A/HRC/32/50/Add.1
the fight against discrimination (Law No. 3304/2005), gender equality in employment (Law
No. 3896/2010), the return of migrants (Law No. 3907/2011) and prevention of torture
(Law No. 4228/2014).
27.
Regarding discrimination, particularly on the basis of sex and gender, complaints
were registered from both the public and private sectors, with more emphasis placed on
initiatives relating to compulsory retirement for women or dismissal during maternity
protection periods.
28.
The Greek Ombudsman’s office also reported on the return of migrants to their
countries of origin and on the excessive length of their detention in Greece, which in some
cases exceeded the limit of 18 months established by Greek law and the European Union
normative framework. The office reported a 24.5 per cent rise in the number of irregular
migrants entering the country during the first half of 2014 in comparison with the same
period in 2013. The Office proposed the immediate transfer of migrants to premises in
conformity with Law No. 3907/2011; the restriction of detention periods; the
implementation of alternative measures to detention, in accordance with article 22,
paragraph 3, of Law 3907/2011; the adequate operation of migrant reception centres at all
entry points to ensure humane and dignified living conditions; and the provision of medical
examinations and support to those in need. The assignment of legal aid, the usage of mobile
networks in the Amygdaleza detention centre and special treatment for minors were also
some of the recommendations made.
29.
The Special Rapporteur also met with the Economic and Social Council, an
administrative body tasked with the promotion of equal treatment in employment
established by Law No. 2232/1994. The mandate of the Council is to formulate policies that
are mutually acceptable to the three groups represented: employers/entrepreneurs; private
and public sector employees; and others, such as farmers, self-employed people,
consumers, people with disabilities, gender equality organizations and the local
government. According to Law No. 3304/2005, the Economic and Social Council presents
annual reports on developments relating to the implementation of the principle of equal
treatment, mainly in employment, makes suggestions to the Government and to social
partners with regard to promoting non-discrimination, and encourages dialogue with NGOs
and union representatives interested in combating discrimination on the grounds of ethnic
or racial origin, religion or belief, sexual orientation and disability.
30.
The Special Rapporteur was informed that, after the Greek elections in January
2015, the new justice minister had pledged to amend the 2014 anti-racism law and to
strengthen training on racism and xenophobia for the judiciary and prosecutors. The
minister also stated that prosecutors should be required to investigate bias as a possible
motive in crimes and to present any evidence thereof to the courts, which should be
required to consider such evidence and explain the reasons for applying or not applying a
penalty enhancement.12 The law provides that victims are exempted from paying a fee to
file their complaint. Law No. 4251/2014 was amended by Law No. 4332/2015 to
incorporate measures aimed at protecting undocumented migrants who are victims or
witnesses of hate crimes. These measures will also protect migrants from any negative
repercussions pending a prima facie assessment by a prosecutor of the merits of their
complaint. The Government also indicated that it had abandoned anti-immigrant police
operations like Xenios Zeus. In February 2015, the Government pledged to shut down
12
Human Rights Watch, “Greece: address longstanding rights issues”, 19 February 2015, available from
www.hrw.org/news/2015/02/19/greece-address-longstanding-rights-issues.
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