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page 75
kinds of offer or promise ... by use of deceptive means, by abusing that
person’s inexperience or confidence or by taking advantage of his needs,
mental weakness or naiveté’.
4.
It should also be added here that Greece has ratified almost all
international conventions on human rights. In this respect, mention is
made of the 1950 European Convention on the Protection of Human Rights
and Fundamental Freedoms, article 14 of which provides inter alia, that
enjoyment of the rights and freedoms recognized by the Convention must be
safeguarded without distinction of sex, race, colour, language,
religion, etc. Greece has also ratified the 1966 International
Convention on the Elimination of All Forms of Racial Discrimination.
The above international conventions, as of the time they are sanctioned,
constitute domestic law, are ipso jure implemented by the Greek courts
and public authorities, and have increased validity by virtue of
article 28, paragraph 1, of the Constitution, which stipulates that:
1.
The generally acknowledged rules of international law, as
well as international conventions, as of the time they are
sanctioned by law and become operative according to the conditions
therein, shall be an integral part of domestic Greek law and shall
prevail over any contrary provision of the law. The rules of
international law and of international conventions shall be
applicable to aliens only under the condition of reciprocity.
On account of that, all persons subject to the jurisdiction of the
Greek Courts, be they Greeks or foreigners, are protected by the above
domestic and international law provisions and may have recourse, in case
of violation of these provisions, before the competent judicial
authorities.
Law 927/1979 ’on the punishment of acts or activities aiming at
racial discrimination’ has also established similar protection against
discrimination. By virtue of article 24 of Law 1419/84, discrimination
based on religion, discrimination on the ground of racial or national
origin was added and it is regulated by the provisions of the said Law.
According to the provisions of the above legislation, anyone shall
be sentenced to be imprisoned and fined, who:
(a)
Publicly, either orally or through the press or
text or illustrations or by any other means, intentionally
acts or activities which may create discrimination, hatred
against persons or groups of persons on the sole ground of
or national origin or their religion;
by written
instigates
or violence
their racial
(b)
Forms organizations or participates in ones seeking organized
propaganda or any form of activity aiming at racial discrimination;
(c)
Publicly, either orally or through the press or by way of
written texts or illustrations or by any other means, expresses offensive
views against a person or group of persons, on the ground of their racial
or national origin or their religion;