A/HRC/32/50/Add.1 Cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems; the Council of Europe Convention on preventing and combating violence against women and domestic violence; the European Agreement on Transfer of Responsibility for Refugees; and the European Convention on the Legal Status of Migrant Workers. 12. Greece is not a State party, however, to Protocol Nos. 4, 15 and 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms; the Council of Europe Convention on Access to Official Documents; the European Agreement on the Abolition of Visas for Refugees; the Protocol to the European Convention on Consular Functions concerning the Protection of Refugees; and the European Charter for Regional or Minority Languages. 13. Greece has signed the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. As a State member of the European Union and a part of the Schengen area, Greece must also incorporate all European directives on migration and asylum into national legislation and apply strengthened external border controls. B. Constitutional provisions 14. The current constitution of Greece, adopted in 1975 and amended in 1986, 2001 and 2008, guarantees respect for and protection of the human being (art. 2); full protection of life, honour and liberty, irrespective of nationality, race or language, religious or political beliefs for all persons living within Greek territory (art. 5, para. 2); and the inviolability of personal liberty (art. 5, para. 3). Furthermore, the Constitution provides for freedom of opinion, expression, speech, press and religion.4 Moreover, no person shall be arrested or imprisoned without a reasoned judicial warrant, which must be served at the moment of arrest or detention pending trial, except when the person is caught in the act of committing a crime (art. 6, para. 1). Torture, any physical maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity, is prohibited and punished as provided by law (art. 7, para. 2). Every person is entitled to receive legal protection by the courts and may plead before them his or her views concerning his or her rights or interests, as specified by law (art. 20, para. 1). The right of a person to a prior hearing also applies in any administrative action or measure adopted at the expense of his or her rights or interests (art. 20, para. 2). 15. Article 28, paragraph 1, of the Constitution provides that international treaties ratified by Greece have suprastatutory force and take precedence over other Greek law. Fundamental human rights are enforceable through the domestic courts. C. Legislation prohibiting racism, racial discrimination, xenophobia and related intolerance 16. Until 2005, Greece’s anti-racism legislation was limited to Law 927/1979, which was aimed at the punishment of hate speech on racial, ethnic or religious grounds. 5 On 9 September 2014, Parliament approved Law No. 4285/2014, which amends Law 927/1979 by specifically outlawing, inter alia, public incitement to acts or activities that may result in discrimination, hatred or violence against individuals or groups of individuals on all grounds except age, and the malicious denial or trivialization of genocide, and by punishing 4 5 See A/HRC/27/48/Add.2, para. 21. European network of legal experts in the non-discrimination field. 5

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