CCPR/C/GRC/Q/2/Add.1

CCPR/C/GRC/Q/2/Add.1

United Nations / CCPR/C/GRC/Q/2/Add.1
/ International Covenant on
Civil and Political Rights / Distr.: General
4 August 2015
Original: English
English, French and Spanish Only

Human Rights Committee

115th session

19October–6November 2015

Item 5 of the provisional agenda

Consideration of reports submitted by States parties
under article 40 of the Covenant

List of issues in relation to the second periodic report of Greece

Addendum

Replies of Greece to the list of issues[*]

[Date received: 31July 2015]

1.Please state whether the provisions of the Covenant are directly applicable by domestic courts and to what extent they are invoked and applied. Where this has happened, please provide information. Please also provide information on the availability of remedies for individuals claiming a violation of the rights contained in the Covenant.

1.According to Article 28 (1) of the Constitution, the ICCPR, as an international treaty ratified by Greece, constitutes an integral part of Greek domestic law and prevails over any contrary provision of law. Alleged violations of the provisions of the Covenant, which are directly applicable in the Greek legal order, may be brought before the competent domestic courts through the exercise of the legal remedies provided for in the national legislation. In addition, all courts have the power not to apply, in a specific case pending before them, a law contrary to the ICCPR. The provisions of the ICCPR are often referred to in the case-law of the Greek courts, in particular articles 11, 14 and 26. In addition, national human rights institutions systematically mention the ICCPR in their reports and recommendations.

2.With reference to the recent Committee’s decision to suspend the follow-up procedure with regard to communication 1799/2008, Georgopoulos et al, due to its unsatisfactory implementation, please describe the current procedure for implementing the Views adopted by the Committee under the Optional Protocol to the Covenant. Please indicate what measures have been taken by the State party to follow up on the following communications: 1070/2002, Kouldis; 1486/2006, Kalamiotis; and 1558/2007, Katsaris.

2.With regard to the Committee’s Views in cases No.1486/2006 (Kalamiotis) and 1558/2007 (Katsaris), measures have been adopted to avert arbitrary actions by state bodies, to prevent acts of torture by police officers in the performance of their duties and to address racism and xenophobia. See below, replies to Questions 7, 11 and 12. Furthermore, in both cases, a criminal investigation was conducted; however, the criminal responsibility of the alleged perpetrators was not established. The authors of the above communications, acting in accordance with the provisions of the Introductory Law to the Civil Code (Articles 104, 105), were entitled to sue for civil damages against the State.

3.Regarding communication No 1799/2008 (Georgopoulos), the persons accused of the acts examined by the Committee were brought to justice and prosecuted on charges of breaching their service duty under their official capacity. However, their criminal responsibility was not established and they were acquitted by judgment No 3966/2012 of the first instance court of Patras.

4.Regarding case No.1070/2006 (Kouidis), the author could file a lawsuit for compensation against the State under Article 105 of the Introductory Law to the Civil Code in order to seek compensation for any damage he has suffered.

5.It is to be noted that, in the Greek legislation, there is no provision allowing the reopening of domestic judicial proceedings, as a follow-up to the Views adopted by the Committee on an individual communication. In cases where the HRC finds a violation of the author’s rights and the domestic law provides for the liability of the State, the author, acting in accordance with the provisions of the Introductory Law to the Civil Code (Articles 104, 105), may file a lawsuit for civil damages against the State (or Municipality in accordance with the provisions of domestic legislation) claiming that the unlawful act or omission violated his/her (Covenant) rights, on the basis of the Committee’s Views (see, mutatis mutandis, Court of Cassation judgment 1816/2007).

3.Please indicate the measures taken to ensure that the Greek National Commission for Human Rights (GNCHR) is provided with adequate financial resources for its effective functioning and full compliance with the Paris Principles, despite the serious financial and economic crisis currently being faced by the State party.

6.The Greek State acknowledges the valuable contribution of the National Commission for Human Rights (NCHR), at both the national and the European and international levels, and is committed to ensuring the Commission’s smooth and effective functioning, despite the challenges arising from the severe economic crisis which has affected the country during the last five years. The General Secretariat of the Government has assumed the obligation to financially support and administratively facilitate the conduct of the activities of the NCHR, in particular to take the necessary steps towards the Commission’s economic viability, the smooth participation of its members in the Plenary and its Departments, the filling of the scientific and administrative staff posts provided for its operation, the upgrade of its technological equipment and website, as well as the payment of the annual subscriptions of the NCHR to the International Coordinating Committee of NHRIs (ICC), the European Network of National Human Rights Institutions (ENNHRI), etc.
7.In particular, the signing of a joint decision of the Prime Minister and the Minister of Finance, concerning the remuneration of the President, the Vice-President and the members of the NCHR, is expected.

8.With regard to the NCHR’s staff, two legal/research officers and an administrative officer are already employed in its Secretariat, while the filling of the third scientific staff post and the completion of the secondment of an administrative officer in NCHR’s Secretariat are expected in the forthcoming period.

9.The upgrade of technological equipment of NCHR has already started. Technical support and upgrade of the NCHR’s website have been scheduled, to facilitate and promote the widest possible dissemination of the Commission’s work.

10.Finally, the issue of the payment of annual subscriptions to ICC and ENNHRI is on track to be resolved.

Non-discrimination, equality between men and women and rights of minorities (arts. 2, 3, 20, 26 and 27)

4.Please indicate the steps taken to enhance the participation and representation of women in political and public life, to increase the representation of women in decision-making positions and to implement the one-third quota of women candidates (CCPR/C/GRC/2, para. 66 and 67). Please also indicate which measures have been taken to increase the representation of women in the civil service and the judiciary, including in senior positions.

11.Measures to support the participation of women in positions of political responsibility at regional and local level: under the Project "Encouraging and supporting the participation of women in positions of political responsibility and representation at regional and local level", among others, 17 training seminars (1,000 women elected) have been held in the 13 Regions of Greece. Four (4) additional seminars were implemented in 2013 in four cities.

12.The implementation of Law 2839/2000, which introduced the compulsory, at least 1/3 quota of each gender in the councils, public bodies and local authorities will be monitored by the General Secretariat for Gender Equality (hereinafter: GSGE) through an online application (a relevant information circular is expected to be issued to public services).

13.Measures to support the participation of women in positions of political responsibility and representation at the national and the European policy level: an ongoing Project includes, among others, training seminars targeting women candidates in elections, as well as networking and counselling to support elected women or women interested in participating in politics.

14.Measures to empower women for their participation in economic decision-making centers: The EU Program PROGRESS 2013-2014, entitled "Positive actions for women for their promotion in economic decision-making centers", has included actions such as local, sectoral workshops for women and men corporate executives, HR Managers, etc. as well as coaching-leadership workshops and workshops for women (middle and senior managers). The Program is under implementation and is expected to be completed in December 2015.

15.Measures to encourage and support the participation of women in positions of political responsibility and representation at the regional and local level: Equality in Regions and Municipalities: Regional Committees on Gender Equality have been reestablished following the latest regional elections (May 2014), as it is required by Law 3852/2010 on the Administrative Reform of the Local & Regional Government. Members of the Committees are representatives of the regional administration, local gender equality NGOs and the GSGE. Furthermore, Greek municipalities and regions have signed the European Charter for Gender Equality in Local Life (2011) and committed themselves to make the most of opportunities and resources to promote gender equality for the benefit of all citizens.

5.Please provide information on measures taken to address the particularly high unemployment figures for women and persons with disabilities. Please also provide information on measures taken to address the disproportionate impact of the crisis and austerity measures on women. Please also provide information on measures designed to improve the accessibility of public buildings and public transportation to persons with disabilities.

16.During the first quarter of 2015, the unemployment rate in Greece was 26.6%, the rate of female unemployment standing at 30.6%, compared with 23.5% for men. The highest unemployment rate is recorded among young people, aged 15-24 (51.9%), which reaches among young women 57.0%. Through the programs implemented, the Ministry of Labour, Social Security and Social Welfare is seeking to enhance female employment growth, through the promotion of equal opportunities for women in employment.

17.More specifically, in addition to the employment and vocational training programs, which are addressed to the entire unemployed population, the Ministry of Labour implements a special, two-year, employment promotion program, subsidizing insurance contributions to engage 25.000 unemployed, addressed to private companies and, generally, private sector employers, with priority given to small businesses, employing up to 50 persons.

18.The Ministry of Labour has also completed the implementation of the «Special four-year employment promotion program, subsidizing insurance contributions to hire 40.000 unemployed» including the same special provisions for women with the above two-year program.

19.For the new programming period 2014-2020, the Ministry implements the program «Reconciling work and family life 2014-2015». In this year's cycle, 2014-2015, 74.900 children in total have been placed in care facilities and 62.200 persons in total were beneficiaries. The action aims at increasing employment and equal participation of women in working life, by providing care and accommodation posts for children, and providing substantial assistance to parents - especially women who are disproportionately affected by unemployment - in order to reconcile their demanding roles between family and professional life.

20.Furthermore, the General Secretariat for Gender Equality is implementing the Project ''Supporting NGOs (Women Organizations)''. Unemployed women are among the beneficiaries of the programme.

21.Aiming at enhancing employment of persons with disabilities, the following programs continued in 2014:

(a)A special, two-year, program supporting employers by subsidizing insurance contributions, to hire 2.300 unemployed persons with disabilities, former substance addicts, former inmates, young offenders or young people at social risk, and a program subsidizing 50 ergonomic workplace arrangement posts for persons with disabilities;

(b)A program subsidizing 800 young unemployed professionals with disabilities, former substance addicts, former inmates and a program subsidizing 50 ergonomic workplace arrangement jobs for persons with disabilities.

22.Through the Operational Program «Human Resources Development» (in the context of the National Strategic Reference Framework 2007-2013), the following programs were co-funded:
(a) The provision of integrated pre-training, vocational training and accompanying support services from specialized centers for the social and vocational inclusion of persons with disabilities, former substance addicts or persons under rehabilitation;

(b) Interventions in favor of vulnerable social groups by accredited specialized centers of social and vocational inclusion of persons with disabilities, former substance addicts or persons under rehabilitation, as well as by Vocational Training Centers;

(c) Implementation of integrated social inclusion interventions for vulnerable groups, addressed to unemployed persons from vulnerable groups, including persons with disabilities.

(d) With regard to children with disabilities, the European Social Fund, under the «Reconciling work and family lives» action, provides support for children with disabilities and / or adolescents and / or persons with mental retardation and / or physical disabilities, in the respective Creative Activity Centers for Children with Disabilities; it also provides support to children with disabilities in comprehensive care stations for children, which belong to a distinct group of structures.

23.Special measures have been adopted for the transportation of pupils with disabilities. The transportation of pupils attending schools for pupils with special educational needs takes place by suitable means of transportation provided by the municipal authorities, or through public procurements which lead to hiring private transports. Grants are available for pupils attending schools for pupils with special educational needs, in case such transportation services are not provided. Finally, compensation may be provided for escorts of schools for pupils with special educational needs, when required in the contract.

24.According to the legislation in force, in order to obtain a building licence (article 3 (2) of Law 4030/2011) it is mandatory to submit an accessibility plan. This applies to new construction projects, except housing, as well as to renovations of existing buildings, in order to ensure the autonomous safe mobility and accommodation of persons with disabilities. For existing buildings, the timeline for the completion of the necessary modifications expires at the end of the year 2020.

25.The Directorate of Reform Policy and e-Government of the Ministry of Interior and Administrative Reconstruction has promoted actions, so that public sector agencies may take the necessary steps, in accordance with the applicable legislation, to establish structures which enable access for people with disabilities. In particular, programs which have been implemented concerned the accessibility of persons with disabilities to municipal public buildings and the publication of the Handbook entitled “Methodology of Accessibility Control to Public Services and Infrastructures”.

26.Finally, the Citizens’ Service Centers, tasked with handling an increasing number of transactions with the Administration, must be housed in places accessible to people with disabilities, as provided for in the General Building Regulation.

6.Please provide information on the impact of the implementation of the National Program for Substantive Gender Equality 2010-2013 and updated information on the newly designed policy for gender equality for the period of 2014-2020 (CCPR/C/GRC/2, para. 69). Please also comment on reports that the existent legal framework is inadequate for ensuring effective judicial protection for women victims of discrimination.

27.The National Programme for Gender Equality 2010-2013 is carried out with funding from the National Strategic Reference Framework (NSRF) and has been extended until the end of 2015. For this reason, the implementation of the Programme has not yet been assessed. The Government will proceed to the evaluation and policy planning for the next programming period 2014-2020 through consultation with relevant stakeholders.

28.Law 3896/2010 on “Application of the principle of equal opportunities and equal treatment between men and women in matters of labour and employment” explicitly guarantees the right to access to a court of all persons who consider themselves wronged by failure to apply the principle ofequal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. Legal entities or unions of persons having a relevant legitimate interest may lodge, on behalf and with the approval of the victim, a legal remedy or a third party intervention before the competent judicial or administrative authorities. In addition, the law specifies the civil, administrative and penal sanctions in case of violation of the law, while the respondent bears the burden of proof in civil and administrative procedures. Furthermore, the Gender Equality Department of the Greek Ombudsman monitors the application of the principle of equal treatment for men and women in employment and occupation and may also investigate cases of gender discrimination in the field of the conditions of service of public sector employees, as well as in the private sector, also covering self-employed men and women.

7.In light of the previous concluding observations (CCPR/CO/83/GRC, para. 19), please provide information on measures taken to combat discrimination and hate speech on the ground of sexual orientation or gender identity and to intensify awareness raising activities aimed at the police force and wider public. Please also clarify whether the anti-discrimination Law 3304/2005 prohibits discrimination on grounds of sexual orientation and gender identity in all fields and provide the number of individual complaints received by the Greek Ombudsman related to discrimination on grounds of sexual orientation and gender identity in the last 5 years, and information on measures taken in response to these complaints.

29.Law 927/1979 as amended by the new anti-racism law 4285/2014, articles 81 A of the Criminal Code and 61 b of the Criminal Code (as amended or inserted by the same Law) provide for criminal sanctions in case of hate crimes and hate speech, on the ground, among others, of sexual orientation and gender identity. The implementation of the respective legislation is under review by the Ministry of Justice, Transparency and Human Rights with a view to enhancing its effectiveness and visibility.

30.The Ministry of Justice, Transparency and Human Rights has undertaken initiatives aimed at combatting hate speech and hate crimes based on bias motivation, including sexual orientation or gender identity (see below, reply to Question 8).

31.Moreover, the Ministry is currently consulting with an international body on measures to intensify awareness-raising of the wider public concerning discrimination based on sexual orientation and gender identity. Very recently, the Ministry made public a legislative initiative for the new civil (registered) partnership, which will be available to adult persons regardless of gender and will confer rights equivalent to those deriving from marriage. It is considered that the recognition of same-sex unions will contribute to the fight against discrimination and racist violence based on sexual orientation or gender identity.