A/HRC/19/60/Add.2
by religious and other rights groups are permitted and adequately policed, according to the
obligations of the Republic of Moldova under international human rights law. The Republic
of Moldova also supported the recommendations that it adopt the anti-discrimination law as
soon as possible and strengthen measures further to prevent and combat discrimination and
investigate allegations of hate crimes, indicating that it was in the process of
implementation. Regarding the recommendation that it consider solving the problem of
ownership of land belonging to the Catholic Church and the Orthodox Church, the Republic
of Moldova has indicated that it would examine the recommendation and provide responses
in due time, but no later than the nineteenth session of the Council.
III. Domestic legal framework on freedom of religion or belief
13.
In general terms, the national legal framework of the Republic of Moldova provides
for a broad protection of freedom of religion or belief. The Constitution of 1994 guarantees
freedom of religion or belief (art. 31) as well as other human rights, such as equality before
the law. In the same article, the Republic of Moldova is defined as a secular State in which
religious communities and State institutions are separated. The Constitution also provides
that the law should forbid and prosecute incitement to religious hatred and discrimination.
Respect for human rights is further corroborated by the State’s ratification of international
and regional human rights instruments. In situations of conflict or in cases of inconsistency
between national and international provisions of human rights, the Constitution explicitly
gives priority to international law.
14.
The Law on Religious Denominations and their Constituent Parts of 2007 reiterates
the State’s commitment to freedom of religion or belief and details legal requirements in
certain areas. In this context, the Law clarifies that freedom of religion or belief includes,
inter alia, the right to change one’s religion or belief and to profess and manifest one’s
religious convictions in private and in public, alone and in community with others, as well
as the right not to profess a religion or a belief. Like the Constitution, the Law gives priority
to international human rights norms in the event of any conflict or inconsistency.
15.
The 2007 Law on Religious Denominations regulates the creation and registration of
religious denominations and their constituent parts. It also stipulates that religious
intolerance manifested through acts that obstruct the free practice of religious worship and
advocacy of religious hatred constitute offences and should be punished in conformity with
existing legislation.
16.
As a study conducted by the Ministry of Justice found, however, the abovementioned legal framework can be further improved. The Special Rapporteur welcomes the
reform process to revise the 2007 law, to set out a more explicit legal framework in order to
ensure the free exercise of all aspects of freedom or religion or belief.5 The Special
Rapporteur also welcomes the efforts of the Government to adopt a comprehensive antidiscrimination law and looks forward to the swift adoption of such a law, in full conformity
with the relevant international legal framework.
5
6
On 12 January 2012, the Special Rapporteur was informed by the Government of the Republic of
Moldova that a draft law regarding the modification and completion of law no. 125-XVI of 11 May
2007 on Religious Denominations and their Constituent Parts had been adopted by Parliament in
final reading on 21 December 2011. The said law has not yet been promulgated. As the final text of
the law and a translation in English were not available, the Special Rapporteur was not in a position to
refer to it in detail. References to the new law included in the present report are based on information
provided by the Government (see A/HRC/19/60/Add.3).