A/51/542/Add.1
English
Page 14
1.
Christian minorities
56. The Special Rapporteur looked into the question of the Catholic and
Protestant minorities and the Jehovah’s Witnesses.1
(a)
Catholic minority
(i)
Religion
Known religion and legal recognition
57. The Catholic religion is seen as a known religion. There is no special law
recognizing that it possesses legal personality under public law. The third
London Protocol (1830) dealt in the first place with the position of the Roman
Catholic Church in Greece. Under that Protocol, France, which had provided
protection for Catholics during the Ottoman domination, relinquished that role
in the liberated Greek territories to the future sovereign of the emerging State
and, in addition, it was provided that the Roman Catholic Church would be able
to manifest its belief freely and publicly; that its property would be
guaranteed; that its bishops would retain the totality of their functions and
would enjoy the rights and privileges they had enjoyed under the patronage of
the kings of France; and that the property which had belonged to former French
missions or French establishments would be recognized and respected. Protocol
No. 33 (1830), which followed, provided that the privileges enjoyed by the
Catholics could not impose obligations on the Hellenic Government which might be
prejudicial to the dominant religion. After the ratification of the Treaty of
Sèvres (1923), on the protection of minorities in Greece, the prevailing opinion
in Greek doctrine and judicial practice is that the London Protocol ceased to be
in force. That interpretation is said to give rise to problems for the Catholic
Church, in particular with respect to the official recognition of prelates, the
creation of new dioceses, and so forth. Last, the See of Athens, dating from
1850, is not officially recognized and neither is the Archbishop, despite the
fact that the Catholic Church is a known religion in Greece.
Religious activities, places of worship and religious objects
58. On the subject of places of worship, in addition to the problem of legal
recognition mentioned above, the Catholic Church is said to encounter numerous
difficulties in obtaining building permits by reason of the Necessity Acts. In
fact, the Orthodox Church is said to block or delay the procedure by exerting
pressure on the Ministry of Education and Worship. For example, at Aspra
Spitia, for the church of St. Joseph, serving the Catholic workforce of the
Péchiney factory, the local Metropolitan is said to have demanded of the
Catholic Archbishopric in 1980 that the church should never be used by Greek
Uniate Catholics. Following the refusal of the Catholic authority, the entire
procedure for the building of the church was halted. Construction plans had to
be amended and submitted to the Commission on the Construction of Orthodox
Churches. It was only possible to make a start on building work one year later.
The Ministry of Justice stated that the opinion of the local Metropolitan was
not binding on the Ministry of Education and Worship and recalled the
established practice of the Council of State in that connection.
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