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Well, the current version of the Laws of Chess at <a href='http://www.fide.com/official/handbook.asp?level=EE101'>http://www.fide.com/official/handbook.asp?level=EE101</a> says
in Article 9.2,
<BLOCKQUOTE>
Positions are not the same if a pawn that could have been captured en passant can no longer be captured or if the right to castle has been changed temporarily or permanently. </BLOCKQUOTE>
So the answer to both your questions seems to be No.
(By the way, the link to the FIDE Handbook is broken and needs updating.)