Is There a Right to Choose a Religious Jurisdiction over the Civil Courts? The Application of Sharia Law in the Minority in Western Thrace, Greece
2. The Right to “Exit” the Minority’s Legal Order
3. The Right to Choose Sharia Law to Ensure “Real Equality” for the Minority
4. The Religious Jurisdiction under the Guarantee of the Right to a Fair Trial
Conflicts of Interest
- Barry, Brian. 2001. Culture and Equality, an Egalitarian Critique of Multiculturalism. Cambridge: Polity Press, pp. 112–13. [Google Scholar]
- Christopoulos, Dimitris. 2000. Droit, Europe et Minorités. Critique de la science juridique européenne. Athens: Sakkoulas Ant, pp. 241–74. [Google Scholar]
- Kymlicka, Will. 1995. Multicultural Citizenship. Oxford: Oxford University Press, pp. 37, 152. [Google Scholar]
- Kymlicka, Will. 2002. Contemporary Political Philosophy: An Introduction. Oxford: Oxford University Press. [Google Scholar]
- Narayan, Uma. 1998. Essence of culture and a sense of history: A feminist critique of cultural essentialism. Hypatia 13: 86–106. [Google Scholar] [CrossRef]
- Phillips, Anne. 2009. Multiculturalism without Culture. Princeton: Princeton University Press, pp. 154–57. [Google Scholar]
- Tsitselikis, Konstantinos. 2012. Old and New Islam in Greece, From Historical Minorities to Immigrant Newcomers. Leiden and Boston: Martinus Nijhoff. [Google Scholar]
In the Treaty of Lausanne of 24 July 1923, Greece and Turkey agreed to a compulsory exchange of Greek and Turkish populations. The Treaty expressly excluded the “Moslem inhabitants of Western Thrace” and the “Greek inhabitants of Constantinople” from this population transfer. The Greek State recognises the existence of only one minority on Greek territory, namely, the “Muslim” minority of Western Thrace.
Art. 5, Legislative Act, 24 December 1990 “On Muslim Clerics” (A’ 182) ratified by the sole Article of Law 1920/1991 Official Gazette of the Hellenic Republic, 1991, Issue A’ no 11. A Mufti is a Greek civil servant holding the rank of Director-General of Administration who is appointed by presidential decree on a proposal by the Minister of Education and Religious Affairs.
This is mentioned also in the case of Molla Sali v. Greece [GC], (no. 20452/14) 19/12/2018, para. 48.
Judgment no 9/2008 First Instance Court of Rhodes, no 102/2012 & no 1263/2003 First Instance Court of Xanthi, no 405/2000 First Instance Court of Thebes, no 642/2009 Court of Appeals of Thrace.
First Instance Court of Xanthi, no 102/2012.
First Instance Court of Xanthi, no 1623/2003. See the case law in para. 48–55, Molla Sali v. Greece.
Supreme Court, Judgments no 1041/2000, 1097/2007, 2113/2009, 1497/2013, 1862/2013, 2138/2013.
ECtHR, Molla Sali v. Greece [GC], (no. 20452/14) 19/12/2018.
Law no 4511/2018, Official Gazette of the Hellenic Republic, 15 January 2018 Issue A’, “Amendment of Article 5 of Legislative Act of 24 December 1990 “On Muslim Clerics” (A’ 182) ratified by the sole Article of Law 1920/1991 (A’ 11), available at https://www.minedu.gov.gr/publications/docs2018/Law_4511_2018_Reform_on_Mufti_jurisdiction_Sharia_law.pdf. If either party does not wish for the case to be subject to the jurisdiction of the Mufti, he or she may apply to civil courts, pursuant to ordinary substantive and procedural provisions, which in any case have the presumption of jurisdiction.
The Treaty of Athens was signed between the Ottoman Empire and the Kingdom of Greece on 14 November 1913. For the government’s written arguments see Molla Sali v. Greece, para. 113.
Grand Chamber hearing—06/12/2017, available at: https://www.echr.coe.int/.
See decision no 102/2012, First Instance Court of Xanthi.
Molla Sali v. Greece, para. 36.
Bayatyan v. Armenia (GC) (no. 23459/03), 7/7/2011, para. 126.
ECtHR, Refah Partisi (The Welfare Party) and others v. Turkey (GC) (no 41340-41344/98) 13/2/2003, para. 70 & 119.
Minority Schools in Albania, Advisory Opinion, 6/4/1935 P.C.I.J. (ser. A/B) No. 64, para. 48–52, 61–68.
Office of the High Commissioner for Human Rights, General Comment No 23: The Rights of Minorities (Art. 27), CCPR/C/21/Rev.1/Add.5 (8/4/1994), para. 4, 5.1, 5.2, 6.1, 6.2, 9.
Committee on Economic, Social and Cultural Rights, General Comment No 21, Right of Everyone to Take Part in Cultural Life (art. 15, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights), E/C.12/GC/21, 21/12/2009, para. 11, 12, 23, 32.
UN General Assembly, Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 3 February 1992, A/RES/47/135.
UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32.
Report by Mr Thomas Hammaberg, Commissioner for Human Rights of the Council of Europe, following his visit to Greece on 8–10 December 2008 (CommDH(2009)9, 19/2/2009, Issue reviewed: human rights of minorities, p. 14, Council of Europe: Parliamentary Assembly, Freedom of religion and other human rights for non-Muslim minorities in Turkey and for the Muslim minority in Thrace (Eastern Greece), 21 April 2009, Doc. 11860, para. 55 “99% of the muftis’ decisions are ratified by the Greek courts, even where they infringe women’s and children’s rights as laid down in the Constitution or the ECHR”.
ECtHR, Okyay and others v. Turkey, (no. 36220/97), 12 July 2005, § 73.
© 2019 by the author. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (http://creativecommons.org/licenses/by/4.0/).
Kalampakou, E. Is There a Right to Choose a Religious Jurisdiction over the Civil Courts? The Application of Sharia Law in the Minority in Western Thrace, Greece. Religions 2019, 10, 260. https://doi.org/10.3390/rel10040260
Kalampakou E. Is There a Right to Choose a Religious Jurisdiction over the Civil Courts? The Application of Sharia Law in the Minority in Western Thrace, Greece. Religions. 2019; 10(4):260. https://doi.org/10.3390/rel10040260Chicago/Turabian Style
Kalampakou, Eleni. 2019. "Is There a Right to Choose a Religious Jurisdiction over the Civil Courts? The Application of Sharia Law in the Minority in Western Thrace, Greece" Religions 10, no. 4: 260. https://doi.org/10.3390/rel10040260