A/HRC/7/19/Add.4 page 10 II. LEGAL FRAMEWORK, PUBLIC POLICIES AND VIEWS OF STATE OFFICIALS A. The legal and institutional framework to combat racism and racial discrimination Constitutional provisions 21. The general legal provision of equal treatment is established by article 29 of the Constitution, which states that “all persons shall be equal before the law, the court and other State institutions and officers” and that “a person may not have his or her rights restricted in any way, or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, conviction or opinions”. 22. Under article 25 of the Constitution, incitement of racial, religious, national or social hatred, violence or discrimination is prohibited, are deemed incompatible with freedom of expression and considered as criminal actions. 23. Particular rights of national communities are also established by the Constitution. Under article 37, citizens belonging to ethnic communities are granted the right to foster their language, culture and customs. Article 45 establishes that “ethnic communities shall independently administer the affairs of their ethnic culture”. The Law on Equal Treatment and the Equal Opportunities Ombudsperson 24. The broad provisions established in the Constitution are specified in the Law on Equal Treatment approved on 18 November 2003, entering into force on 1 January 2005. The purpose of the Law is to “ensure the implementation of human rights laid down in the Constitution” and “to prohibit any direct or indirect discrimination based upon age, sexual orientation, disability, racial or ethnic origin, religion or beliefs” (art. 1.1). The Law makes explicit reference to Lithuania’s human rights obligations laid down in both international and national instruments and spells out the specific responsibilities of State and municipal institutions, educational institutions, employers and consumer service providers. 25. Apart from containing a legal prohibition against discrimination, the Law on Equal Treatment also defines some positive measures that are to be taken by State authorities to redress potential discrimination. These include the drafting and implementation of “programmes and measures designated for ensuring equal treatment” and the provision of “assistance to the programmes of religious communities, associations and centres, other non-governmental organizations, public agencies and charity and sponsorship foundations, which assist in the implementation of equal treatment” (art. 3). 26. The Law on Equal Treatment expanded the role of the Equal Opportunities Ombudsperson, who is responsible to receive complaints from persons that allege being subject to discriminatory actions and to oversee the general implementation of the Law. Prior to 2005, the Ombudsperson was responsible primarily for issues of gender equality. However, since the adoption of the Law on Equal Treatment, its mandate was expanded to cover various forms of discrimination, namely on the basis of age, sexual orientation, disability, racial or ethnic origin, religion or beliefs. The

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