Religious freedom in light of the provisions in the Constitution of Romania and the jurisprudence of the Constitutional Court of Romania Cover Image

Libertatea religioasă din perspectiva prevederilor Constituției și jurisprudenței Curții Constituționale a României
Religious freedom in light of the provisions in the Constitution of Romania and the jurisprudence of the Constitutional Court of Romania

Author(s): Romul Petru Vonica
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Court case
Published by: Institutul Român pentru Drepturile Omului
Keywords: Religious freedom; Constitution of Romania; Constitutional Court of Romania; jurisprudence;

Summary/Abstract: The Constitution of Romania, recently revised, proclaims new fundamental rights and strengthens the constitutional means of protecting the citizens' rights and freedoms. In its art. 29, the Fundamental Act consecrates freedom of thought as a freedom whose complex contents simultaneously covers freedom of religious beliefs, freedom to choose one's religion and freedom of inter-religious relationships. Religious freedom assumes acknowledgment of the religious rights and identity, freedom and equality of the denominations without discrimination, freedom and autonomy to organized according to their own statutes and to assert their own belief. Religious freedom implies religious pluralism and protection of the religious groups, as well as respect of the guiding principles for the propagation of a religion or a religious belief. Religious freedom also assumes freedom in terms of religious education. Religious education in public schools is stipulated by the Constitution and guaranteed under the law. The Constitutional Court ruled that the provisions regarding introduction of religion as a school discipline are constitutional only if the parents' or the tutors' right to provide the education of the juvenile children under their legal care according to their own convictions is respected. To the author's opinion, one may say that Romania has taken important steps on the way to guarantee religious freedom, and moreover, has created the premises for full implementation of the principles of religious freedom and freedom of thought and implicitly those of integration in the European Union.

  • Issue Year: 2004
  • Issue No: 1
  • Page Range: 11-16
  • Page Count: 6
  • Language: Romanian