A/HRC/28/47
Greece
38.
In October 2014, Law 4301, a new law on the organization of the legal form of
religious communities in Greece, was adopted by the Hellenic Parliament. The concept of
“religious legal person” was legislated in Greece for the first time, with the aim of
attributing the appropriate legal form to religious communities and regulating the issue of
their organization. Thus, the fundamental right to religious freedom has been strengthened,
and the collective expression of religious beliefs of all members of religious communities
has been facilitated.
39.
European Union Council Framework Decision 2008/913/JHA of November 2008
has been implemented through Law 4285/2014 (amendment of Law 927/1979) on
combating certain forms and expressions of racism and xenophobia by means of criminal
law. Articles 1 and 2 of Law 4285/2014 provide for sanctions against anyone who publicly
incites to actions creating discrimination, hatred or violence against a group of persons or a
member of such a group defined by reference to race, colour, religion, descent, national or
ethnic origin, sexual orientation or disability, jeopardizing public order.
40.
Sanctions are also prescribed for those who incite such actions resulting in the
commission of a crime. The same sanctions are provided for anyone who publicly
condones, trivializes or denies war crimes, crimes of genocide or crimes against humanity,
including the Holocaust and crimes of Nazism, that have been recognized in decisions of
international courts or by the Hellenic Parliament. Moreover, sanctions for the
aforementioned offences are provided vis-à-vis public servants.
Ireland
41.
Article 44 of the Irish Constitution specifically protects religious freedom and the
right to freedom of expression of convictions and opinions. The law also provides for
strong protection against discrimination on nine grounds, including religious belief, through
the Employment Equality Acts, which cover discrimination in the workplace, and the Equal
Status Acts, which provide for protection against discrimination in the provision of goods
and services. The legislation is designed to promote equality, prohibit discrimination —
direct, indirect and by association — and victimization, and allows for positive action
measures to ensure full equality. Irish legislation also provides for remedies for those who
have suffered discrimination.
42.
The Prohibition of Incitement to Hatred Act, 1989, makes it an offence, inter alia, to
use words, publish or distribute written material, or broadcast any visual images or sounds
that are threatening, abusive or insulting and are intended to or, having regard to all the
circumstances, are likely to stir up hatred.
43.
Where criminal offences such as assault, criminal damage or public order offences
are committed against a person based on their religion or belief, the offences are prosecuted
as generic offences through the wider criminal law, but judges are required to take such
aggravating factors into account at sentencing.
44.
In 2012, the Government established the Convention on the Constitution, which
published its sixth report in January 2014, in which it recommended that a referendum
should be held with a view to removing the offence of blasphemy from the Constitution.
The Government’s response was presented to the Dáil (in the Irish Parliament) in October
2014 and the referendum will take place at an appropriate date to be decided by the
Government after the necessary consultations have been completed and the required
legislation has been prepared. A vote in favour of removing the offence of blasphemy from
the Constitution would permit removing the legislative provision for the offence.
8
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