E/CN.4/2004/63/Add.2 page 13 building permits. Muslims were denied permission to build a second mosque in Bucharest, on the pretext that there is one there already. They also complained about the lack of a Muslim cemetery in Bucharest, which means they have to send the bodies of their deceased brethren back to their place of birth. C. Education 55. In principle, the provision of religious education in all kinds of educational establishments is guaranteed by the Constitution but, despite some efforts by the authorities, a number of religious minorities are finding it difficult to provide religious education in State schools, particularly when only a small number of pupils belong to their community. Moreover, only recognized religions are allowed to provide such education. 56. In addition, pupils with non-Orthodox beliefs are in theory entitled to opt out of courses on the Orthodox religion but the religious intolerance towards non-Orthodox minorities in some schools means they dare not exercise this option. The Special Rapporteur was told that some pupils in a school in the department of Timis who are members of the Baha’i community were told by their religious teacher that they would be put in a lower class if they continued to follow lessons on the Baha’i religion. D. Religious traditions and practices 57. Several religious minorities described to the Special Rapporteur the problems they had encountered because of their religious traditions or practices. Seventh-Day Adventists explained how they had been faced with a situation in which children from their community had been told they had to sit school exams on a Saturday, which is their day of prayer. The Supreme Court finally found in their favour in 1999 and they had had no such problems since then. Members of the Muslim community, meanwhile, explained to the Special Rapporteur that although there were no official rules concerning their day of prayer, many of them managed to come to some kind of arrangement on a case-by-case basis. VI. THE QUESTION OF THE RETURN OF RELIGIOUS PROPERTY CONFISCATED UNDER THE COMMUNIST REGIME 58. A large amount of real estate belonging to religious communities established in Romania was confiscated by the State under the communist regime between 1948 and 1989. Most of the churches and other places of worship confiscated were handed over to the Orthodox Church, while the remaining real estate was used by the State for various purposes. Since 1989, the Romanian authorities have adhered to the principle that these properties should be returned to the religious communities who owned them before 1948, at least on certain conditions. A. Legal framework 59. The general legal regulations governing the return of property that belonged to religious denominations are contained in Emergency Government Ordinance No. 94/2000, but this legislation initially allowed the return of only a limited number of properties.