A/51/542/Add.1
English
Page 4
limitation appears to be inconsistent with article 1, paragraph 3, of the 1981
Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief, which provides that "Freedom to manifest one’s
religion or belief may be subject only to such limitations as are prescribed by
law and are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others." Indeed, article 13, paragraph 2, of
the Constitution explicitly imposes such legal limitations (in respect of public
order and morals) and applies them to all known religions.
8.
According to Greek legal practice and information supplied by the
authorities, a "known" religion must have no secret dogmas and must not involve
worship in secret. In the opinion of the Ministry of Justice, it must be a
religion to which any person may adhere and it must be sufficiently transparent,
so that it is possible to guard against religions that pose a threat to public
order, morals and the rule of law.
9.
The absence of any constitutional, legislative or other definition of the
concept of known religion would appear to contravene the 1981 Declaration and
the legal limitations envisaged therein and poses serious practical problems for
religious minorities and for conscientious objection (see chap. II).
10. Moreover, it should be noted that article 14 of the Constitution provides
that the seizure of newspapers and other publications before or after
circulation is allowed by order of the public prosecutor in case of an offence
against the Christian religion or any other known religion. Accordingly,
religions which are not "known" are not covered by this provision.
(b)
Proselytism
11. Article 13, paragraph 2, of the Constitution provides that proselytism in
general - theoretically with respect to any religion whatsoever - is prohibited.
The Constitution does not define the concept of proselytism. According to the
Ministry of Justice, this prohibition applies to proselytism of a negative sort,
and not to the dissemination of religious beliefs, which supposedly makes it
possible to safeguard religious freedom from any dangerous religion.
12. The Special Rapporteur notes that proselytism is itself inherent in
religion, which explains its legal status in international instruments and in
the 1981 Declaration. However, proselytism is punishable under two "Necessity
Acts", Act No. 1363/1938 and Act No. 1672/1939 promulgated during the
dictatorship of General Metaxas (see chap. I.B, "Legislation on proselytism,")
and their impact on religion in general and on religious minorities is of
considerable concern (see chap. II).
/...