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96. With respect to the Roma population the government is displaying admirable good
will in developing positive policies coordinated at the inter-Ministerial level through the
“Integrated Action Programme on Roma.” While some of those policies may raise
questions of viability or appropriateness at a conceptual level, significant problems of
implementation exist at the local level.
97. Many Roma remain in squalid living conditions with their children either in
segregated schools or unable to access educational opportunities due to their identity.
Roma face severe impediments to their rights to housing and against forced evictions.
Their access to public services - from public transportation to clean drinking water - is
denied by discriminatory actions by local officials. Discrimination in employment
circumscribes their job possibilities to the most menial and dirty in the informal sector.
The European Court of Human Rights has recently issued judgments against Greece in
cases where the Court found failures to grant to Roma access to justice as defined by
international standards and failure to guarantee the right of Roma children not to be
unlawfully segregated into inferior schools.
98. The government must ensure that national policies are not subverted or defied by
local authorities who find it more convenient to be responsive to local prejudices. With
respect to international legal obligations including rights of non-discrimination and
equality, domestic constitutional arrangements such as decentralized authority or
devolution of powers, do not mitigate state responsibility for violations of human rights.
The government should consider models which recognize the principle of national
government pre-emption of local authority in matters of compelling state interest such as
fundamental rights. Alternative models deny funding to non-compliant localities. The
European Commission against Racism and Intolerance has recommended sanctions “on
municipal councilors who make racist remarks or do not comply with the regulations and
decisions that bind them.” The government must display a stern political will that localities
have no option other than to comply with positive national policies. National ministries
must then effectively monitor implementation on the local level.
99. The government must take steps immediately to guarantee that universal standards
of equality before the law, due process and the right to speedy trials are respected fully
with regard to Roma defendants and litigants.
100. The unique issues faced by women from the Roma and the “Muslim” minority are
failing to gain the special focus they require. Roma and Muslim women suffer
disproportionately high levels of illiteracy and unemployment and are often subjected to
norms incompatible with the constitution and international standards - like child
marriages and denial of inheritance rights under Sharia Law. Additionally, gender-based
violence is not being effectively addressed. Efforts in this regards must be well-grounded in
a consultative process with the affected women.
101. The Greek civil courts must exercise effective monitoring of Mufti judicial decisions
to guarantee faithful adherence to the guarantees in constitutional and international
human rights law.