A/HRC/32/50/Add.1
perpetrators of such crimes with imprisonment of three months to three years and a fine of
€5,000 to €20,000. Since 2008, hate crimes are punished by criminal legislation. Penalties
were further stiffened when new article 81A was introduced in the Criminal Code. In 2005,
Law No. 3304/2005, on the implementation of the principle of equal treatment regardless of
race or national origin, religion or other belief, disability, age or sexual orientation, was
adopted. This law prohibits both direct and indirect discrimination (art. 3, para. 7) and
strengthens the Greek Ombudsperson’s Office by entrusting new competences to it.
According to article 20, paragraph 2, of the new law, the Greek Ombudsperson’s Office is
no longer excluded from the investigation of complaints related to the service status of civil
servants when these concern cases of discriminatory treatment, and the Office may broaden
and intensify its mediation and investigation. It may also actively participate in
coordination of and awareness-raising among state authorities and civil society.6
17.
Additionally, Law No. 3304/2005 provides the Committee for Equal Treatment and
the Labour Inspectorate Body with responsibility for addressing discrimination by the
private sector. It also criminalizes discrimination by private actors as hate-motivated
crimes.
18.
In addition to Law No. 3304/2005, which is also aimed at combating discrimination
in employment, mainly on the grounds of sex and racial or ethnic origin in the private
sector, there are several other pieces of legislation that are aimed at protecting employees
against discriminatory practices by employers.
19.
In April 2014, Law No. 4251/2014, enacting the Code of Immigration and Social
Integration, entered into force. The Law, which codified the relevant legislative provisions,
limited the categories of residence permit, simplified the conditions for access to the labour
market, created favourable investment conditions, promoted long-term resident status and
introduced favourable terms and conditions of stay for the “second migrant generation”
under specific integration criteria for third-country nationals who have developed strong
links with Greece and Greek society. A third-country national who violates the deadline for
voluntary departure or otherwise illegally resides in the country for a period of less than 30
days shall pay on departure four times the relevant fees for an annual residence permit
(currently €150). If the duration of such illegal residence exceeds 30 days, he or she shall
pay eight times the relevant fees for an annual residence permit (art. 23 of Law
No. 4251/2014). Law No. 3907/2011 provides for the creation of an independent asylum
service and an appeals authority, the establishment of a first reception service and the
adaptation of Greek legislation to directive 2008/115/EC of the European Parliament and of
the Council on common standards and procedures in Member States for returning illegally
staying third-country nationals. Additionally, Law No. 3772/2009 enforces stricter
administrative and penal sanctions on smugglers, and treats their activities as a felony. 7
Law No. 3852/2010, in its article 78, proceeded with the establishment of migrant
integration councils within the territorial limits of municipalities. Their role consists in
identifying integration problems encountered by third-country nationals and subsequently
submitting relevant proposals for the smooth integration of local migrant populations. The
migration integration councils are composed of municipal counselors, representatives of
local immigrant communities and members of other social entities. Migrant integration
councils have been established and are operating in the big urban centres of Greece, such as
Athens and Thessaloniki, as well as in other municipalities. Their establishment and
6
7
6
The Greek Ombudsman’s First Year as a Specialized Body for the Promotion of the Principle of
Equal Treatment (Greek Ombudsman, 2005), p. 3, available from www.synigoros.gr/resources/docs/
200_synig_2005_32sel_engl_intern.pdf.
Ibid.