A/HRC/10/11/Add.3
page 9
22. The government notes that, in family and inheritance matters, members of the Muslim
minority can choose to use Sharia Law or the Greek Civil Code and address themselves to either
local Muftis or the Greek civil courts. Sharia should be implemented only to the extent that its
rules are not in conflict with fundamental values of Greek society and the Greek legal and
constitutional order. In the field of gender equality, Article 5 (3) of Law 1920/1991 provides that
the courts shall not enforce decisions of the Muftis which are contrary to the Greek Constitution,
effectively banning polygamy, child marriage, marriage by proxy and biased inheritance laws.
23. The Greek National Commission on Human Rights noted cases involving the marriage of
several minors aged as young as 11 condoned under Sharia Law.7 The Greek civil courts were
found to be ratifying such cases in conflict with Greece’s international obligations, allegedly
under pressure not to offend the Muslim minority.
Education issues
24. Under of the Treaty of Lausanne, minorities can establish, manage and control schools at
their own expense providing significant autonomy in minority education.8 There are
194 minority primary schools in Western Thrace with courses taught in both Turkish and Greek.
Over 400 Muslim teachers are mostly graduates of the Special Pedagogical Academy of
Thessaloniki. In addition, two minority secondary schools operate in Xanthi and Komotini, while
two Koranic schools operate in Komotini and Echinos.
25. Community representatives claim that the quality of education in minority primary schools
falls far below Greek public schools and that the schools do not serve the fundamental needs of
the community. Teaching standards are allegedly poor and training courses for minority teachers
have been reduced from four years to two, with subsequent lowering of teaching standards. Low
quality language teaching means that children are not proficient in either Greek or Turkish on
leaving primary school. Problems have reportedly led some families to prefer their children to
attend Greek public schools.
26. A commonly stated problem is the absence of bilingual kindergartens for the Muslim
minority. This would allow better knowledge of both Turkish and Greek from an early age
therefore providing benefits in terms of integration, and enabling greater choice of whether to go
to minority or Greek public primary school.
7
Hellenic Republic National Commission For Human Rights, Report 2006, English Summary,
p. 61.
8
Article 40 state that: “they shall have an equal right to establish, manage and control at their
own expense, any charitable, religious and social institutions, any schools and other
establishments for instruction and education, with the right to use their own language and to
exercise their own religion freely therein.” Article 41 additionally establishes that, in towns and
districts where there is a considerable proportion of Greek nationals belonging to Moslim
minorities, these minorities shall be assured an equitable share in the enjoyment and application
of the sums which may be provided out of public funds under the State, municipal or other
budgets for educational, religious, or charitable purposes.