Protection of the right to freedom of thought, consciousnessand religion from the perspective of the national council for combating discrimination

• Author: Cristian Jura
• Position: Univ. Lecturer Ph.D. Cristian JURA at Law Faculty, Christian University 'Dimitrie Cantemir', State Secretary at National Council for Combating Discrimination
• Pages: 243-247

PROTECTION OF THE RIGHT TO FREEDOM OF THOUGHT, CONSCIOUSNESS AND RELIGION

FROM THE PERSPECTIVE OF THE NATIONAL COUNCIL FOR COM BATING

DISCRIMINATION Cristian Jura

Abstract

According to the Constitution , religious cult has two significations. A sense of associa tion, of religious

organ isation and another of practiced r itual. One of the national institution s called to pr otect the rights

mentioned above is National Council for Combating Discr imination.

Key words: freedom of thought, freedom of consciousness, freedom of religion, National Coun cil for

Combating Discrimination.

Introduction

The freedom of consciousness is regula ted by art. 29 of Constitution

1, which, together with the freedom

of expression, right to information, freedom of meetings a nd right of association, ar e known as latitudes.2

Pursua nt to the examination of art. 29 of Constitution, it r esults that the freedom of consciousness is a possibility

of natur al person to have and to express, in pa rticular or in public, a certa in conception on o utward things, to

share or not a religious belief, to belong or not to a religious cult, to fulfil or not the r ite required by this belief.3

One of the national institutions ca lled to protect the rights mentioned above is Nationa l Council for

Combating Discrimination.

1. Right to freedom of thought, consciousness and religion

The freedom of conscio usness has its own long history, larded with intolerance, excommunications and

prejudgements, with much sufferance and pain. During this long history, it was formulated the role of law as

civilisation factor.

In doctrine4 it was shown that, when formulating the juridical concept of freedom of co nsciousness and

mainly i n the understanding of expression stipulated in art. 29 of Constitution, it is not lacked of interest the

stating of three points of view, which were supported and may still be supported.

“Therefore, if, a ccording to an opinion it is consider ed tha t r eligious freedom includes as well the

freedom of consciousness, another conception consider s that the freedom of consciousness and r eligious freedom

are two different freedoms. Eventually, the theory more widely accepted these days is that accor ding to which the

freedom of consciousness ha s a wide spher e including a s well religious freedom. More than that, it is accepted

as well the existence of freedom of cults, as distinct freedom.”5

In this respect, as protected by art. 9, the freedom of thought, of consciousness and of religion rep resents

a basic element of a democratic society, according to the Europ ean Convention of Human Righs. It appears

among the most important elements of the id entity of believers and of their conceptions of life, but it is also a

precious good a mong atheists, agnostics, sceptics or for i ndifferent people. Religious freedom involves, mainly,

the act of manifesting one’s religion not only collectively, in public and among those who share the same belief,

but also individually and privately, it includes, in principle, the right to try to convince your fellows for instance,

by education.6

Freedom of consciousness has a complex content and includes several aspects. These aspects are and

must be analysed only together, because they exist together and configure a single right, a single freedo m.

This freedom is stipulated as well by art. 9 of the European Convention. The freedom of consciousness

is an essential freedom, it “orders” the existence and content of other liberties, as well as “the freedom of word,

 Univ. Lecturer Ph.D. Cristian JURA at Law Faculty, Christian University „Dimitrie Cantemir”, State Secretary at National Council for

Combating Discrimination, e-mail:cristianjura@yahoo.com

1 With the following content „ (1) The freedom of though and opinions, as well as the freedom of religious beliefs cannot be hedged in any

manner. No one may be forced to adopt an opinion or to adhere to a religious b elief, contrar y to its convictions. (2) Freedom of

consciousness is secured; it must be expressed in spirit of tolerance and mutual respect (3) The religious cults are free and are organised in

terms of their own statutes, in terms of law, (4).In the relations between is forbidden any form, means, acts or actions of religious split. (5)

Religious cults are autonomous opposite to state and enjoy its support, including by facilitation of religious assistance, in armies, hospitals,

prisons, asylum and orphanages. (6) The parents and tutors have the right to provide according to their own convictions, education to their

underage children whose liability is incumbent upon them”.

2 I. Muraru, Protecia constituional a libertilor de opinie, Lumina Lex. Publishing House, Bucharest, 1999.

3 Constitutional law, Didactic and Pedagogic Publishing House, Bucharest, 1977, pp. 265 – 267.

4 I. Muraru, Simina Tnsescu, Drept constituional şi instituii politice, Lumina Lex. Publishing House, Bucharest, 2001, p. 234

5 Gheorghe Iancu, Drepturile, libertile şi îndatoririle fundamentale în România, All Beck Publishing House 2003, p. 246.

6 Case Kokkinakis against Greece.