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.

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