A/HRC/16/53/Add.1 343. The Government informed that as a result of the decision of the Buiucani district made on 23.12.2010, the accused was found guilty of the offence charged and a penalty of the amount of 600 lei. The accused has filed an action to the Buiucani Court of Justice, against the decision adopted. This has yet to be examined. 344. The Government stated that the Prosecution Office of Buiucani had disposed of the initiation of criminal proceedings against the actions of those persons who had allegedly knocked down the Hebrew symbol, transferring it to the monument of Stefan cel Mare, dismembering it and placing it on the ground. The Government indicated that the facts are currently being examined by the Police Commissariat of Buiucani district, which has initiated measures in order to gather evidence, identify perpetrators and bring them accountable under applicable law for offences set out in Article 288 of the Criminal Code “Vandalism” and Article 346 of the Criminal Code “Intentional actions aimed at stirring strife or national, racial or religious disunity”. (c) Observations by the Special Rapporteur 345. The Special Rapporteur is grateful that the Government of the Republic of Moldova replied by letter of 22 July 2010. He wishes to take this opportunity to refer to his framework for communications, more specifically to the international human rights norms and to the mandate practice concerning the situation of minorities (category C. 5.). 2. (a) Communication sent on 6 July 2010 Allegations transmitted to the Government 346. The Special Rapporteur brought to the attention of the Government information regarding the proposal to introduce mandatory and confessional Orthodox Christian education into the general school curriculum. According to the information received, on 4 June 2010, the Central Electoral Commission decided to register an initiative group in preparation for a Republican Legislative Referendum on the subject of introducing mandatory and confessional Orthodox Christian education into the general school curriculum (Central Electoral Commission Decision Nr. 3251). Reportedly, the Constitutional Court reviews the legality of the proposed referendum question only after the referendum has been held. 347. Concerns have been expressed that for reasons of international human rights law, including freedom of religion or belief and the principle of non-discrimination, the Central Electoral Commission had erred when it allowed the initiation of proceedings toward a Republican Legislative Referendum on the subject of approving mandatory school curriculum in Orthodox Christianity. On 15 June 2010, the Appeals Court of Chisinau reportedly struck down the decision of the Central Electoral Commission, however, this judgment may be appealed. 348. The Special Rapporteur appealed to the Government to ensure the right to freedom of religion or belief and right to education in accordance with article 18 of the Universal Declaration of Human Rights, article 18 of the International Covenant on Civil and Political Rights and article 13 of the International Covenant on Economic, Social and Cultural Rights. In addition, article 5 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief provides that “The parents or, as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, 65

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