E/CN.4/1995/91/Add.1
page 74
By virtue of the provisions of Laws 1363/1938, 1672/1939 and Royal
Decree 20.5/2.61939, licences for Praying Houses are granted to other
religious denominations.
No religious orthodox organization in Greece obstructs the right of
freedom of religious conscience of any non-orthodox.
B.
Reply by the Ministry of Justice
1.
The Constitution of Greece guarantees equality in enjoying the
fundamental human rights and freedoms. As a rule, guarantees for the
protection of these rights are given to all people, irrespective of
nationality, race, language and religious or political beliefs.
2.
In particular, article 5, paragraph 1, ensures the right to free
development of the personality and free participation in the social,
financial and political life of the country, provided that the exercise
of this right does not infringe upon the rights of others nor does it
violate the Constitution and bonos mores.
3.
Furthermore, article 13 of the Constitution secures freedom of
religion in its two manifestations, i.e. freedom of religious conscience
and freedom of worship. Religious freedom is not only secured for
Greeks, but also for anyone within the Greek territory.
Article 13 provides that:
1.
Freedom of religious conscience is inviolable. Enjoyment of
individual and civil rights does not depend on the individual’s
religious beliefs.
2.
All known religions shall be free and their rites of worship
shall be performed unhindered and under the protection of law. The
practice of rites of worship is not allowed to offend public order
or moral principles. Proselytism is prohibited.
3.
The ministers of all known religions shall be subject to the
same supervision by the State and to the same obligations towards
it as those of the prevailing religion.
4.
No person shall be exempt from discharging his obligations to
the State or may refuse to comply with the laws on account of his
religious convictions.
From the contents of the above constitutional provision it is clear
that freedom of religion is protected in the case of a known religion,
the exercise of which does not offend public order or moral principles
and on the condition that no proselytism takes place, the latter being
explicitly prohibited.
According to Laws 1363/1938 and 1672/1939, proselytism is ’the
direct or indirect attempt to penetrate into the religious conscience of
a heterodox person, with a view to altering its contents, through all