Romania
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Features of Constitution1

Is there a constitution? Yes
Does the constitution provide for freedom of religion? Yes

Constitution2

Constitution Year 1991
Last Amended 2003
Source Chamber of Deputies (Romania)
Translation Source is an English translation
Current as of May 11, 2011

Constitution Excerpts (clauses that reference religion)2

Article 4: Unity of the People and Equality Among Citizens

(1) The State foundation is laid on the unity of the Romanian people and the solidarity of its citizens.
(2) Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property, or social origin.


Article 6: Right to Identity

(1) The State recognizes and guarantees the right of persons belonging to national minorities, to the preservation, development, and expression of their ethnic, cultural, linguistic and religious identity.
(2) The protection measures taken by the Romanian State for the preservation, development and expression of identity of the persons belonging to national minorities shall conform to the principles of equality and non-discrimination in relation to the other Romanian citizens.


Article 7: Romanians Living Abroad

The State shall support the strengthening of links with the Romanians living abroad and shall act accordingly for the preservation development and expression of their ethnic, cultural, linguistic and religious identity, with the observance of the legislation of the State whose citizens they are.


Article 29: Freedom of Conscience

(1) Freedom of thought, opinion, and religious beliefs shall not be restricted in any form whatsoever. No one shall be compelled to embrace an opinion or religion contrary to his own convictions.
(2) Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
(3) All religions shall be free and organized in accordance with their own statutes, under the terms laid down by law.
(4) Any forms, means, acts, or actions of religious enmity shall be prohibited in the relationships among the cults.
(5) Religious cults shall be autonomous from the State and shall enjoy support from it, including the facilitation of religious assistance in the army, in hospitals, prisons, homes and orphanages.
(6) Parents or legal tutors have the right to ensure, in accordance with their own convictions, the education of the minor children whose responsibility devolves on them.


Article 30: Freedom of Expression

(1) Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds or other means of communication in public are inviolable.
(2) Any censorship shall be prohibited.
(3) Freedom of the press also involves the free setting up of publications.
(4) No publication may be suppressed.
(5) The law may impose upon the mass media the obligation to make public their financing source.
(6) Freedom of expression shall not be prejudicial to the dignity, honor, privacy of person, and the right to one's own image.
(7) Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality shall be prohibited by law.
(8) Civil liability for any information or creation made public falls upon the publisher or producer, the author, the producer of the artistic performance, the owner of the copying facilities, radio or television station, under the terms laid down by law. Indictable offenses of the press shall be established by law.


Article 32: Right to Education

(1) The right to education is provided for by the compulsory general education, by education in high schools and vocational schools, by higher education, as well as other forms of instruction and postgraduate improvement.
(2) Education of all grades shall be carried out in Romanian. Education may also be conducted in a foreign language of international use, under the terms laid down by law.
(3) The right of persons belonging to national minorities to learn their mother tongue, and their right to be educated in this language are guaranteed; the ways to exercise these rights shall be regulated by law.
(4) State education shall be free, according to the law. The State shall grant scholarships to children or young people coming from disadvantaged families and to those institutionalized, as stipulated by law.
(5) Education at all levels shall take place in state, private or confessional institutions, according to the law.
(6) The autonomy of the Universities is guaranteed.
(7) The State shall ensure the freedom of religious education, in accordance with the specific requirements of each religious cult. In public schools, religious education is organized and guaranteed by law.


Article 42: Prohibition of Forced Labor

(1) Forced labor is prohibited.
(2) Forced labor does not include:
a) activities of doing the military service, as well as activities performed in lieu thereof, according to the law, due to religious or conscience-related reasons;
b) the work of a sentenced person, carried out under normal conditions, during detention or conditional release; and
c) any services required to deal with a calamity or any other danger, as well as those which are part of normal civil obligations as established by law.


Article 44: Right of Private Property

� (4) The nationalization or any other measures of forcible transfer of assets to public property based on the owners� social, ethnic, religious, political, or other discriminatory features [shall be prohibited (bracketed text is missing from source but is inferred].


Article 48: Family

(1) The family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parents to ensure the upbringing, education and instruction of their children.
(2) The terms for entering into marriage, dissolution and nullity of marriage shall be established by law. Religious wedding may be celebrated only after civil marriage.
(3) Children born out of wedlock are equal before the law with those born in wedlock.


Article 73: Classes of Laws

(1) Parliament passes constitutional, organic, and ordinary laws.
(2) Constitutional laws shall be pertaining to the revision of the Constitution.
(3) Organic laws shall regulate:
s) the general statutory rules of religious cults;

Article 82: Validation of Mandate and Oath-Taking

(1) The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint sitting, the following oath: "I solemnly swear that I will dedicate all my strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the Country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania 's sovereignty, independence, unity and territorial integrity. So help me God!"

Sources

1.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

2.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at arda@pop.psu.edu if you are aware of any incorrect information provided on this page.