E/CN.4/2004/63/Add.2 page 7 these grounds (art. 4, para. 2, and art. 16). The principle of freedom of religion is enshrined in article 29, which, in the absence of a special law on religions (see below), is the current benchmark in matters of freedom of religion or belief: “(1) Freedom of thought, opinion and religious belief may not be restricted in any way. No one may be compelled to embrace an opinion or religion contrary to their beliefs. (2) Freedom of conscience shall be guaranteed, and should be reflected in a spirit of tolerance and mutual respect. (3) Religious denominations shall be free and organized in accordance with their own statutes, in compliance with the law. (4) All forms, means, acts or actions of religious discord are prohibited in relations between denominations. (5) Religious denominations shall be independent of the State and shall enjoy its support, including in the facilities established to provide religious support in the army, hospitals, prisons, nursing homes and orphanages. (6) Parents or guardians have the right to ensure that the education of the children for whom they are responsible is in accordance with their own beliefs.” 24. Article 49 of the Constitution sets out the restrictions that may be applied to the rights recognized by the Constitution, as follows: “(1) The exercise of certain rights or certain freedoms may be restricted only by law and only where necessary in particular cases to defend national security, public order, public health or morals, or the rights and freedoms of citizens, to allow a criminal investigation to be carried out or to avoid the consequences of a natural calamity or extremely serious disaster. (2) Any restriction must be proportional to the situation requiring it and may not infringe upon the existence of the right or freedom.” 25. It should also be noted that article 30, paragraph 7, in accordance with article 20 of the International Covenant on Civil and Political Rights, prohibits, among other things, incitement to hatred or discrimination, including religious hatred or discrimination. 26. Lastly, the Romanian Constitution deals with more specific aspects of religion, including religious instruction. Thus, article 32, paragraph 7, stipulates that: “The State shall guarantee freedom of religious instruction, in accordance with the specific needs of each denomination. In State schools, religious instruction shall be organized and guaranteed by law.”