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,
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