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'.

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