| For a summary of Greece’s review at the second cycle please click here. |
11th UPR session
Date of review: 9 May 2011
Date of report adoption: 22 September 2011
Working Group report: A/HRC/18/13
| Summary
Recommendations made: Include sexual orientation and gender identity as grounds for protection in anti-discrimination legislation and policies; consider recognizing same sex couples. Status of recommendations: Accepted. Recommendations made: Incorporate in the legislation the combat against discrimination based on gender identity or expression Status of recommendations: Recommendation accepted although government considers that gender identity and expression fall under the sexual orientation bracket, with no need for separate protection. |
I. Key issues/recommendations identified by NGOs
- Include gender identity as grounds for protection in all anti-discrimination legislation;
- Provide same-sex partners with equal rights and responsibilities as opposite-sex partners;
- Consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist policy-making in this area.
II. Excerpts from input reports
National Report
III. Promotion and protection of human rights in Greece
A. Measures and mechanisms to combat discrimination
17. In 2005, Parliament adopted Law 3304/2005 on the “Implementation of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”, which incorporates two relevant EU directives. The aim of the Law is (a) to establish a general regulatory framework for combating discrimination in a wide variety of fields and (b) to designate or establish bodies for protecting, promoting and monitoring compliance with the principle of non-discrimination.
E. Police accountability
49. A number of Circular Orders on the protection of human rights and the conduct of the police personnel in general have been issued by the Hellenic Police Headquarters, covering a wide variety of fields, such as prevention and punishment of torture and ill-treatment, safeguard of the rights of detained persons and the fight against racism and xenophobia. Respect for diversity has been identified as a primary obligation of the personnel of the Hellenic Police, while special emphasis has been given to the treatment of members of vulnerable groups, such as the Roma or foreign citizens. The implementation of the above Circular Orders is continuously monitored and further action is taken, where necessary. The 2004 Code of Ethics for Police Officers highlights the absence of prejudice on the grounds of colour, gender, ethnic origin, ideology and religion, sexual orientation, age, disability, family, economic or social status as one of the fundamental parameters of the behaviour of police officers.
G. Rights of lesbian, gay, bisexual and transgender persons
56. As already stressed, the anti-discrimination Law 3304/2005 provides for the implementation of the principle of equal treatment regardless, inter alia, of sexual orientation in the fields of employment and occupation and prohibits indirect discrimination. The Ministry of Justice, Transparency and Human Rights follows the guidance given in this field by relevant international instruments, in particular within the framework of the Council of Europe, taking into account the level of maturity the Greek society reaches in this respect.
K. Fight against intolerance – human rights education
81. It is also to be noted that a 2008 amendment to the Criminal Code provides that the commission of an offence motivated by ethnic, racial or religious hatred, or hatred on account of a different sexual orientation, constitutes an aggravating circumstance.
Compilation of UN information
B. Implementation of international human rights obligations
1. Equality and non-discrimination
19. The Human Rights Committee (HR Committee) was concerned at reports of continued discrimination against individuals on the basis of their sexual orientation. It recommended that Greece provide remedies against discriminatory practices and take informational measures to address prejudice and discrimination.
Compilation of Stakeholders’ information
I. Background and framework
B. Constitutional and legislative framework
3. The European Commission against Racism and Intolerance (CoE-ECRI) welcome as a positive development the adoption, in 2005, of Law 3304/2005 on the implementation of the principle of equal treatment, regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation. However, CoE-ECRI also drew attention to a number of lacunas in the law and recommended measures to ensure more vigorous implementation. NCHR and CoE-ECRI also made a number of recommendations for the amendment of the law. In particular, NCHR recommended that the law be amended so as to prohibit multiple discrimination and to prevent any prohibited discriminatory treatment against third country nationals on the grounds of their nationality.
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
19. OLKE observed that there was no legal provision regarding hate speech related to homophobia or discrimination on the ground of sexual orientation, and that expressions of homophobia by politicians and church leaders could be found in the media. OLKE recommended that Greece adopt explicit legal measures to ensure that the exercise of freedom of opinion and expression did not violate the rights of persons of diverse sexual orientations and gender identities.
20. OLKE reported that the Gender Equality Act had explicitly included sexual orientation as a ground of discrimination and introduced the reversed “burden of proof”. However, transsexual and transgender persons were not protected from discrimination based on gender, gender identity or gender expression, as the Greek legislation did not differentiate “sex” from “gender”. OLKE deplored the lack of jurisprudence on discrimination against LGBT persons and the lack of data and research on this group. OLKE recommended that Greece undertake public awareness-raising campaigns in order to combat prejudices relating to sexual orientation and gender identity in employment.
4. Right to privacy, marriage and family life
46. NCHR underlined the need for legal recognition of same sex couples, noting that the civil union pact, enacted in 2008, expressly excluded these couples, which constituted discrimination. In this context, OLKE noted that there were two pending cases of same sex couples before the courts regarding the validity of their marriage, based on the premise that domestic law generally did not explicitly exclude same sex marriage. JS1 recommended that Greece recognize same sex couples so that they cease to be discriminated against on matters of inheritance, tax, social security, health and welfare, pensions, and work.
5. Freedom of religion or belief, expression, association and peaceful assembly and right to participate in public and political life
57. OLKE reported that the National Council for Radio and Television dealt with LGBT issues in a way which practically sanctioned the presence of LGBT fictional characters on Greek television. OLKE recommended that Greece ensure that the outputs of media were pluralistic and non-discriminatory in respect of issues of sexual orientation and gender identity.
III. References to SOGI during the Working Group review
Presentation by the State under review
10. On the fight against discrimination, a law adopted in 2005 sets out a general framework for implementing the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation. This law designates or establishes three relevant monitoring bodies, the Greek Ombudsman, the Labour Inspectorate and the Committee for Equal Treatment of the Ministry of Justice. Since 1979, criminal legislation punishes, inter alia, incitement to acts which may result in discrimination, hatred or violence on the grounds of racial or national origin or religion. It criminalizes the expression in public of offensive ideas against any individual or group of individuals, and provides that charges may be pressed ex officio. However, this criminal legislation, implemented by the courts with no government interference, has had a limited application in practice. Greek society is not immune to extremist ideologies and groups and the authorities have to stay vigilant. There is a need to combat possible attempts by fringe groups who might wish to exploit legitimate concerns of large segments of the population. The relevant legislative framework will be updated and strengthened.
Interactive dialogue and responses by the State under review
35. Norway was worried about the humanitarian situation of illegal migrants residing in Greece awaiting their deportation. It considered vital that unaccompanied children have access to effective guardianship and advocacy. Norway noted the absence of legislation protecting individuals from discrimination based on sexual orientation and gender identity. Norway made recommendations.
IV. Conclusions and/or recommendations
The following recommendations were accepted by Greece:
83.30. Include sexual orientation and gender identity as grounds for protection in anti-discrimination legislation and policies (Norway);
84.10. Incorporate in the legislation the combat against discrimination based on gender identity or expression (Spain);
84.11. Consider recognizing same sex couples (Brazil);
V. Adoption of the Report
Response of the State under review – Addendum to the report of the Working Group
84.10.10 Greece accepts this recommendation and is already implementing it. In fact, Greek legislation has explicitly included sexual orientation among the prohibited grounds of discrimination. The anti-discrimination Law 3304/2005 provides for the implementation of the principle of equal treatment regardless, inter alia, of sexual orientation in the fields of employment and occupation. In the context of criminal legislation, the imminent transposition into the Greek legal order of the EU Council Framework Decision 2008/913/JHA of 28 November 2008, on combating certain forms and expressions of racism and xenophobia by means of criminal law (see also below recommendation 84 (14)) will update and strengthen the relevant legislative framework, since sexual orientation will be included in its field of application. The draft law is at the stage of organized consultation with the National Commission for Human Rights and the Law Schools of our country, the public consultation having now been completed. In this context it is worth mentioning that art. 79 para. 3 of the Greek Penal Code, as amended by law 3719/2008, provides that the commission of an offence motivated by ethnic, racial or religious hatred or hatred on account of a different sexual orientation constitutes an aggravating circumstance. It is considered that discrimination based on gender identity or expression falls within the scope of discrimination on the ground of sexual orientation.
84.11.11 Greece accepts this recommendation. The Greek government is considering the matter. Any relevant decision will be taken after a public consultation on whether or not the Cohabitation Pact (law 3719/2008) should be expanded to same sex couples.
Comments by States and other stakeholders
ILGA-Europe and COC Netherlands
Madam President,
We would like to commend Greece for its positive participation in the UPR process and its commitment to equality and non-discrimination.
We are very pleased to see Greece accept a recommendation to include sexual orientation and gender identity as grounds for protection in anti-discrimination protection. Whilst we appreciate that the current anti-discrimination law provides for the implementation of the principle of equal treatment regardless, inter alia, of sexual orientation in the fields of employment and occupation, we encourage Greece to extend this anti-discrimination protection to other fields, such as education, healthcare and access to goods and services.
We take note of the clarification that Greece provided in relation to the scope of discrimination on the ground of sexual orientation and its understanding that gender identity or expression falls within this scope. We do however underline that sexual orientation and gender identity are separate concepts, and conflating the two may lead to confusion, ambiguity in the law and incomplete protection for transgender people. We thus recommend Greece reconsider its given explanation and include gender identity and expression explicitly in its anti-discrimination legislation. We urge Greece to consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a tool in such policy development. We also recommend the government of Greece to work closely together with civil society organisations in raising awareness on human rights, sexual orientation and gender identity.
Furthermore, we commend Greece for considering the recognition of same-sex couples. Such recognition will be an important step towards equality of lesbian, gay, bisexual and transgender people in Greece. Could the government of Greece please clarify a timeframe for effectuating this recommendation?
Finally, we want to commend Greece for its support to the Joint statement on ending acts of violence and related human rights violations based on sexual orientation & gender identity, which was delivered at the 16th session of the Human Rights Council on behalf of 85 UN Member States.
Thank you Madam President.
VI. Further information
UPR Documentation
National report 1: A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance: E only
Addendum 1: E only
Addendum 2: E only
Addendum 3: E only
Addendum 4: E only
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum 1: A | C | E | F | R | S
Decision of the outcome: A | C | E | F | R | S