September 13, 2021
The Presentation Continues: the Obligations of the State
Today we continue our presentation of #TheSovereigntyLaw. Today we shall present the legislative amendment which must necessarily be adopted in order that any form of discrimination as a consequence of the acceptance or refusal of a treatment or medical device may be forbidden and punished.
In other words, the Sovereignty Law brings within the sphere of criminal illegality and punishes any person who restricts the exercise of a right of a person or creates for that person a situation of fear, of social exclusion or of inferiority on the ground of refusal of the vaccine, punishing any act of discrimination whose passive subjects (victims) are persons who refuse or do not wish to be vaccinated.
In order to attain our aim, we amended the text of article 297, with the marginal title “Abuse of office”, as follows:
“Article 9
Law no. 286 of 17 July 2009 on the Criminal Code, published in the Official Gazette no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows: (…)
(7) Article 297 is amended and shall have the following content:
‘(1) The act of a public servant who, in the exercise of his duties, fails to perform an act or performs it in breach of the law with the aim of obtaining an undue benefit and thereby causes damage or an injury to the rights or legitimate interests of a natural or legal person is punished by imprisonment of from 2 to 7 years and the prohibition of the exercise of the right to hold public office.
(2) The same penalty applies to the act of the public servant who, in the exercise of his duties, restricts the exercise of a right of a person or creates for that person a situation of fear, of social exclusion or of inferiority on grounds of race, nationality, ethnic origin, language, religion, sex, sexual orientation, political affiliation, wealth, age, disability, acceptance or refusal of a treatment or medical device, non-contagious chronic illness, or HIV/AIDS infection, CoVid19 or the like.’”
Explanatory Memorandum:
“Article 9 amends Law no. 286/2009 — the Criminal Code, bringing the legislation in this field into accord with the latest decisions of the Constitutional Court, and also with the legislative amendments introduced by the present legislative proposal. (…)
Paragraph 7 amends article 297 of the Criminal Code — Abuse of office — bringing it into accord with Decisions 405/2016 and 392/2017, while at the same time criminalising in paragraph 2 the act of discriminating against any person, of ‘restricting the exercise of a right of a person or creating for that person a situation of fear, of social exclusion or of inferiority on the ground of the acceptance or refusal of a treatment or medical device’. The necessity of criminalising this act arises from the recurrence in society these last years of acts of negative discrimination through the restriction of certain Constitutional rights in breach of the rights of the patient provided for in Law no. 46 of 21 January 2003 and also in the Oviedo Convention, in respect of persons who have not accepted certain medical treatments which are optional according to the legislation in force. Symmetrically, any act of discrimination as a consequence of the acceptance and administration of certain medical treatments has also been criminalised.”
TO BE CONTINUED.
Postscript:
If you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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