E/CN.4/1990/46 page 38 73. On 8 November 1989 the Permanent Mission of Romania transmitted the following comments voider the title "Freedom of conscience and religion in Romania", in reply to a communication sent on 30 June 1989 by the Special Rapporteur: "The guarantee of freedom of conscience and religion in Romania is based on the principle of the equal rights and obligations of all citizens, without discrimination on grounds of nationality, race, sex or religion, in all fields of economic, social, legal and cultural life. "The practice of a religion is a private matter for each citizen. The State bars any division of citizens into believers and non-believers. It does not interfere in these matters, in which every member of society has freedom of choice. "Romania's position is that freedom of conscience applies both to religious belief and to the freedom to have a materialist philosophy. "In Romania, all citizens without distinction enjoy the right to choose and practise a religion or not to choose and practise any religion. "Since believers and members of the clergy have the same social, economic and political interests as the Romanian people in general, the State ensures and guarantees all the conditions necessary for the pursuit of religious activities. "An important role in the relations between State and Church is played by tradition and the specific circumstances of history, the positive contribution the Romanian Church has made over centuries of Romanian history in defending the identity, independence and cultural development of the Romanian people. "Article 30 of the Constitution states: 'Freedom of conscience is guaranteed to all citizens of the Socialist Republic of Romania. Everyone is free to hold or not to hold a religious belief. Freedom to engage in religious worship is guaranteed. Religious denominations organize and operate freely. The manner in which they organize and operate is regulated by law'. "According to Article 1 of the Law on the General Conditions governing Religious Denominations of 1948, anyone may belong to any religion, or may embrace any religious faith, if the exercise thereof is not contrary to the Constitution, public order and safety, or morality. "Article 3. No one may be prosecuted for his ... non-belief. "This freedom is also guaranteed by the Penal Code, which states in Article 247 that 'If a public official limits any citizen in the use or exercise of his rights or places the latter in any situation of inferiority for reasons of nationality, race, sex or religion, he shall be liable to a penalty of imprisonment for six months to five years'.

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