Public debate in Greece continues regarding the presence of holy icons in courtrooms, following a series of legal appeals and institutional interventions submitted in recent years.
The Greek Atheists Union filed an appeal in 2020 before the European Court of Human Rights, requesting the removal of religious icons from courtrooms. The organization argued that their presence could potentially undermine the right to a fair trial. Prior to this, the case had been examined by the Council of State of Greece, which rejected the request in its decision 71/2019.
Government Position: No Violation of Rights
On behalf of the state, the General Secretariat for Religious Affairs of the Ministry of Education, Religious Affairs and Sports submitted a memorandum to the Legal Council of the State. The document argues that the presence of holy icons does not violate fundamental rights but instead reflects Greece’s historical and cultural continuity.
It is emphasized that judicial decisions are issued “in the name of the Greek people” and not in favor of Christ or the Orthodox Church. Furthermore, there is no evidence suggesting that judges are influenced by religious beliefs or imagery when performing their duties. As such, the claim that icons compromise judicial impartiality or the right to a fair trial is not substantiated.
Constitutional and Cultural Context
The memorandum also highlights that the Greek Constitution recognizes the Orthodox Church as the prevailing religion in the country. This status is not only a legal provision but also closely tied to the historical and cultural identity of the Greek people. The Greek Orthodox tradition is described as an “inseparable existential element” of national identity.
Both the government and the Council of State maintain a consistent position that there is no grounds for removing religious icons from courtrooms.
Related Developments in Education
At the same time, the Ministry of Education continues to implement decisions of the Council of State (1749/2019 and 1750/2019) concerning religious education. According to these rulings, students who are Orthodox Christians are required to attend Religious Education classes, while non-Orthodox students are taught the new course called “Ethics”.
The two subjects are clearly distinguished and are not interchangeable, with participation determined by the religious identity of the students.
Source: minedu.gov.gr / Translated by: Konstantinos Menyktas
