A/51/542/Add.1
English
Page 7
(c)
Legislation concerning identity cards
26. Act No. 1899/1986 (art. 3, para. 1, subpara. 12) provides that identity
cards must indicate the religion of the bearer. Unless a declaration to that
effect is made, the identity card is not issued.
27. On 6 April 1993, the Greek Parliament adopted a new law on the matter
obliging citizens to declare their religious affiliation on their identity
cards. A draft amendment making the reference to religion optional on personal
identity documents was withdrawn.
28. According to the Ministry of the Interior, Public Administration and
Decentralization, the indication of religion on identity cards has no legal
force and the notion of citizenship alone is paramount. The reference to
religion apparently reflects a religious tradition and satisfies the demands of
the Greek Orthodox Church. According to the Ministry of Justice, what is
involved is the right to declare one’s religion in accordance with international
law. The religious identification of citizens would, for instance, be necessary
in matters of inheritance or of funeral rites. The representatives of the
Orthodox Church echoed the latter argument and said that they favoured an
optional indication of religion on identity cards.
29. All non-governmental representatives were opposed to any indication of
religion on identity cards because it might become a basic source of
discrimination and intolerance based on religion or belief (see chap. II). They
underscored the unconstitutionality of the existing law and its incompatibility
with international law.
30. Attention was drawn in particular to the resolution of the European
Parliament on the compulsory mention of religion on Greek identity cards:
"... C. whereas the compulsory mention of religion on identity
documents violates the fundamental freedoms of the individual as set out in
the Universal Declaration of Human Rights and the European Convention on
Human Rights,
"... E. recalling that freedom of opinion and religious freedom are
part of the foundations of a constitutional State and are the exclusive
province of human conscience,
1.
Calls on the Greek Government to amend the current legal
provisions once and for all to abolish any mention, even optional, of
religion on new Greek identity cards and not to bow to pressure from the
Orthodox hierarchy ...;
2.
Considers that the role which religion has played or still plays
in any society, however important it may be and without value judgements,
in no way justifies the requirement to mention religion on an identity
card."
/...