E/CN.4/1998/6
page 35
promises of any type of material gain. In the Kokkinakis case (decision
of 25 May 1993), the European Court of Human Rights recognized the Act as
being designed to protect religions against ill-intended interference and not
to restrict freedom of religious education.
153. “Although the Court admittedly contested the application of the Act
to the case in question, it in no way challenged the compatibility of
Act No. 1672/1939 with article 9 of the European Convention on Human Rights
as regards freedom of conscience and religion.
154. “The Special Rapporteur expresses concern about the fact that article 3
of the Constitution stipulates that the Christian Eastern Orthodox Church is
the dominant religion in Greece. Without enumerating the States whose
constitutions or laws contain similar provisions, it should be noted, as the
Special Rapporteur himself does, that 'a State religion does not in itself run
counter to any international instruments' (A/51/542/Add.1, para. 19). The
idea of a 'dominant religion' does not mean that the religion in question
exercises any power over other religions. Article 3 of the Constitution
reflects, in legal terms, the objective reality that the Orthodox Church
is the religion of the overwhelming majority of the Greek population
(98 per cent), and has played, and continues to play, an important role in
Greek cultural life.
155. “As for the legislation on places of worship, the Special Rapporteur
notes that the building or establishment of such places requires a government
permit issued by the Ministry of Education and Worship. It should be added
that the authorities do not have discretionary power to grant or refuse the
necessary permit. They simply verify that the conditions required by the law
are met in each instance. It is true, however, that in practice a number of
procedural delays have necessitated the effective intervention of the Council
of State. The Greek Government takes due account of the Special Rapporteur's
comments regarding simplification of the procedure.
156. “Regarding the situation of religious communities, the Greek Government
welcomes a number of positive observations by the Special Rapporteur.
157. “As noted by Mr. A. Amor, 'the situation of the Catholic Church in the
religious sphere is said to be satisfactory, in particular with respect to
their religious publications and processions'. Regarding the act of vandalism
committed in the courtyard of the Cathedral of Saint Denis in Athens in
February 1996 by religious extremists, the Ministry of Foreign Affairs has
expressed its sympathy to the Catholic Archbishop and requested the Ministry
for Public Order to ensure that the culprits are brought to justice.
158. “On the subject of the Protestant community, the Special Rapporteur
notes that 'the situation of Protestant religions in the religious sphere
does not seem to be difficult, particularly with respect to religious
publications'.
159. “Regarding the Jewish community, the Special Rapporteur, after reviewing
a number of specific issues, reaches the conclusion that the situation of that
community is 'eminently satisfactory'.