GREEK HELSINKI MONITOR (GHM)
MINORITY RIGHTS GROUP – GREECE (MRG-G)
Address: P.O. Box 60820, GR-15304 Glyka Nera
Telephone: (+30) 210.347.22.59. Fax: (+30) 210.601.87.60.
Web: www.GreekHelsinki.gr
Presentation to the UN Human Rights Committee
on Greece’s Compliance with the International Covenant
on Civil
and Political Rights
22 March 2005
Greek Helsinki Monitor (GHM)
and Minority Rights Group - Greece (MRG-G) have submitted
to the UN Human Rights Committee (HRC), in February
2005, a “Parallel Summary Report on Greece’s Compliance
with the International Covenant on Civil and Political Rights
(ICCPR)” along the lines of the HRC’s List of Issues on
Greece.[1] Below
is a highlight of the main points of the “Parallel Report”
with some underlined updates. In addition, GHM & MRG-G
draw the attention of the HRC to discrimination against homosexuals.
1. Generally good legal system suffers in the implementation
and the lack of sanctions
Greek Ombudsman Professor George
Kaminis has aptly stated[2] that “Greece
has … a very advanced legislation [and] a good constitution.
The problem lies in its implementation… There are courts,
prosecutors … have you seen them produce any results?”[3] “If we really want to ameliorate
the public sector, what is needed is not reconciliatory procedures,
but sanctions.”
Update: This severe
criticism of the inadequacy of even the courts became very
pertinent in the past two months when we have had an avalanche
of very serious allegations about corruption and favoritism
among prosecutors and judges, involving thus far a score
of them, often in complicity with Orthodox Church officials.
What appeared striking to some is that most of these allegations
concerned behavior of judicial officers of at least a few
years ago that, as it has been widely reported, was known
to many including their superiors. Yet only when the scandal
became public and concerned as victims important persons
as well, did the courts move to investigate these allegations.
Seizing this opportunity, GHM wrote to the country’s chief
prosecutor and judge, their unions, as well as the Minister
of Justice, on 15 February 2005, bringing to their attention
(for most cases again) 32 cases of policemen and civilians
(in the Amaliada, Western Greece) initially charged with
drug trafficking, trafficking in persons, corruption, etc.
following competent police investigation: local and regional
courts had failed to find anyone one guilty in all but 3-4
cases. Moreover, in other three cases (trafficking in persons
or racist speech in the media) charges were dropped for statute
of limitation as prosecutors had let years lapse since the
time of the facts. In three other cases, prosecutors and/or
bailiffs were involved in summons never having been served
to trafficking victims or Roma victims of state violence
so they missed their trials or court criminal investigations.
While in a notorious police violence against Roma children
case, GHM had extensively documented a cover up in the investigation
involving breach of duty, perjury, forgery, etc. but no credible
investigation had been carried out. GHM asked for all these
cases to be included in the current investigation of judicial
officials’ inadequate if not illegal and corrupt attitude.
Five weeks later there has once again be no such action,
perhaps because here the victims belong almost all to minorities.
2. Direct and indirect gender
discrimination
In at least one law enforcement
agency, the (police) border guards, there is an entry quota
of 10% for women. In many other agencies, gender discrimination
is indirect. Update: The state’s Higher
Council for Selection of Personnel (ASEP)’s Vice-President
Agisilaos Bakopoulos confirmed (Eleftherotypia, 20 March
2005) that –in his words- the “‘trick’ used now is equal body
height or performance in sport events.” Such criteria exist
for the selection (outside the ASEP system) of professional
soldiers, guards of state agencies and banks, as well as in
police academies. Administrative courts usually vindicate women
who would anyway apply and be rejected but clearly women are
discouraged by this practice.
3. Domestic violence and marital
rape still not covered by explicit criminal legislation
The HRC is urged to ask the Greek
government to communicate to the HRC the ECSR decision reportedly
finding Greece in violation, to help the HRC better understand
the situation on corporal punishment of children.[4] Update: Already, a legislative
amendment to ban corporal punishment at secondary schools was
tabled, while a commission to help introduce legislation against
domestic violence has been formed by the Ministry of Justice:
GHM & MRG-G hope that the outcome of its work would not
have the fate of a similar commission established several years
ago, whose draft bill was rejected by the Ministry.
4. Ill-treatment, misuse of
firearms, and related impunity
GHM & MRG-G have worked in
collaboration, inter alia, with Amnesty International (AI)
on monitoring ill-treatment, misuse of firearms, and related
impunity. Besides AI’s related presentation to the HRC, GHM & MRG-G
would like to recall a UN Committee Against Torture (CAT)
request to Greece to provide information on the specific, detailed
and documented allegations made by NGOs, especially on 117
individual cases and five raids of Roma settlements, included
in joint reports of World Organization Against Torture (OMCT)
and Greek NGOs. The state failed to provide any information
on the specific cases, and to adequately answer CAT’s questions.
HRC should urge Greece to carry out or –where necessary- reopen
prompt, thorough and impartial investigations on these charges
and report back to the various international bodies. The investigations
into these cases reported by several NGOs should also deal
with allegations of cover up and consequent impunity. The whole
operation need be assigned to a Supreme Court Prosecutor who
should then draw a comprehensive report on all these cases
that Greece should submit to the UN Human Rights Bodies that
have asked for related information. Perpetrators should be
punished and victims compensated. In the meantime, HRC is requested
to reaffirm the essence of the November 2004 CAT recommendations
on Greece.
Update: Moreover,
GHM & MRG-G highlight with new information the leniency
of courts even in the rare cases they convict law enforcement
officers for such charges. In the report to HRC, GHM & MRG-G
reported on only suspended sentences of up to 2.5 years for
port officials convicted for torture. Ten days ago, (now
cashiered) police officer George Tyllianakis who had killed
a Rom in 2001 was convicted –at first instance- for felony
murder to 13 years in prison but the sentence was suspended
pending appeal (which may take years to be held). The only
other cases known in Greek courts where sentences of more
than 10 years for such charges were suspended pending appeal
involve, again, two police officers. Theodore Haloulakos
had crippled for life a teenager in 2000, was sentenced to
10 years and 3 months for attempted murder in 2001 but the
sentence was suspended until confirmed on appeal in 2003,
when the officer starting serving the sentence. Theodore
Katsas killed a youth in 2002 and was sentenced for felony
murder to 12.5 years in prison in 2004 but the sentence was
suspended pending appeal. GHM & MRG-G recall that in
several other cases of police officers killing unarmed civilians,
the perpetrators got away with misdemeanors manslaughter
sentences of up to three years –which they were able to convert
to a fine- or were acquitted (usually when the victims were
Roma or Albanians). Moreover, in its presentation to UN CAT,
Greece repeatedly stated that any police officer who gets
convicted to at least six months in prison is cashiered from
the service. This is not true though, as GHM & MRG-G
had the opportunity to realize in concrete cases. Indeed,
according to Article 9 of PD 22/1994 as amended in 2004,
for a series of serious crimes a final conviction of a police
officer leads to cashiering. However, in view of article
49 of the same law, such disciplinary action can take place
only if there had been no or just a lower previous disciplinary
sanction against this officer. If, as has happened in many
cases, a higher sanction of temporary dismissal from service
had been imposed, then the officer cannot be punished again
and thus stays in the force! This is why in many serious
cases police disciplinary councils impose temporary dismissal
sanctions to police officers which are in fact protecting
them from cashiering in the event of a criminal conviction,
while can be overturned if the officers are acquitted in
court.
5. Trafficking in human beings
In addition to the presentation
made to HRC by AI, GHM & MRG-G would like to reiterate
that no statistics on the prosecution of cases under the new
(or the old) law are kept. Thus, Greece did not answer a similar
question asked by CAT in November 2004. GHM & MRG-G are
aware –to a large extent thanks to a Hellenic Aid (Greek MFA)
sponsored program to provide legal and administrative assistance
to victims- that, in a handful of cases, under the new 3064/2002
law, there have been some notable convictions in first instance
for traffickers arrested in 2003 or 2004. Yet, GHM & MRG-G
would like to mention one recent ruling by a Three-Member Appeals
Felony Court of Thessaloniki in November 2004, leading to a
six-and-a-half year prison sentence for only two of the six
defendants.[5] The victim –even though reportedly given the
new law’s protection- did not appear in court making it impossible
to prove some of the charges. There was no state investigation
why this protected victim failed to show up in court or whether
she is still in Greece. While two Russian victims, who escaped
their traffickers in Syros in December 2003, live in scare
as, more than fifteen months later, the judicial investigation
is still at the preliminary inquiry stage (whose legally allowed
maximum time is eight months): no charges are pressed and thus
the traffickers continue to walk and work freely in a known
address in Athens…
On the 502 missing Albanian children
-the “Agia Varvara” case, after a preliminary investigation,
on 1 December 2004, the Prosecutor pressed felony charges “against
anyone involved” for the “abduction of children less than 14
years of age.” An investigative judge was assigned to carry
out the main investigation. Update: In the
March 2005 Report of the UN Special Rapporteur on
the sale of children (E/CN.4/2005/78/Add.3) it is indicated
that a related Communication jointly sent to the Greek authorities
with the UN Special Rapporteur on trafficking in persons on
this case has remained unanswered.
6. Detention conditions in prisons
and police detention areas
In addition to the comprehensive
AI presentation to the HRC, GHM & MRG-G would like to highlight
that they have been repeatedly denied access to all detention
or prison facilities they formally sought access to in recent
years. They are making available to HRC the November 2004 photos
kindly made available by Doctors of the World – Greece from
the Mytilini detention facility, which later became notorious
for hosting also hundreds of UAM (unaccompanied minors) illegal
entrants who after being released were going missing without
the child prosecuting authorities being informed.
7. Inadequate legal aid to minority
persons
GHM & MRG-G would like to draw
the HRC’s attention to the section in their report on the inadequacy
of the free legal aid provisions as well as the legal services
offered by several lawyers to minority persons whom they are
exploiting, without repeated allegations on this having ever
being investigated.
8. Severe restrictions to religious
freedom
According to Professor Michalis
Stathopoulos, a leading civil law expert and the former Minister
of Justice who abolished the religious reference in the identity
cards –only to be removed from his job a little later–, the
Greek state in many ways “is religious.” More generally,
he noted[6] that “There is, in violation of religious freedom, a ‘religiosiation’
(with religious ceremonies) of some purely state activities
in which necessarily many non-Christian or non-religious persons
have to participate. Characteristically the beginning of each
session of Parliament takes a religious character –as in Iran.” This
means also:
1. Update: Ten
days ago, the new President of the Republic gave a Orthodox
Christian oath of office to the Parliament, but the ceremony
was officiated by the Archbishop and not the Speaker of the
Parliament. Likewise, many civil servants –like the graduates
of the diplomatic academy- take the oath of office –itself
secular- in ceremonies officiated by Church leaders.
2. Although the prevailing Orthodox
Church has a formal statute invested in a law, minority religions
are either associations, or, as in the case of the Catholic
Church -whose presence in today Greek territory is older than
the state itself- exist in a legal limbo with various legal
personalities considered unsatisfactory by that Church.
3. Most crucially, in every court
room, there is an icon of Jesus Christ behind and above the
presiding judge’s head. To every participant in the proceedings,
this gives the impression that they are not in a Greek state
court (which would have been signified by a picture of the
head of state) but in a Christian court. GHM & MRG-G distribute
pictures of courtrooms indicating the Christ’s icon, the Gospel
in the witness stand for taking the oath, and – incidentally-
the place taken by the prosecutor –on the bench next to the
judges- which symbolically confirms the practice that the prosecutor
acts as another judge. Witnesses take a Christian oath, unless
they expressly ask to be exempted from it after they declare
their different religious identity. Jurors also take a Christian
oath.
4. Members of minority religions
face various forms of prejudice, harassment and discrimination.
There are no mosques outside Thrace and the Dodecanese for
the hundreds of thousands Muslim migrants who are forced to
attend “underground” mosques. There is no possibility to get
cremated. Most state cemeteries are operated by the Orthodox
Church which often refuses the burial to non-Orthodox. Although
there are no recent court cases on proselytism, Jehovah Witnesses
continue to be harassed. The Ministry of Education has refused
to allow the operation of houses of worship by Scientologists
or Dodecatheists (followers of the ancient Greek religion). Update: In
February 2005, the Council of Europe’s Committee of Ministers
reminded Greece once again that the outdated legislation on
proselytism and houses of worship (Law 1363/1938 and
Decree of 20 May/2 June 1939) “is still
in force and its amendment is considered necessary for reasons
of legal safety.”[7] Hence,
again there was no Resolution of the Committee of Ministers
of the Council of Europe that acknowledges the execution of
the judgment. Members of religious minorities are rarely
found in state administration jobs, especially in high echelons;
they cannot become either teachers in nursery schools or single-teacher
primary schools, unless the pupils are of the same religion
with the teacher. An aspect of the constitutionally obligatory
Eastern-Orthodox-centered education is the mandatory religious
education classes of catechism of the prevailing religion.
Non-Orthodox pupils can opt out of this and leave class during
it; but only after they first declare their religion. The content
of the religious education schoolbooks include several discriminatory
references to minority religions. Update: GHM & MRG-G
were told by the Ministry of Education that some of them were
removed from the 2004 edition of the 3rd year secondary
school book. Moreover, with the exception of the traditional
minority schools in Thrace and some schools with many Cathloics,
even in state schools where there are a significant number
of pupils belonging to one non-Orthodox (usually Muslim) denomination,
the state does not provide religious education to them. Schools
can also ask from the Orthodox Church to send priests for the
confession of the pupils, which is not possible for the other
faiths. In the National Education Council, in which a national
dialogue on the future of education was launched in January
2005, its 32 members include representatives of various government
agencies and parliamentary parties, of rectors, of secondary
school and university students, of teachers’ unions, of parents’
associations, of trade and businessmen unions, of local administration,
and of the Holy Synod of the Church of Greece.[8] Finally, religious education teachers can also teach –as part
of Christian ethics- anachronistic views on sexual life matters.
They have been given for example a CD-Rom that argues that
“with the legalization of abortions there is an official genocide”
which is compared with Hitler’s mass killings of 300,000 disabled
Germans and then 6 million Jews, while AIDS is blamed on sexual
liberation. It is to be noted that on the other hand there
is no mandatory sexual education.[9]
9. Conscientious objectors
GHM & MRG-G consider AI’s presentation
to HRC comprehensive.
10. Problems of freedom of expression
Laws call for seizure or ban of
books and prison sentences to their authors which may be considered
offensive to the dominant religion (in theory to all religions
but no book has ever been seized for being offensive to Islam
or the Jewish religion).
11. Incitement to national,
racial or religious hatred
As then NCHR and now ECHR expert
Nicholas Sitaropoulos wrote,[10] “Greek courts have never
effectively applied anti-racism Law 927/1979. A series of
recent criminal proceedings targeting the publication of
anti-Semitic, xenophobic/racist texts in the press, brought
before Greek criminal courts by an NGO (Greek Helsinki Monitor),
have not had any effect, mainly due to misinterpretation
by Greek courts of the above statute.” Hence “ECRI
is concerned over reports from non-governmental organisations
indicating that racist incidents have occurred in Greece
- including racist statements made in public or reported
in the press, and acts of racist violence - and that such
incidents have not been prosecuted or indeed given all due
attention by the Greek authorities. This problem may not
necessarily be the result of a deficiency in terms of criminal
law provision, but rather of an interpretation of the notion
of racism by certain judicial authorities, leading to either
no charges being brought, or charges being dropped in these
cases.”
12. Freedom of association
There are currently no associations
in Greece operating legally with their names including the
words “Macedonian” or “Turkish” to reflect the ethnic or national
identity of their members. This situation reflects the refusal
of Greece to acknowledge the presence of a Macedonia and a
Turkish minority in its territory. In the GHM & MRG-G report
as well as in the AI presentation to HRC detailed information
is provided about one Macedonian and several Turkish associations
dissolved or refused registration by the courts through 2005.
13. Discrimination between ethnic
and non-ethnic Greek applicants for citizenship
Ethnic Greeks have privileged access
to the acquisition or the restoration of Greek citizenship
as compared to non-ethnic Greeks, for whom not only requirements
are more onerous but also they are rarely citizenship even
if they have lived in Greece for decades and are married with
a Greek and/or have children with Greek citizenship. Even among
ethnic Greeks, moreover, the state gives privileged access
to citizenship to those from former Soviet states while routinely
denying it to those from Albania, a formal discrimination denounced
by the Greek Ombudsman too.
14. Recognition of minorities
ECRI aptly summarizes the
situation of minorities in Greece: “In its second report,
ECRI encouraged the authorities to ensure that all groups in
Greece, Macedonians and Turks included, could exercise their
rights to freedom of association and freedom of expression
in accordance with international legal standards. ECRI notes
that the Greek authorities are more ready to recognise the
existence of minority groups in Greece, such as the Pomaks
or the Roma, including the fact that certain members of these
groups have a native language other than Greek. However, other
groups still encounter difficulties, the Macedonians and Turks
for example. Even today, persons wishing to express their Macedonian,
Turkish or other identity incur the hostility of the population.
They are targets of prejudices and stereotypes, and sometimes
face discrimination, especially in the labour market.”
The UN Committee on Economic,
Social and Cultural Rights (CESCR), in its 2004 Concluding
Observations, after having read a similar presentation by
Greece on minorities with the one included in the state report
to HRC, stated: “The Committee is concerned that there
is only one officially recognized minority in Greece, whereas
there are other ethnic groups seeking that status. (...)
The Committee urges the State party to reconsider its position
with regard to the recognition of other ethnic, religious
or linguistic minorities which may exist within its territory,
in accordance with recognized international standards, and
invites it to ratify the Council of Europe Framework Convention
for the Protection of National Minorities (1995).”
The Greek state report to HRC drew
the criticism of the National Commission for Human Rights in
its review of that draft. The NCHR first recalled the prevailing
principle of self-identification. It then pointed out that,
besides the “Muslim” minority, there is de jure recognition
of the Jewish minority as well. Following that it listed other
ethnic, religious or linguistic minorities, like Roma, Catholics,
Protestants, Armenians, Jehovah’s Witnesses, Turks, Pomaks,
(Slavo)Macedonians, Vlachs and Arvanites, adding that “some
of these groups also seek recognition of their ethnic origins.” It
concluded that “this situation does not confirm the categorical
statement in the draft report according to which there are
no other groups in Greece which could be defined according
to international law standards as minorities.”
GHM & MRG-G
consider of utmost importance that HRC urges Greece to acknowledge
the presence of, if not formally recognize, various ethno-national
or ethno-cultural minorities that aspire to such status or
at least implicitly indicate they want to preserve their
identity. An unequivocal opinion on the applicability of
Article 27 as interpreted in the 1994 General Comment is
necessary, as in the case of France, in view of similar “denial
of minorities” attitudes of the two states. It is stressed
that the recommendation need be unequivocal as Greece has
stated, in the November 2004 ECRI seminar in Athens, that
it does not consider the aforementioned UN CESCR recommendation
as calling Greece to recognize other minorities. Greece argued
that, since the recommendation refers to minorities that may exist,
it is up to the state to ascertain if there are such minorities:
the Greek state believes that no other minorities do exist
hence it is not obliged to consider such recognition.
HRC
is requested to remind Greece that it should interpret Article
27 according to the General Comment and most particularly
the following excerpts:
“5.1.
The [...] persons designed to be protected are those who
belong to a group and who share in common a culture, a
religion and/or a language. Those terms also indicate that
the individuals designed to be protected need not be citizens
of the State party [...]. A State party may not, therefore,
restrict the rights under article 27 to its citizens alone.’
‘5.2.
Article 27 confers rights on persons belonging to minorities
which “exist” in a State party. [...] Thus, migrant workers
or even visitors in a State party constituting such minorities
are entitled not to be denied the exercise of those rights.
[...] The existence of an ethnic, religious or linguistic
minority in a given State party does not depend upon a
decision by that State party but requires to be established
by objective criteria [...]’.
In view
of the above, Greece has to recognize that there are Greek
citizens who have a national (or ethno-national) identity
of Macedonian or Turkish; as well as others who have an ethnic
(ethno-linguistic or ethno-cultural) identity of Roma. They
should all be conferred the rights of Article 27, which should
also be extended to migrant communities, many of which have
now been living in Greece for up to fifteen years.
15. The use of sharia among
‘Muslim’ minority women
Muslim minority women formally
have the option of turning either to the local muftis (if they
live in Western Thrace, as there are no Muftis in the rest
of Greece) or to the competent Greek courts concerning family
and inheritance law cases. In reality, however, Muslim minority
women are not aware of this fact. Moreover, even if they turned
to the civil courts, case law indicates that the latter do
not review the merits of the decisions of the muftis but only
if the formalities are correct: hence, the muftis’ rulings
are in reality final, as experts have stated.[11] The
most serious problem though is that such procedures take place
before religious or judicial authorities without the women
even being informed. GHM & MRG-G have also noted numerous
other causes for concern over the way Muslim minority are treated
by state authorities. One concern is polygamy. Greek case law
indicates that it is not considered a crime (as it is considered
for non-Muslims) and that the Koranic reference to it in conjunction
with law 14/1914 overrides the relevant provisions of Greek
civil law and Greek public order.[12] Finally,
there are more problems concerning the marriage of minors belonging
to two minorities, the Roma and the “Muslims”. Thousands of
marriages involving one or both spouses aged (often much) less
than eighteen have taken place and were recognized. As long
as Christian priests or Muslim muftis perform them, the state
approves them without even court decisions. Update: Besides
the recent extreme case, of an August 2004 wedding between
a twenty-two year old Muslim man and an eleven year old Muslim
girl (both Muslim Roma), an article in “Vimagazino” insert
in “To Vima” of 20 March 2005 included the information
that the sister of this girl, herself 14, is already married
to a 16 year old, while the bridegroom in the first marriage
was missing from the pictures of the wedding which was probably
a proxy marriage. In the article, references are made to two
specific weddings of minority women at the age of 13 and 15,
and to a prevailing attitude in Muslim Roma and Muslim Pomak
communities of women aged 15 with several children already. Among
Christian Roma too, data gathered by medical personnel of the
state Aglaia Kiriakou Children’s Hospital, the average
marriage age was 14 for women and 17 for men.[13]
16. Racist prejudice against
migrants and Roma
According to the extensive excerpts
of statements and observations by both IGOs and by Ministry
of Public Order officials reproduced in the report, racial
prejudice on the part of police officers towards migrants and
Roma merely reflects prevailing racist attitudes in Greek society.
This is why there is a -disproportionately to their share in
the population- high number of victims of police violence who
are Roma or migrants. GHM & MRG-G draw the attention to
a very indicative recent example of racial profiling in Patras,
detailed in their report to HRC.
17. Forced evictions of Roma
The GHM & MRG-G report to HRC,
as well as the AI and the Centre on Housing Rights and Evictions (COHRE) presentations
to HRC, provide ample and documented evidence on systematic
forced evictions of Roma, especially around the 2004 Olympic
Games, without compensation or provision of alternative housing,
and with ensuing impunity even when such illegal actions are
taken before the courts. ECRI, the UN CESCR, UN CAT, as well
the Greek NCHR, have also expressed similar concerns. Collective
complaint under the European Social Charter No. 15/2003 European
Roma Rights Centre v. Greece, lodged in April 2003, related
to Article 16 (the right of the family to social, legal and
economic protection) and the Preamble (non-discrimination)
of the European Social Charter. It was claimed that there is
widespread discrimination both in law and in practice against
Roma in the field of housing. The European Committee of Social
Rights transmitted its decision on the merits of the complaint
to the Committee of Ministers on 7 February 2005. The HRC is
urged to ask the Greek government to communicate to the HRC
the ECSR decision so as to help the HRC better understand the
situation on forced evictions.
18. Dissemination of information
related to the ICCPR and state-NGO relations
GHM & MRG-G have previously
stated that the UN Covenants as well as most UN Treaties, and
state reports to and recommendations of UN Human Rights Bodies
are widely unknown and unavailable in Greece, and hardly ever
used by courts (the report to CEDAW was an exception). The
Greek Ministry of Foreign Affairs does not publish even state
reports, while Greece’s review is not mentioned even in Greece’s
UN site www.greeceun.org. Greek delegation pledges
to UN Treaty Bodies that publication of state reports and the
bodies’ concluding documents will take place has remained an
unfulfilled promise to date. Update: GHM & MRG-G
have sent to the Greek authorities their report the same day
they submitted it to the HRC, making themselves available for
an exchange of information and a discussion with the competent
agencies. With the exception of the Ministry of Education,
no other ministry or agency replied to GHM & MRG-G: worse,
in the 16 March 2005 meeting of the inter-ministerial task
force on trafficking with the NGOs working on this topic, GHM
was the only NGO that was practically not allowed to raise
the issues included in its reports to UN CAT and UN HRC, and
was asked to merely send them to the task force (even though
they had already been sent…).
19. Update: Discrimination
against homosexuals
Greece’s dogged resistance
to the notion of any form of family unit other then the “traditional”
family also extends to their refusal to recognize homosexual
relationships. Greece GHM & MRG-G welcome the February
2005 NCHR ruling on homosexual rights[14] that
recommended to the Greek government to recognize same sex
couples so that they cease be discriminated against on matters
of inheritance, tax, social security, health and welfare,
pensions, and work. NCHR also recommended the amendment of
the anti-discrimination law 927/79 (see section 11 above)
to include protection against incitation to discrimination
or hatred on the basis of sexual orientation. Most importantly,
the NCHR called for the abolition of Article 347 of the Criminal
Code that describes the homosexual male act as “unnatural
indecency” and criminalizes it if carried out in an abuse
of a dependant situation, but also if done for money (male
prostitution) or with a child of less than 17 years (as opposed
to 15 for heterosexual relations). NCHR also called on the
National Council for Radio and Television to sanction programs
where there are insulting or discriminatory references to
homosexuals; on the Ministry of Public Order to take measures
so that humiliating and discriminatory behavior of law enforcement
officers towards homosexuals in stop and searches ceases
and to facilitate granting asylum to people persecuted in
their countries for their sexual orientation; and on the
Ministry of Education to see to it that sexual orientation
does not lead to discrimination against teaching personnel,
and to include references to sexual orientation in sexual
education classes that need be introduced at schools.
[2] Interview
in the Athens based magazine Tachydromos inserted
in the Saturday edition of the daily newspaper Ta Nea,
24 April 2004.
[3] Interview
in the Athens based daily newspaper Ethnos, Sunday
issue, April 13, 2003.
[10] Nicholas
Sitaropoulos, at the time he wrote this text, was the Legal
Research Officer for the Greek National Commission for Human
Rights and Independent Expert for Greece in the context of
a relevant program of the European Union and the Migration
Policy Group, Brussels. See “Executive Summary on race equality
directive, state of play in Greece, 12 October 2003”, section
5, document available at
http://europa.eu.int/comm/employment_social/...
[11] Constantinos
Tsitselikis, “The place of the mufti in the Greek legal order”
in D. Christopoulos ed “Legal Issues of Religious Otherness
in Greece”, KEMO/Kritiki, 1999, pp. 273-330 (in Greek).
[12] Constantinos
Tsitselikis, “The place of the mufti in the Greek legal order”
in D. Christopoulos ed “Legal Issues of Religious Otherness
in Greece”, KEMO/Kritiki, 1999, pp. 273-330 (in Greek).
[13] Document
entitled Statistic Data of the Program for the protection
and promotion of health and of the social integration of
Greek Gypsies, undated, circa February 2003, at p 2.
[14] http://www.nchr.gr/media/word/gay_rights_final.doc
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