| For a summary of Greece’s review at the first cycle please click here. |
25th UPR session
Date of review: 3 May 2016
Date of report adoption: 8 July 2016
Document number: A/HRC/33/7
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SUMMARY SOGIESC issues during Suriname’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
8. GNCHR [NHRI] noted that in the Greek legal order the concept of “gender identity” remained almost unknown.
Equality and non-discrimination
27. […] AI stated that in the past four years, there had been an increase in hate-motivated crimes against refugees, migrants, Roma and members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, some of which had been fatal. […]
28. […] CoE-ECRI also recommended that the question of racist and/or homo-/transphobic motivations be considered from the outset in the investigation and judicial proceeding of cases of violent incidents and that the judiciary be offered training on the application of the new article 81A of the Criminal Code concerning sentences for hate motivated offences.
30. JS1 noted that in the first UPR, Greece had pledged to include sexual orientation and gender identity as grounds for protection in anti-discrimination legislation and policies, as well as to consider recognizing same-sex couples. It noted amendments to legislation, but that, in replying to the Committee on Economic, Social and Cultural Rights, Greece had admitted that that the legislation prohibited discrimination on the grounds of religion or other belief, disability, age or sexual orientation, but only in employment and occupation and not in social protection, education, access to goods and services. JS1 considered that discrimination in the Criminal Code relating to male homosexual acts, which had been identified by the GNCHR in 2005, still existed. JS1 further stated that television and radio stations had repeatedly been fined, for example for broadcasting homosexual kisses, but homophobic programmes had not been sanctioned.
31. AI recommended that Greece ensure that gender identity is recognized in law and allow individuals to change their legal name and gender, including the gender markers on official documents, through quick, accessible and transparent procedures and to abolish any medical requirement for the purpose of obtaining legal gender recognition.
II. Excerpts on SOGIESC issues from the national report
9. The National Commission for Human Rights has been very active, during the reporting period, in discharging its tasks. In particular, the NCHR has adopted, since 2010, a number of recommendations to national authorities and international stakeholders on the adverse impact of the economic crisis on the enjoyment of human rights, focusing both on the national and the European dimensions of the crisis. The NCHR has also paid particular attention to the fight against racism. In addition, it has adopted recommendations and reports on a wide variety of issues, including the right to water, protection of children’s and older persons’ rights, gender identity, citizenship, etc.
Combating racism and racial discrimination and other forms of discrimination, including discrimination on the grounds of sexual orientation
40. Law 4285/2014 punishes, inter alia, public incitement to acts or activities which may result to discrimination, hatred or violence against individuals or groups of individuals defined by reference to race, colour, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, in a manner which endangers public order or threatens life, liberty or physical integrity of the abovementioned persons; the establishment of or participation in an organization or union of persons of any kind systematically A/HRC/WG.6/25/GRC/1 11 pursuing the commission of the abovementioned acts; under the circumstances prescribed by the law, the act of publicly condoning, trivializing or maliciously denying the commission or seriousness of crimes of genocide, war crimes, crimes against humanity, the Holocaust and Nazi crimes, recognized by decisions of international courts or the Hellenic Parliament. The penalties are stricter if these crimes are committed by a civil servant. In addition, the law introduces the administrative liability of legal persons or unions of persons.
41. […] The new article 81A introduced in the Criminal Code raises the minimum penalty and doubles the monetary penalties that may be imposed for racist crimes. Under the same article, the commission of an offense on racist grounds (i.e. on account of race, colour, religion, descent, national or ethnic origin, sexual orientation, disability, gender identity and, as recently added, gender characteristics) constitutes an aggravating circumstance, while law enforcement personnel, prosecutors and judges have the power to investigate and take into consideration the potential racist motivation at all stages of criminal proceedings. […]
51. With regard to the fight against discrimination based on sexual orientation or gender identity, apart from the inclusion of such grounds in the anti-racism legislation and soon in Law 3304/2005 on equal treatment which is currently amended, the law on the civil partnership pact was recently (December 2015) extended to same-sex couples (Law 4356/2015), recognizing family ties between the parties and conferring rights similar, in many fields, to those deriving from marriage. It is considered that the recognition of samesex partnerships will contribute to the elimination of social prejudices and stereotypes against LGBTQI persons. Furthermore, art. 347 of the Criminal Code providing a higher age of consent for male homosexual acts was abolished by the same law, effectively resulting in equalization of the age of consent. The NCHR, the Greek Ombudsman and CSOs have highlighted the importance of introducing legislation on legal gender recognition which is already scheduled by the Ministry of Justice. Moreover, LGBTQI CSOs have raised the issue of same sex marriage recognition. While welcoming the reinforcement of its role in the fight against discrimination through the current amendment of L. 3304/2005, the Greek Ombudsman, as well as CSOs, have expressed concerns about persistent challenges on equality and non- discrimination in various fields.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
15. In 2015, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance noted that the economic crisis had resulted in further discrimination against the most vulnerable groups, such as migrants, refugees, asylum seekers, Roma and lesbian, gay, bisexual and transgender communities.
21. The Human Rights Committee remained concerned about the prevalence of stereotypes and prejudice against lesbian, gay, bisexual and transgender persons. In particular, it was concerned about the lack of adequate official response to complaints related to discrimination on the grounds of sexual orientation and gender identity.
IV. References to SOGIESC issues during the Working Group review
21. Greece had passed a law extending civil partnerships to include same-sex couples. The higher age of consent for male homosexual acts had been abolished and legislation on legal gender recognition was being considered.
32. The United Kingdom welcomed the steps taken to implement the recommendations from the first review, the establishment of the National Action Plan on Human Rights, the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the recognition of same-sex unions.
48. Brazil commended the extension of the law on civil partnerships to same-sex couples and the recent ratifications of international instruments. It encouraged further efforts to fight xenophobia and discrimination.
50. Canada noted with satisfaction the adoption of a law recognizing same-sex civil partnerships and encouraged Greece to extend full legal equality to lesbian, gay, bisexual, transgender and intersex persons.
62. Germany commended achievements such as the adoption in 2015 of a law extending civil unions to same-sex couples. […]
94. The Netherlands was pleased that Greece had enacted a law allowing civil partnership between same-sex couples, but noted that it did not grant same-sex couples the same rights as heterosexual couples.
V. Conclusions and/or recommendations
Greece accepted the following recommendations:
134.64 Combat more actively the stereotypes and prejudices to which lesbian, gay, bisexual, transgender and intersex persons are subject, organizing public awareness campaigns and ensuring that the perpetrators of acts of violence on the grounds of sexual orientation are prosecuted and punished (Chile);
134.65 Adopt measures to fight against discrimination based on sexual orientation or gender identity (Israel);
134.66 Actively investigate instances of discrimination in employment, including against lesbian, gay, bisexual, transgender and intersex persons (United States of America);
136.11 Take steps towards full legal recognition of same-sex relationships; this includes registered partnership, fiscal partnership, and marriage and the possibility to adopt children (Netherlands).
VI. Further information
You will find all documents relating to Greece’s second review at UPR-Info and OHCHR’s websites.