Published on 29 March 2021

FOURTH SECTION

Application no. 64480/19 Elena MORARU against Romania lodged on 4 December 2019 communicated on 9 March 2021

SUBJECT MATTER OF THE CASE

The application concerns allegations of discrimination on grounds of physical appearance. The applicant was not accepted to sit the entry exam to the military academy to study medicine because her height and weight were below the thresholds set by law at that time (Chapter XIX of Annex I of 30 April 2014 to Order no. M.55/107/2.587/C/10.357/210/496/831 of 19 September 2014 on the medical criteria for admission to military education institutes, required that female candidates be at least 155 cm tall and weigh between 47,03 Kg and 51,97 Kg). She complains that these requirements apply automatically and do not take account of the persons ’ real physical abilities or the actual requirements of the jobs she would eventually perform. In application of this domestic legislation she was banned from sitting the exams and proving her physical fitness and overall abilities.

In a final decision no. 929/R-CONT (file no. 591/46/2018*), the Pite ş ti Court of Appeal dismissed the applicant ’ s complaint. It found that h e ight and weight requirements for admission in a military education institute were legitimate and did not constitute discrimination, bearing in mind the nature of the professional activities and the context in which those activities would take place.

The applicant relies on Article 2 Of Protocol No. 1 to the Convention read together with Article 14 of the Convention.

QUESTION TO THE PARTIES

Has the applicant suffered discrimination on the ground of her physical characteristics, contrary to Article 14 of the Convention read in conjunction with Article 2 of Protocol No. 1 to the Convention, insofar as she was not allowed to sit the admission tests for the medical school in the Military Academy due to her anthropometry? In particular, is the automatic application of the anthropometric criteria compatible with the requirements of the above-mentioned Convention provisions?