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Article 4 1 The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited. 2 The parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities. 3 The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination. C Article 4 Paragraphs 1 and 2. 1. In addition to the protection afforded by the Constitutional provisions referred to in para. A. 2 hereinabove, it is to be noted that: (a) Article 28.1 of the Constitution affords to all persons the right of equality before the Law, the administration and justice and of equal protection thereof and treatment thereby. (b) A member of a religious group or community who complains of breach of constitutional provisions or of provisions of the Framework Convention, by any decision, act or omission of the administration, has the right of filing a recourse to the Supreme Court under Article 146 of the Constitution, for the purpose of obtaining a judgment of the Court, declaring that such decision, or act is null and void and of no effect whatsoever, or that the omission ought not to have been made, and that whatever has been omitted should have been performed. (c) A person obtaining a judgement as per para. (b) above, is afforded the right by the said Article, to institute civil proceedings for the recovery of just and equitable damages, if his claim is not met to his satisfaction by the administration. (d) By virtue of the provisions of S. 5(1) of the Commissioner for Administration Law (Law 3/91 as amended by Law 98(1)/94). the Commissioner for Administration is vested specifically with the power of investigating into complaints that the administration has acted in violation of human rights. (e) a party to any judicial proceedings can raise the issue of unconstitutionality of any Law (f) the Council of Ministers may set up a Commission of Inquiry, to investigate and report on serious allegations of misconduct, including violations of human rights; (g) - the House of Representatives and its Committees, in the exercise of their functions, including parliamentary control, can, and do consider, any allegations or situations that may involve violation of human rights; (h) - the Attorney-General of the Republic has a special responsibility to ensure the observance of legality and the rule of law, and may often ex- proprio motu or, at the instance of a complaint, order inquiries or advise on remedies; (i) By virtue of Law 11 (III))/1992 which amended the Convention on the Elimination of all Forms of Racial Discrimination (Ratification) Law of 1967 (Law 13/67), a number of offences have been created in relation to acts amounting to incitement to discrimination, hostility, hatred or violence on account of ethnic, or racial origin or for religious reasons. (j) The Council of Minister has recently established a National Instutition for the Protection of Human Rights. It is an independent body composed of members from both the public and private sectors. One of the functions of this Institution is to hear complains regarding the violation of humans rights. |