Romania’s contribution in view of
the Report on
steps taken to combat intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief
The Romanian legislation provides the legal framework necessary to the expression of religious freedom both individually and at community level. Art. 29 of the Romanian Constitution guarantees that “freedom of thought and opinion, as well as the freedom of religious beliefs shall not be restricted in any way whatsoever”, and provides that “no one shall be compelled to embrace an opinion or religion contrary to his own convictions”.
The Romanian Constitution guarantees religious freedom for all its citizens, and, in accordance with art. 30, par. (7) of the Constitution “any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality shall be prohibited by law”.
Accordingly, there are legal documents through which Romania combats defamation on religious grounds: Government Decree no. 137/2000 on the prevention and sanctioning of all forms of discrimination (republished), art. 2, par. (1) of which states that “is regarded as discrimination any distinction, exclusion, restriction, or preference based on race, nationality, ethnicity, language, religion, social category, convictions, sex, sexual orientation, age, handicap, chronic non-contagious disease, HIV infection, belonging to a disfavored category, and any other criterion whose purpose or effect would be to restrict, remove the recognition, use, and exercise, of human rights and fundamental freedoms, exercised in equal conditions, or of the rights acknowledge by law in the political, economic, social, cultural or other fields of public life”. Par. (5) states that all behavior based on the aforementioned criteria and “leading to the creation of an intimidating, hostile, degrading, or offensive environment constitute harassment and shall be punished as contraventions”.
Furthermore, Emergency Government Decree no. 31/2002 forbidding organizations and symbols with a fascist, racist or xenophobic character and the promotion of a cult of persons guilty of crimes against peace and against humanity also focuses on “preventing and combatting incitement to national, racial, or religious freedom, to discrimination and to committing crimes against peace and humanity”.
A National Council for Combatting Discrimination is currently functioning in Romania;it may issue sanctions against all forms of discrimination or defamation, including on religious grounds.
Law no. 504/2002 on the audiovisual media also states, in art. 3, par. (1) that “through the transmission and retransmission of programs shall realize and ensure political and social pluralism, cultural, linguistic, and religious diversity, shall provide information, education, and entertainment to the public, while respecting the fundamental rights and freedoms”. Art. 40 of the same states that “the transmission of programs comprising any form of incitement to hatred on national, racial, and religious grounds”.
Following art. 13, par. (1) and (2) of Law no. 489/2006 on religious freedom and the general status of religions, in Romania “Relations between religions, as well as between religious associations and groups shall be based on mutual understanding and respect”, and provides that “Any form, means, act or action of religious defamation and antagonism, as well as the public offense of religious symbols are forbidden”.
To this day, the Romanian State Secretariat for Religious Affairs has not received notifications concerning intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence against persons on grounds of religion of faith from any recognized religion or person. Law no. 489/2006 guarantees religious freedom both at the individual and the institutional levels (of individuals associated in religious associations and recognized religions.
The State Secretariat for Religious Affairs has organized and supported numerous internal and international events with the purpose of promoting interreligious and inter-confessional dialogue, the defense of fundamental rights and freedoms; this institution has also been supporting, including financially, events, promoting the dialogic dimensions of religions organized by the recognized religions, as well as reunions and conferences organized by the Theology faculties in Romania, attended by theologians and representatives of all recognized religions in the country.
For purposes of consultation on all social issues of common interest, for the promotion of solidarity and cooperation between the different recognized religions in Romania, as well as for the prevention of interreligious and inter-confessional conflicts, recognized religions in Romania instituted, in April 2011, a national Consultative Council of Religions.
The Consultative Council of Religions in Romania is an ethical, social, autonomous, apolitical, non-governmental, non-profit organization, and is not a legal person. Its main objectives are: promoting faith in God and the importance thereof in individual and social life; the defense and respective promotion of human life and dignity; promoting respect towards Creation (towards man and the environment); adopting unified positions and attitudes towards important problems of society; manifesting solidarity and cooperation between religions in the spiritual, cultural, educational, and social fields; the prevention of and mediation in the cases of possible inter-confessional and interreligious disputes, including through discouraging and rejecting all forms of extremism.
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