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 Pursuant to Necessity Act No. 1672/1939 (which superseded Necessity Act No. 1363/1938), a government permit issued by the Ministry of National Education and Worship is required for the construction or establishment of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 Therefore, according to some representatives, the Necessity Acts should be deemed outdated.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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