by Effie Fokas
European Court of Human Rights in Strasbourg, France
The Western Thrace region of Greece exists as an anomaly in Europe for the prevalence of sharia courts over secular courts on matters related to family law. This anomaly is left over from a population exchange between Greece and Turkey and the terms set out in the 1923 Treaty of Lausanne. The governance of sharia in the region (specifically, for interference in the selection of Muftis) has been the subject of several cases against the state of Greece in the European Court of Human Rights (ECtHR), cases in which the Greek state was found to be violating the claimants’ freedom of religion.
Unsurprisingly, the Greek state is keen to avoid further shaming over an issue that already draws significant negative attention from its European partners. In November of 2017, the Greek government announced a bill to limit the powers of Islamic sharia courts operating in Western Thrace. Continue Reading…
by the Hon. B. Theodore Bozonelis | ελληνικά | ру́сский
Despite the world-wide recognition of the status of His All-Holiness Ecumenical Patriarch Bartholomew as the spiritual leader of all Orthodox Christians, the government of Turkey will give no legal standing and status to the Ecumenical Patriarchate, the historical Holy Center of Orthodox Christianity at the Phanar, in Istanbul. The lack of legal standing and status in essence nullifies property and other fundamental civil rights in Turkey for the Ecumenical Patriarchate which precludes its full exercise of religious freedom. The Ecumenical Patriarchate cannot own in its name the churches to serve the faithful or the cemeteries to provide for their repose. Since it lacks a legal standing, the Ecumenical Patriarchate is powerless to pursue legal remedies to assert property rights or even seek to repair deteriorating property without government approval.
Instead and in lieu of legal standing, Turkey has established a system of minority (community) foundations for Orthodox Christians and other non-Muslim religious minorities to hold properties supervised and controlled by the Turkish government’s General Directorate of Foundations. The Directorate regulates all the activities of religious community foundations which include approximately 75 Greek Orthodox, 42 Armenian and 19 Jewish foundations. The 1935 Law on Religious Foundations, and a subsequent 1936 Decree, required all foundations, Muslim or non-Muslim, to declare their properties by registering the same with the General Directorate of Foundations. Continue Reading…