E/CN.4/1998/6
page 34
be exercised freely, including the freedom of expression, through the press
and other media, publications, etc. This situation reflects the attitudes
traditionally prevailing within society in Greece.
149. “We also hope that the Special Rapporteur will not make general
judgements and categorization based on uncorroborated, partial or isolated
reports. We hope that he will make his judgement based on the legal system
in place, and the judicial and administrative procedures for the redress of
a situation to which citizens may object. In any country, notwithstanding
the fact that there may be occasional isolated untoward incidents or
administrative acts, one should take into account the existing legal and
administrative mechanisms ensuring the rule of law. Thus, we believe
judgement should be made taking into consideration all the elements of the
situation.”
Statement made by the Permanent Representative of Greece at
the fifty-third session of the Commission on Human Rights
150. “... As the Special Rapporteur has pointed out, the various aspects
of religious freedom - freedom of belief, freedom of conscience, freedom
of worship, freedom of practice, etc. - have a solid legal foundation in
article 13 of the Greek Constitution adopted in 1975 and amended in 1986.
Greece attaches the utmost importance to genuine compliance with its
international commitments in this regard, including article 9 of the European
Convention on Human Rights, the relevant provisions of the Treaty of Lausanne
of 1923, and its political commitments within the Organization for Security
and Cooperation in Europe. Moreover, it should be recalled that Greece
co-sponsors the resolution adopted each year by the General Assembly on the
elimination of all forms of religious intolerance. The Greek Parliament has
also recently taken up consideration of the ratification of the International
Covenant on Civil and Political Rights, article 18 of which concerns freedom
of conscience and religion.
151. “Regarding the legal framework for the protection of religious freedom
in Greece, the Special Rapporteur submits that the concept of 'known religion'
contained in article 13 of the Constitution 'would appear to contravene the
1981 Declaration' on religious intolerance. This concern appears unjustified,
as the purpose of the concept is to draw a distinction between religious
beliefs to which each person may have access and dogmas or sects whose
practice is secret and which could prove dangerous, as demonstrated by the
tragic events in Japan, Switzerland and elsewhere, which resulted in several
deaths. It should be noted in this respect that all the relevant
international instruments - including article 18 of the International
Covenant on Civil and Political Rights - provide for the possibility of
limiting freedom of religion for reasons of public order. Furthermore, as
the Special Rapporteur himself admits, all the religions to which he refers
have long been recognized as 'known religions' by the highest authorities of
the Greek State, including the Council of State.
152. “The Special Rapporteur focuses in particular on the Greek legislation
(Act No. 1672/1939) which makes proselytism a criminal offence. In
conjunction with article 13 of the Constitution, this Act applies to all
religions. It prohibits proselytism which uses fraudulent means or