E/CN.4/1995/91/Add.1 page 100 Chapter 2 of the IG contains an enumeration of a number of legally binding fundamental rights and freedoms. Some of them are absolute, and may only be restricted or abolished by means of an amendment to the Constitution. One of these absolute rights and freedoms is freedom of worship. (Sect. 1:6). Section 2 provides for protection against all coercion to divulge an opinion in any political, religious, cultural or other similar connection and protection against all coercion to participate in any meeting for the formation of opinion or in any demonstration or other expression of opinion or to belong to any political association, religious congregation or other association for opinions of the nature referred to in the first sentence. Among other rights and freedoms guaranteed by chapter 2 of the IG but which may be restricted through law enacted by Parliament are freedom of speech (sect. 1:1); freedom of information (sect. 1:2); freedom of assembly (sect 1:3) and freedom of association (sect. 1:5). The scope for restricting these constitutional rights is strictly limited. Under chapter 2, section 12 of the IG the restriction must satisfy a purpose acceptable in a democratic society. It must not exceed what is necessary with regard to the reason which has prompted it, nor may it pose a threat to the free formation of opinion as one of the foundations of a democracy. A constitutional right or freedom may not be restricted solely because of a citizen’s political, religious, cultural or similar views. Finally, no restriction may be imposed which is discriminatory. Further limitations on the possibility of imposing restrictions apply to certain constitutional rights and freedoms. For example, restrictions of freedom of association are permitted only with respect to organized groups of a military or similar nature, or which engage in racial persecution. There are also special rules instructing Parliament how to enact laws which restrict these rights and freedoms. The rights and freedoms laid down in chapter 2 of the IG apply, with a few exceptions, to the community at large, i.e. society. This means that central government (the State) and local authorities (the municipalities) may not invade anyone’s rights and freedoms by imposing punishment or exercising physical force unless chapter 2 so permits. Protection from assault by private persons is to be found in ordinary law, inter alia the provision of the Penal Code dealing with punishment for persecution of a population group, whereby a person threatens or expresses contempt for a population group or other such group with allusion to its race, skin colour, national or ethnic origin, or religious faith. Chapter 2 of the IG also prohibits laws and other regulations which disfavour anyone who because of race, skin colour or ethnic origin belongs to a minority (sect. 15).

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