatory abuse of office, incitement to hatred or discrimination, and the aggravating circumstance of discriminatory motive. The paper argues that criminal intervention should be limited to the most serious discriminatory acts, particularly those involving physical or psychological violence, complementing existing civil remedies and ensuring effective protection of victims.