Osservatorio delle libertà ed istituzioni religiose

Olir

Osservatorio delle Libertà ed Istituzioni Religiose

Documenti • 6 Luglio 2005

Costituzione 11 giugno 1975

Costituzione, 11 giugno 1975 e successivi emendamenti.

Part I Fundamental Provisions

Section I Form of Government

(Omissis)

Article 2
Human Dignity

(1) Respect for and protection of human dignity constitute the primary obligation of the State.
(2) Greece, following the generally accepted rules of international law, seeks consolidation of peace and justice and fostering of friendly relations among Peoples and States.

Section II Relations between church and state

Article 3
Relations of Church and State

(1) The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece acknowledging as its head Our Lord Jesus Christ is indissolubly united in doctrine with the Great Church of Constantinople and every other Church of Christ of the same doctrine. It observes steadfastly, as they do, the holy apostolic and synodical canons and the holy tradition. It is autocephalous, exercising its sovereign rights independently of any other church, and is administered by the Holy Synod of Bishops and the Parliament Holy Synod which emanates from the former and is constituted in accordance with the Constitutional Chart of the Church and the provisions of the Patriarchal Document of 29 June 1850 and the Synodal Deed of 4 September 1928.
(2) The religious status prevailing in certain parts of the State is not contrary to the provisions of the aforegoing paragraph.
(3) The text of the Holy Scriptures shall be maintained unaltered. The official translation thereof into any other linguistic form, without the sanction of the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited.

Part II Individual and Social Rights

Article 4
Citizenship and Equality

(1) All Greeks are equal before the law.
(2) Greek men and Greek women have equal rights and obligations.
(3) Greek citizens are those who possess the qualifications specified by the law. No one shall be deprived of his citizenship save in the case of persons assuming on their own free will another citizenship or joining a service in another country which is contrary to the national interests, in accordance with the conditions and procedure laid down by the law in detail.
(4) Only Greek citizens shall be eligible for public service save in those cases where exceptions are introduced by specific legislation.
(5) Greek citizens shall, without discrimination, contribute towards sharing the burden of public expenditure according to their ability.
(6) Every Greek able to bear arms shall be obliged to assist in the defence of the nation, as provided by law.
(7) Titles of nobility or distinction shall neither be conferred upon, nor recognized in Greek citizens.

Article 5
Freedom, Integrity

(1) Each person is entitled to develop his personality freely and participate in the social, economic, and political life of the country, provided that he does not encroach upon the rights of others, the Constitution, or bona mores.
(2) All persons within the Greek State enjoy full protection of their life, honor, and freedom, irrespective of nationality, race, creed, or political allegiance. Exceptions shall be permitted in such cases as are provided for by international law. Aliens persecuted for acts carried out in defence of their freedom shall not be extradited.
(3) Personal liberty is inviolable. No person shall be prosecuted, arrested, imprisoned, or otherwise restricted, save when and in the manner specified by law.
(4) Individual administrative measures restricting free movement or freedom of residence in the country and the right of every Greek to leave or enter Greece shall be prohibited. Such measures may be taken in cases of extraordinary emergency and only for the prevention of illegal acts, following the decision of a penal court as the law provides. In cases of utmost urgency, the ruling of the court may be issued after the administrative act has been taken, but not later than three days; if not the said administrative act shall be lifted ipso jure.

(Omissis)

Article 12
Association

(1) Greeks have the right to establish non-profit unions and associations, observing the laws of the State which cannot, however, make the exercise of such right subject to previous permission by the Government.
(2) An association may not be dissolved for violating the laws or a fundamental provision of the by-laws without a court decision.
(3) The provisions of the aforegoing paragraph also apply per anlogia to unions which do not constitute an association.
(4) Restrictions on the right of association of civil servants may be imposed by law. Restrictions on the same right may also be imposed upon local government employees or those of other bodies corporate of public law, or public enterprises.
(5) Agricultural and urban co-operation of any kind shall be self-governed in accordance with the provisions of the law or their by-laws and shall be placed under the protection and
supervision of the State which shall be obliged to provide for the development thereof.
(6) Law may establish compulsory co-operatives which shall aim at achieving goals, relating to the common good or the public interest or the joint exploitation of agricultural areas or other material resources, safeguarding in every case equality of treatment of those participating therein.

Article 13
Religion

(1) The freedom of religious conscience is inviolable. The enjoyment of civil and individual rights does not depend on the religious conviction of each individual.
(2) Every known religion is free and the forms of worship thereof shall be practiced without any hindrance by the State and under protection of the law. The exercise of worship shall not contravene public order or offend morals. Proselytizing is prohibited.
(3) The ministers of all religions are subject to the same obligations towards the State and to the same state supervision as the ministers of the established religion.
(4) No person shall, by reason of his religious convictions, be exempt from discharging his obligations to the State, or refuse to comply with the laws.
(5) No oath shall be imposed without a law specifying the form thereof.

(Omissis)

Part II
Individual and Social Rights

Article 21
Family

(1) The institution of the family, being the foundation of the preservation and improvement of the nation, as well as marriage, motherhood, and childhood, shall be protected by the State.
(2) Families with a large number of children, war and peace invalids, war victims, widows, and orphans of persons killed in the war, and those suffering from mental or physical illness shall be under special state care.
(3) The State shall be concerned with the health of the citizens and shall take special measures for the protection of youth, old age, cripples, and those who are destitute.
(4) The provision of homes to those who are homeless or live in inadequate housing conditions shall be the subject of special care by the State.

(Omissis)

Article 25
Protection of Fundamental Rights

(1) The right of human beings as individuals and as members of the social body are guaranteed by the State, all the functionaries whereof are obliged to safeguard the unimpaired exercise thereof.
(2) The recognition and protection of the fundamental and inalienable rights of man by the State shall aim at achieving social progress in freedom and justice.
(3) Abuse of rights shall be prohibited.
(4) The State has the right to demand of all citizens that they perform the duty of social and national solidarity.

(Omissis)