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