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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS INITIAL REPORT OF GREECE

30 April 2004

Committee on Economic, Social
and Cultural Rights 29 April 2004

The Committee on Economic, Social and Cultural Rights this afternoon concluded its consideration of the initial report of Greece on its compliance with the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Eleftherios Karayiannis, Ambassador and Counsellor for International Relations to the Minister for Employment and Social Protection of Greece, said his country attached great importance to the respect, protection and fulfilment of the economic, social and cultural rights of its people.

Mr. Karayiannis said that since the submission of the report, major developments had taken place with regard to issues pertaining to economic, social and cultural rights. An Integrated Plan of Action was established in 2002 to promote the social integration of the Roma people.

In the course of their consideration of the report, Committee Experts raised questions with regard to the living conditions of the Roma people; expropriation and forced evictions related to preparations for the Olympic Games; the lack of legal provisions against domestic violence; the high rate of tobacco and alcohol consumption; and illegal migrants.

The Committee will release its concluding observations and recommendations on the report of Greece at the end of its three-week session on 14 May.

Representing Greece were Tassos Kriekoukis, Ambassador and Permanent Representative of Greece to the United Nations Office at Geneva; Takis Sarris, Minister Counsellor, Deputy Permanent Representative of Greece to the United Nations Office at Geneva; Andreas Cambitsis, Minister Counsellor at the Permanent Mission; Vassiliki Moustakatou, Head of Section, Ministry of the Interior, Public Administration and Decentralization; Olga Dritsa-Doshori, Head of Section, Ministry of National Economy and Finance; Ioanna Manganara, Expert Minister-Counsellor, and Elias Kastanas, Rapporteur at the Legal Department, Ministry of Foreign Affairs; and Matina Koumentakou, Director, Secretary-General of Research and Technology, Ministry of Development.

Also, Christos Antonopoulos, Head of Section, Ministry of the Environment, Town Planning and Public Works; Roi Hourdaki, Head of Section, Ministry of National Education and Religious Affairs; Athina Diakoumakou, Head of Section, Ministry of Employment and Social Protection; Athina Makri, Second Secretary, Permanent Mission of Greece in Geneva; Stylianos Garipis, Special Collaborator of the Minister on Legal Issues, Ministry of Health and Social Solidarity; Eleni Boulkou, Expert, Ministry of Agricultural Development and Food; Sotiria, Hatzopoulou, Special Collaborator of the Secretary-General, Ministry of Culture; Vassilios Konstantopoulos, Deputy Director, Ministry of Public Order; and Ioanna Prokaki, Press Attaché, Ministry of Press and Mass Media.

As one of the 149 States parties to the Covenant, Greece must provide periodic reports to the Committee on its efforts to implement the provisions of the treaty. The 18-member Greek delegation was on hand during three meetings to present the report and provide answers to question raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Friday, 30 April, it is scheduled to start its consideration of the initial report of Kuwait (E/1990/5/Add.57). A press release will be issued at the end of the Committee’s public consideration of the report of Kuwait on Monday, 3 May.

Report of Greece

The initial report of Greece, contained in document E/1990/5/Add.56, provides information on how the State party implements the provisions of the International Covenant on Economic, Social and Cultural Rights. It says 13 ministries participated in preparing the report, and each contributed in accordance with its area of competence. It notes that the principle of non-discrimination is enshrined in various provisions of the Greek Constitution. According to article 22, all workers, irrespective of gender or other distinction, shall be entitled to equal pay for work of equal value. Any form of discrimination in the enjoyment and exercise of individual and social rights is considered as contrary to the Constitution.

Foreign nationals of non-European Union Member States, who are holders of a residence permit, enjoy the same labour rights and have the same obligations as Greek workers relating to remuneration, working terms and conditions, their social security rights and other financial obligations. The Constitution does not prohibit the exercise and enjoyment of individual and social rights by foreigners. Foreign nationals of European Union Member States have the right to free movement and to stay in Greece with the view to the exercise of a paid or non-paid activity under the same prerequisites as those required for Greek nationals.

The right to freely participate in the economic and social life of the country is one of the citizens’ fundamental rights, the report notes. The Constitution prohibits any form of compulsory work and provides for special regulations in case of war or urgent social emergencies resulting from disasters. Both Greek nationals and foreigners, either bound by a dependent working relationship or being liberal professionals, enjoy the said right.

The Greek Government is strongly interested in the achievement of a substantial equality between women and men, the report says. During the recent revision of the Greek Constitution, positive measures were taken towards the removal of existing inequalities against women.


Presentation of Report

ELEFTHERIOS KARAYIANNIS, Counsellor for International Relations to the Minister for Employment and Social Protection of Greece, said Greece attached great importance to the respect, protection and fulfilment of economic, social and cultural rights. It also endeavoured for the establishment of the principles of universality, indivisibility, and interdependence of all human rights. Those principles were fully reflected in the country’s Constitution, which had a reinforced social character. The Constitution also confirmed that Greece was a welfare State under the rule of law.

Mr. Karayiannis said that since the submission of the report, major developments had taken place with regard to issues pertaining to economic, social and cultural rights. An Integrated Plan of Action was established in 2002 to promote the social integration of the Roma people. Housing works had been completed in 53 municipalities. From 1997 to 2004, 1,682 prefabricated houses had been given to 6,000 Roma living in huts, tens and shacks, while 808 more prefabricated houses were under construction.

In June 2003, the Government had established the Emergency Social Care Unit, within the Ministry of Health and Social Solidarity, which operated a hotline providing information and psychological counselling to women who were victims of trafficking, Mr. Karayiannis said. In compliance with the new Greek law against trafficking in human beings, an inter-ministerial committee had been set up to deal with problems faced by victims of trafficking.

With regard to persons with disabilities, he continued, measures had been adopted with the aim of guaranteeing social protection and a decent standard of living, as well as favourable conditions for retirement.

Clarifying his country’s position on ethnic minorities, Mr. Karayiannis said that the only officially recognized minority in Greece was the Muslim minority in Thrace, protected on the basis of the 1923 Treaty of Lausanne. That minority consisted of three distinct groups, whose members were of Turkish origin, Pomaks and Roma. Each of those groups had its own distinct spoken language and traditions. They shared, however, a common religion -- Islam --, which was the basic reason for the denomination of that minority in its totality in the Treaty of Lausanne as the Muslim minority. References to some groups of persons as constituting national or ethnic minorities were not based on international law and did not correspond to existing realities in the field.

He underlined that the non-recognition of a group as a minority, on the basis of solid legal and factual grounds such as those put forward by the Greek authorities, did not impair the enjoyment of economic, social and cultural rights.

Consideration of the Report

Committee Experts raised a number of questions concerning the situation of the Roma; invoking the International Covenant on Economic, Social and Cultural Rights before the courts; the situation of minorities; gender equality; rights of Greek citizens compared to rights of foreigners; unemployment; labour inspectors; protection awarded to persons with disabilities; the right to housing; consumption of tobacco and alcohol; trafficking in persons; corporal punishment; domestic violence; child labour; teaching in minority languages; and the rate of school attendance.

An Expert said Roma were reportedly persecuted by the police and the Government had to take further measures to redress the situation. Roma communities had also been affected by the preparations for the Olympic Games and some of their houses had been demolished. Another Expert said that apparently, some municipalities had decided that travelling Roma could not erect their tents in habitable sectors but could only do so far away from towns where they lacked running water and electricity. He requested more information.

In response to the question on invoking the Covenant in courts, the Greek delegation said that once international treaties were incorporated into the domestic legal order, they could be invoked before courts and by administrative authorities. However, judgments relating to the provisions of the International Covenant on Economic, Social and Cultural Rights were rare.

Concerning the issue of minorities, the delegation said Muslims in Thrace could express themselves in their own language. States were better placed to assess whether a certain group fulfilled the criteria for its official recognition as a minority. Without such recognition, everyone still enjoyed their economic, social and cultural rights.

The Government believed that all international treaties to which it was a party should be disseminated and the population should be aware of their provisions, the delegation said. A series of training programmes had been provided for law enforcement agents, including judges and procurator-generals.

The Greek Ombudsman had investigated a large number of cases pertaining to issues including economic, social and cultural rights, the delegation said. At least 12 per cent of the cases dealt with issues of protection of minority rights and disadvantaged groups.

On gender equality, the delegation said that the authorities had taken measures to prevent discrimination against women in employment, education and other fields. In addition, a law had been adopted to safeguard the equal treatment of women and to prohibit any discriminatory hiring or firing of women on grounds of their sex. The law also ensured equal payment between men and women for work of equal value. The principles of collective agreement were based on equal treatment of both sexes.

Concerning rights of foreigners, the delegation said that although the Greek Constitution reserved certain rights to Greek citizens, international treaties that obliged the State to provide protection to foreigners in its territory bound the Greek authorities.

Due to the preparations for the Olympic Games, some Roma had been affected and their houses had been demolished to make space for the Games, the delegation said. However, the municipalities had taken measures to relocate and compensate those who had lost their domiciles. The representatives of the Roma communities were directly involved in the negotiation process to relocate them. Mortgage loans had also been made available to the Roma communities by the authorities.

Asked about the unacceptability of certain provisions of the Sharia law within the Muslim community, the delegation said that acts of polygamy, early marriage and marriage by proxy were not acceptable to the Greek law. However, the choice of whether to use the Sharia or the Greek Civil Code in the family and inheritance law cases belonged to the Muslim minority members themselves. In the field of equality between men and women, the Greek courts did not enforce decisions of the Muftis, which were contrary to the Constitution.

In response to a question on whether there were specific labour courts, the delegation of Greece said that there were no judges or courts specialized in specific cases, such as labour disputes. Such cases were taken care of in regular courts.

With regards to unemployment, the unemployment rate in 2003 was 8.9 per cent, which was the lowest since 1997, when it stood above 10 per cent, the delegation said. In Greece, minimum wage was determined within a tripartite collective agreement – the State, employer and the trade unions. The economic situation of the country was taken into account while fixing the minimum wage each year.

Concerning equal pay for equal work, women and men were not equally remunerated in the rural and remote areas, the delegation said. Even in a labour that required skill, women were not adequately paid like their male counterparts. The Government was increasing its efforts to raise awareness in those areas so that the law on equality was implemented.

Collective bargaining in the public sector had been carried out last year for the first time, the delegation. A number of public sector trade unions joined the bargaining process to regulate a number of issues, including salaries and modalities of strikes.

With regards to persons with disabilities, the Government had endeavoured to facilitate their access to buildings and other public centres, the delegation said. Such facilities had been provided in 13 regions of the country. Students with visual and hearing difficulties had been provided with accessories to pursue their studies. Computerized devices were also made available to individuals who could not write normally in order to communicate with others.

Concerning labour inspectors, they could terminate the work of enterprises that did not match the standards prescribed under the law, the delegation said. In 2000, 393 sites had been ordered to stop work after a thorough inspection while in 2001, 618 sites had met with a similar fate. A number of inspections had also been carried out during the last three years.

Out of the 40,000 strong police force of Greece, approximately 10 per cent were female officers, the delegation said. In 2003, the number of females increased to 4,905. In the same year, 7,530 male candidates and 1,606 female candidates had applied to join the police training institute to be trained as police cadets. In both cases, 13 per cent from each side were admitted.

The Government had made efforts in disseminating the provisions of the Covenant so that people could be aware of its contents, the delegation said. In addition, human rights teaching had been introduced into school curriculum and police training programmes.

With regards to corporal punishment, the delegation said corporal punishment was prohibited in schools and teachers who inflicted any violent acts were held responsible for their acts.

The Roma people were eligible to receive food under an emergency programme, the delegation said. It was true that the Roma experienced acute food shortages; however, they received food supplies from the State. The Government had also put in place an integrated action plan for the social integration of Greek Roma.

Greece had not yet resolved its problem with regard to health services, the delegation said. The expansion of private clinics was due to the increased demand for health care combined with a lack of adequate capability of the public health sector.

Concerning the high rate of consumption of tobacco, which one Expert said was the highest in Europe, the delegation said advertisements for tobacco on radio and in newspapers were prohibited. During the period of the Olympic games, it would be strictly prohibited to place tobacco and alcohol advertisements in public places. Tobacco and alcoholic consumption had become a social problem in Greece.

On the issue of domestic violence, there had been a number of cases of domestic violence which had been reported lately to the police, the delegation said. In many cases, women who were battered by their husbands did not report this for fear of reprisal from their husbands. If such cases were brought to justice, the perpetrators received heavy penalties. The municipality of Athens, in collaboration with the Secretariat of Gender Equality, was running guesthouses for victims of domestic violence. The Government was envisaging legal measures against domestic violence and marital rape.

Every effort was being made to place detainees in healthy detention facilities, the delegation said. Further, the police took precautions so that detainees did not escape, commit suicide or inflict self-injuries. The Government had taken measures to speed up the process of expulsion of those who were detained for being in the country illegally.

Concerning trafficking in persons, in collaboration with non-governmental organizations, the Government had set up several shelters and centres for the rehabilitation of victims of trafficking, the delegation said. A number of operations had been carried out at the border areas and several victims had been saved, with many traffickers arrested and penalized. The new law to fight trafficking in human beings provided assistance and protection to victims while repressing the perpetrators of the crime.

With regards to social benefits, Greece had a national plan of action against social exclusion, the delegation said. Further measures had been taken to assist low-income families, particularly those with children. Non-working parents also benefited from social assistance, as did other vulnerable individuals.

The number of illegal migrants had gone down in recent years, thanks to the relentless efforts of the police to control borders and the entry of individuals without documents, the delegation said. The Government had also taken steps to regularize many of the illegal migrants, which had contributed to the reduction of the undocumented individuals.

Concerning school attendance, the delegation said the number of primary school dropouts was much lower than those who dropped out of secondary education. The number of Roma primary school attendants was 6,219 in 2002-03 and only half of them completed their studies.

With regard to teaching in minority languages, the delegation said that bilingual teaching was being conducted in Thrace for the Muslim minority where education was provided in Greek and Turkish. Those wishing to further pursue their education could go to Greek higher schools or join religious schools.

Children between 15 and 18 years could be engaged in light work with agricultural firms and family enterprises, the delegation said. The law regulated the working conditions of working children.




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