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procedure for these associations and foundations. Under these new regulations, 295 associations
and 207 foundations whose statutes provide for activities of a religious nature have been
registered.
33.
The principle of making a legal distinction between recognized and non-recognized
religions was criticized by a number of people who spoke to the Special Rapporteur. Although it
does not appear to infringe on freedom of religion or belief as such, it may lead to at least
indirect discrimination in that recognized religions benefit from privileges and rights that
non-recognized religions do not enjoy, which restricts the latter’s religious activities. Moreover,
some speakers stressed that not all the religious or faith-based communities that are not
recognized have the capacity of the Jehovah’s Witnesses to seek recognition through the courts.
C. Other legislation
34.
Romanian legislation contains an array of regulations dealing with various specific
aspects of religious denominations:
Act No. 103/1992 (as amended by Act No. 2/2001) on the exclusive right of religious
denominations to produce and market religious objects and garments and to publish the
religious literature necessary for the purposes of worship;
Act No. 84/1995 on education;
Act No. 142/1999 on State support for clerical salaries;
Ordinance No. 82/2001 on the provision of certain forms of financial support for
recognized religions;
Act No. 195/2000 on the composition and organization of the military chaplaincy;
Decision No. 742 of 3 July 2003 on the organization and functioning of the Ministry of
Culture and Religion.
D. Anti-discrimination legislation
35.
In Ordinance No. 137/2000, as ratified by Act No. 48/2002, the Romanian Government
introduced legislation to combat discrimination based on religion. Thus, under article 2,
paragraph 1, of Ordinance No. 77/2003 (amending Ordinance No. 137/2000), discrimination is
defined as:
“Any distinction, exclusion, restriction or preference based on [among other
things] religion … the aim or effect of which is to restrict or prevent the recognition,
enjoyment or exercise on an equal footing of human rights and fundamental freedoms in
the political, economic, social and cultural areas or in any other area of public life.”
36.
The same provision also defines certain kinds of indirect discrimination:
“Any active or passive behaviour which has the effect of putting a person, a group
of persons or community, in an unjustifiable manner, at an advantage or disadvantage or