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which subjects them to discriminatory or degrading treatment in comparison with other
persons, groups of persons or communities shall be punishable by a fine, if not by
punishment under criminal law.”
37.
These different forms of discrimination can be committed by natural or legal, public or
private persons, and the alleged victims of such discrimination can take their case to the judicial
authorities without having to pay stamp duty.
38.
Under Ordinance No. 1194/2001, the Government set up the National Council against
Discrimination, which has been in operation since August 2002 and which is responsible for,
among other things:
Preparing proposals on special, legislative or other actions or measures intended to
protect disadvantaged individuals and groups;
Cooperating with the competent authorities with a view to bringing domestic legislation
into line with international standards on non-discrimination;
Monitoring the implementation of the rules on the prevention, punishment and
elimination of all forms of discrimination and compliance with them by the authorities
and by legal and natural persons;
Applying the fines provided for in Ordinance No. 137/2000;
Cooperating with similar bodies and with human rights non-governmental organizations;
and
Receiving complaints on violations of the rules concerning the principle of equality and
non-discrimination.
39.
Under its complaints mechanism, the National Council against Discrimination may
impose administrative sanctions directly, but gives priority to mediation.
40.
With regard to discrimination based on religion, members of the Council told the Special
Rapporteur of the problems they had maintaining contact with religious minorities, whom they
found quite secretive. For example, they had received no replies to questionnaires they had sent
to several religious minorities. In 2003, of the 323 complaints received by the Council, 5 were
directly related to discrimination based on religious affiliation and 8 to discrimination based on
belief. So far, the Council has taken a decision on seven of these complaints.
E. Bill on the general rules governing religions
and the exercise of religious freedom
41.
The idea of drafting a new law on the general rules governing religions and the exercise
of religious freedom has been on the table since the fall of the communist regime. Some insist
that a new law is needed because without one the legislation from 1948 is theoretically still in
force even though some of its provisions are clearly unconstitutional. Others have supported the
idea of a special law because there is so much arbitrariness in this area.