A/51/542/Add.1
English
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among citizens on the grounds, inter alia, of considerations relating to
religion or belief.
133. In that regard, from a constitutional point of view, although freedom of
conscience is guaranteed, the Special Rapporteur notes that there are
limitations on freedom of worship which are inconsistent with internationally
established human rights norms. Article 13 of the Constitution limits freedom
of worship to "known" religions, but the lack of any legal definition of the
concept of "known religion" seems to be prejudicial; in particular, it does not
seem to be in accord with the legal restrictions on religious freedom provided
for in article 1, paragraph 3, of the 1981 Declaration. The Christian religious
minorities are particularly affected by this situation; their legal recognition
is often called in question, mainly in connection with matters relating to
places of worship and conscientious objection. The Special Rapporteur
recommends that the concept of a "known religion" should be defined precisely either in the Constitution or, failing that, in legislation - in a manner
consistent with the legal restrictions provided for in the 1981 Declaration;
alternatively, if appropriate, the concept should be eliminated altogether.
134. The Special Rapporteur considers the constitutional provisions prohibiting
proselytism to be inconsistent with the 1981 Declaration and stresses the need
for greater respect for internationally recognized human rights norms, including
freedom to convert and freedom to manifest one’s religion or belief, either
individually or in community with others, and in public or private, except where
necessary restrictions are provided for by law. These comments also apply to
the Necessity Acts concerning proselytism. Removal of the legal prohibition
against proselytism is very strongly recommended. Failing this, proselytism
could be defined in such a way as to leave appropriate leeway for the exercise
of religious freedom.
135. With regard to legislation governing places of worship, the Special
Rapporteur is in favour of abolishing the Necessity Acts and elaborating a new
law which would dispense with the need to seek the opinion of the Orthodox
Church for the construction of places of worship and would confer on the State
the competence to guarantee religious freedom, limited only by such restrictions
as are internationally accepted.
136. With regard to the legislation on identity cards, which provides for
mention to be made of the holder’s religion, the Special Rapporteur recalls the
resolution of the European Parliament (see chap. I, B, para. 30) which
considered this provision firstly, as a violation of the fundamental freedoms of
the individual, particularly freedom of opinion and religious freedom, which are
the exclusive province of the human conscience and, secondly, as a provision
that should be abolished. The Special Rapporteur fully supports this
resolution.
137. As regards the legislation governing conscientious objection, while
acknowledging the efforts made by the Greek authorities, the Special Rapporteur
recalls the relevant resolutions of the Commission on Human Rights (see
chap. I, B, para. 40) and recommends the elaboration and adoption of legislation
offering service of a non-combatant or civilian character, in the public
interest and not of a punitive nature. In the event that a problem arises
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