E/CN.4/1995/91/Add.1 page 71 CROATIA 29. On 16 June 1994, the Ministry of Foreign Affairs of the Republic of Croatia sent the following information to the Special Rapporteur: "The Constitution of the Republic of Croatia, (Part III Fundamental Freedoms and Human Rights), the Constitutional Law on the Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities and other laws (e.g. Criminal Code) guarantee the fundamental freedoms and human rights to all individuals without distinction of any kind such as race, colour sex, language, religion, political or other opinion, national or social origin, property, birth, education or other status. The fundamental freedoms and human rights may only be restricted by law in order to secure the protection of the fundamental freedoms and human rights of other people and of the public order, morality and health. Even in the case of war or an immediate danger to the independence and unity of the Republic of Croatia, or in the event of some natural disaster, possible restrictions must not cause inequality of persons due to race, colour, sex, religion, language, national or social origin and the right to freedom of thought, conscience and religion may not be restricted or derogated. Article 40 of the Constitution guarantees the right to freedom of conscience and religion and free public profession of religion and other convictions. Religious communities are free to conduct public religious service and to open schools and social institutions. In the primary and secondary schools religion is being taught since 1991 as an optional subject. During the 1992/93 school year, members of many religious communities e.g. the Catholic Church, Serbian Orthodox Church, Islamic Religious Community, Jewish Community, Adventist Christian Church, Church of Jesus Christ, The Evangelist Church, The Baptist Church, Evangelist Church and the Church of God were able to attend instruction for their respective religions. This programme is financed by the Croatian Government. The Constitutional Court of the Republic of Croatia has a duty to protect constitutional human rights and freedoms that are guaranteed by the Constitution. So far the Constitutional Court has passed several decisions by which the laws that were not in conformity with the Constitution and guaranteed human rights were amended. In order to ensure the enjoyment of the right to perform religious service, the Constitutional Court abolished article 27 of the Family Law and permitted marriage in church before one couple is married according the provisions of this law. According to article 7 of the Constitution conscientious objection is guaranteed to all those who for religious or moral beliefs are not willing to participate in the performance of military duties in the armed forces. Several articles of the Law on Defence were discussed before the Constitutional Court in order to secure proper implementation of article 7.