E/CN.4/1991/56
page 7
Germany
"No. In national legislation and practice no distinction is made between
religion, religious sects and religious associations. In terms of religion
and ideology, the Federal Republic of Germany is a neutral State which is
required by the Constitution to show tolerance towards all such associations.
However, only religious communities that are corporate bodies are entitled
under Article 140 of the Basic Law, in conjunction with Article 137(6)
Weimar Constitution, to levy church tax.
"Our constitution, the Basic Law, provides in Article 4(1) that 'freedom
of faith, of conscience, and freedom of creed, religious or ideological, shall
be inviolable', and its paragraph 2 reads: 'The undisturbed practice of
religion is guaranteed.'
"Article 4(1) guarantees freedom of faith and conscience - the
individual's right to express, or not to express ('negative' freedom), his
beliefs or non-beliefs. This also includes the right to canvass support for
his own faith or to try and convert others. This provision of the
constitution also guarantees the 'negative' right not to belong to any faith.
"The rights set out in Article 4 of the Basic Law are enjoyed by
everyone, that is to say not only by members of certain faiths but also
members of religious sects and religious associations."
Greece
"In accordance with the provisions of article 3 of the Constitution of
the Hellenic Republic, freedom of religious conscience and enjoyment of
individual and civil rights do not depend on the individual's religious
conviction of belief.
"Although for longstanding historical and social reasons the Eastern
Christian Orthodox Religion is recognized by the Hellenic Constitution as the
official one, all known religions are free and their rites of worship are
practised unhindered and under the protection of law, provided they do not
offend public order or moral principles. Proselytism is prohibited.
"Greek legislation and practice are in harmony with the above provisions."
In reply to a question by the Special Rapporteur, the Greek Government
provided the following additional explanations concerning the prohibition of
proselytism:
"As already conveyed, the Greek Constitution stipulates that 'Proselytism
is prohibited' (para. 2, art. 13 of the Greek Constitution).
"Moreover, proselytism in Greece is prohibited in accordance with the
Penal Law. Indeed, it is qualified as a penal offence in article 4 of
Law 1363/1938 of the Penal Code, as amended by article 2 of Law 1672/1939.
"The courts have had the opportunity of defining the term. More
specifically, the Council of State, the highest judicial authority of the
country, in a number of its decisions, has provided a definition, which can be