E/CN.4/1990/46
page 38
73. On 8 November 1989 the Permanent Mission of Romania transmitted the
following comments voider the title "Freedom of conscience and religion in
Romania", in reply to a communication sent on 30 June 1989 by the Special
Rapporteur:
"The guarantee of freedom of conscience and religion in Romania is
based on the principle of the equal rights and obligations of all
citizens, without discrimination on grounds of nationality, race, sex or
religion, in all fields of economic, social, legal and cultural life.
"The practice of a religion is a private matter for each citizen.
The State bars any division of citizens into believers and
non-believers. It does not interfere in these matters, in which every
member of society has freedom of choice.
"Romania's position is that freedom of conscience applies both to
religious belief and to the freedom to have a materialist philosophy.
"In Romania, all citizens without distinction enjoy the right to
choose and practise a religion or not to choose and practise any
religion.
"Since believers and members of the clergy have the same social,
economic and political interests as the Romanian people in general, the
State ensures and guarantees all the conditions necessary for the pursuit
of religious activities.
"An important role in the relations between State and Church is
played by tradition and the specific circumstances of history, the
positive contribution the Romanian Church has made over centuries of
Romanian history in defending the identity, independence and cultural
development of the Romanian people.
"Article 30 of the Constitution states: 'Freedom of conscience is
guaranteed to all citizens of the Socialist Republic of Romania.
Everyone is free to hold or not to hold a religious belief. Freedom to
engage in religious worship is guaranteed. Religious denominations
organize and operate freely. The manner in which they organize and
operate is regulated by law'.
"According to Article 1 of the Law on the General Conditions
governing Religious Denominations of 1948, anyone may belong to any
religion, or may embrace any religious faith, if the exercise thereof is
not contrary to the Constitution, public order and safety, or morality.
"Article 3. No one may be prosecuted for his ... non-belief.
"This freedom is also guaranteed by the Penal Code, which states in
Article 247 that 'If a public official limits any citizen in the use or
exercise of his rights or places the latter in any situation of
inferiority for reasons of nationality, race, sex or religion, he shall
be liable to a penalty of imprisonment for six months to five years'.