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„protecţie efectivă a drepturilor omului” belonging to the Seventh Day Adventist cult of being present to the exam for admission to magistracy, organized on Saturdays. According to the doctrine of the said cult, the days of Saturday are dedicated exclusively to religious worship. The petitioner asked NCCD to take action to modify the days of organizing competitions in order to ensure the exercise of the religion right. Through decision no. 307 of 05.10.2004, the Committee ascertained that NCCD addressed to the Ministry of Justice, which will consider the issues presented by the petitioner within future negotiations for organization of competitions of admission to magistracy.

(2005) Employment relationship. Disciplinary inquiry. Defamation. Religious freedom. The non-governmental organization Center of Legal Resources and religious organization „Jehovah’s Witnesses” complained about the treatment applied to Mr. D.V. pedagogue of the School of M. locality. The accusations against the petitioner expressed by the mayor were stated, i.e. that the pedagogues cannot carry out a religious propaganda in school and the pedagogical activity because of his religious affiliation. In the same regard, a complaint was filed at the School Inspectorate. The members of the inquiry commission made it clear to him that he must choose

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between the teacher activity and religion. The petitioner was warned that in case there will be complaints regarding his behaviour outside school, he will be eliminated from the education system. Through decision no. 81 of 26.04.2005, the Committee set down that the accusations expressed by the Mayor were a breach of the provisions of art. 19 of G.O, no. 137/2000 on the right to personal dignity. With regard to the members of the inquiry commission, was set down the breach of the right to private life, freedom of conscience and expression and with regard to the note communicated by the Inspectorate was set down the breach of art. 2 par. 3 of G.O. no. 137/2000. The contraventional sanctioning of warning was applied against the respondents. Also, was applied the sanctioning with contraventional fine amounting to 6.000.000 lei regarding the publishing of discriminatory articles, by which is generated a hostile and offensive environment against the religious minority and the Roma minority (art. 2 par. 1, par. 3, art. 5 and art. 19 of G.O. no. 137/2000, subsequently amended and supplemented).

(2005) Ensuring religious assistance. Military priests. Protocol. Penitentiaries. Association APADOR-CH complained about the discriminatory provisions of the law regarding the employment of the military clergy and of the protocol concluded between the Ministry of Justice and Orthodox Romanian Church regarding the provision of religious assistance in penitentiaries. Through decision no. 202 of 02.08.2005, the Committee set down that if religious assistance by the cults recognized by the law is regulated, this must be ensured under equality conditions to persons which are part of various cults or recognized religious organizations. The former European Commission of Human Rights in the case X.c. Great Britain settled that within the limits posed by the status of prisoner, the penitentiary authorities are obliged to ensure the necessary facilities for the exercise of religious obligations, including the right to enter into contact with a missionary of the practicing cult. As a consequence, a protocol concluded with a cult may cover at most the issues of religious assistance for the prisoners belonging to that cult and not the religious assistance of all confessions, since there is a discrimination in

relation to those cults. The Committee found that the notified aspects constitute direct discrimination under art. 2 par. 1 and par. 3 and it decided to issue a recommendation to eliminate the discriminatory provisions in the given protocol and Law no. 195/2000 (art. 2 par. 1 and 3, art. 19 of G.O. no. 137/2000, subsequently amended and supplemented).

(2005) Professional promotion competition. Magistracy. Organization. Consideration of elements of religious freedom. Ms. judge V.M. enrolled in a promotion competition and afterwards she found that the exam was established on a day of Saturday. Given that she is a member of the Seventh Day Adventist Cult, she addressed a request to the Superior Council of Magistracy to re-schedule the written test for another day, because, according to her religion, Saturday is a day of rest and religious worship. The request was denied. Through decision no. 350