A/51/542/Add.1
English
Page 6
B.
1.
(a)
Other legal provisions and concerns of the
Special Rapporteur
General provisions concerning religious freedom
Legislation concerning places of worship
20. Pursuant to Necessity Act No. 1672/1939 (which superseded Necessity Act
No. 1363/1938), a government permit issued by the Ministry of National Education
and Worship is required for the construction or establishment of non-Orthodox
places of worship.
21. However, such approval in turn requires - not to mention, inter alia, a
request by at least fifty families - authorization by the local Orthodox
metropolitan. Any church or place for religious assembly built and operated
without authorization is liable to be closed and put under seal and those
responsible for the "illegal" installation may be prosecuted, imprisoned and
required to pay a substantial fine.
22. According to information from non-governmental sources, these acts have
made the regime governing the practice of any "heterodox" worship more rigid and
at times almost arbitrary. Furthermore, the involvement of the Greek Orthodox
Church - by virtue of its prerogative in the authorization process to issue an
opinion having legal standing - in practice often appears to create serious
impediments to the exercise of religious freedom by minorities (see chap. II).
(b)
Legislation concerning proselytism
23. Pursuant to Necessity Act No. 1672/1939, proselytism is a criminal offence.
It is defined as any direct or indirect attempt to influence or alter the
religious beliefs of others, in particular by fraudulent means or with promises
of any type of material or moral gain. The practice of proselytism is subject
to severe penalties: these include imprisonment, fines, police surveillance and
the expulsion of foreigners.
24. The Acts, which date from the dictatorship of General Metaxas but are still
in force, were originally intended to safeguard the provisions of the 1911
Constitution prohibiting proselytism against the Orthodox Church. However, the
1975 Constitution does not draw such a distinction and protects all religions
from proselytism. Therefore, according to some representatives, the Necessity
Acts should be deemed outdated. A number of representatives of non-governmental
organizations consider them to be manifestly contrary to the Constitution.
25. The Special Rapporteur reiterates his remarks concerning proselytism (see
paras. 11-12 above) and notes that in practice the religious freedom of
minorities is severely undermined, given the manner in which proselytism is
viewed (see chap. II).
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