A/HRC/22/51/Add.1
III. Domestic legal framework on freedom of religion or belief
13.
Article 18 of the Constitution of the Republic of Cyprus, which entered into force in
1960, provides that every person has the right to freedom of thought, conscience and
religion and that all religions are equal before the law. The use of physical or moral
compulsion for the purpose of making a person change, or preventing a person from
changing, his or her religion is prohibited (article 18 (5) of the Constitution) and until a
person attains the age of sixteen the decision as to the religion to be professed by him shall
be taken by the person having the lawful guardianship of such person (article 18 (7) of the
Constitution).
14.
The Republic of Cyprus has no official or State religion. Despite the secular nature
of the State, however, the bi-communal structure which pervades the entire architecture of
the 1960 Constitution implies a close relationship between the State and the traditionally
dominant religions – in particular Greek Orthodox Christianity and Islam – which,
according to article 2, intimately relates to the Greek Cypriot and Turkish Cypriot ethnic
communities. According to article 2 (1), the Greek Community comprises all citizens of the
Republic who are of Greek origin and whose mother tongue is Greek or who share Greek
cultural traditions or who are members of the Greek Orthodox Church. Likewise, according
to article 2 (2), the Turkish Community comprises all citizens of the Republic who are of
Turkish origin and whose mother tongue is Turkish or who share Turkish cultural traditions
or who are Muslims.
15.
Although individual citizens are not required to identify themselves with a particular
religious denomination, religion constitutes one of the defining characteristics of the two
ethnic communities to which every citizen of the Republic of Cyprus is supposed to belong.
Hence, article 2 (3) states that all Cypriot citizens – including those from ethnic, linguistic,
cultural or religious origins other than the two dominant ones – have to associate
themselves formally with one of the two ethnic communities. Moreover, religious
communities also have the option of associating themselves collectively with one of the two
ethnic communities. The Armenian Orthodox Church, the Maronite Catholic Church and
the Roman Catholic (“Latin”4) Church in Cyprus have opted to belong to the Greek
Community of Cyprus. The Constitution hence recognizes three minority religious groups:
Armenian Orthodox, Maronite Catholics and “Latins”.
16.
Pursuant to article 110 (1) of the Constitution, the Autocephalous Greek Orthodox
Church of Cyprus has the exclusive right of regulating and administering its own internal
affairs and property in accordance with its holy canons and charter. Article 110 (2) of the
Constitution provides that “all matters relating to, or in any way affecting, the institution or
foundation of Vakf or the vakfs or any vakf properties, including properties belonging to
Mosques and any other Moslem religious institution, shall be governed solely by and under
the Laws and Principles of Vakfs (ahkamul evkaf) and the laws and regulations enacted or
made by the Turkish Communal Chamber”.
17.
The three recognized minority religious groups (Maronite Catholics, Armenian
Orthodox and “Latins”) are also exempt from taxes and are eligible, along with the Greek
Orthodox Church of Cyprus and the Evkaf, for Government subsidies for their religious
institutions. Other non-specified religious or belief-related communities do not benefit from
similar advantages. Religious groups other than the five recognized ones do not need to
register with the Government of the Republic of Cyprus; however, they must register as
4
6
“Latins” is a term generally used in Cyprus for Roman Catholics who come from Italy, Malta, France,
Portugal or countries with a Latin culture.