A/HRC/10/11/Add.3
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the Council of Europe (CoE) and has signed (in September 1997) but not ratified the Council of
Europe’s Framework Convention for the Protection of National Minorities. Greece has not
signed or ratified the European Charter for Regional or Minority Languages.
Anti-Discrimination Law, Law 927 of 1979 (racial hatred)
6.
Article 5.2 of the Greek Constitution relating to non-discrimination states that: “All
persons living within the Greek territory shall enjoy full protection of their life, honour and
liberty irrespective of nationality, race or language and of religious or political beliefs.
Until 2005, Greece’s anti-racism legislation was limited to Law 927/1979 (as amended by
Law 1419/1984 and Law 2910/2001) of the Penal Code and aimed at the punishment of overtly
discriminatory practices on racial, ethnic or religious grounds (incitement of racially/religiously
discriminatory activities, expression of racially/religiously offensive ideas, racial/religious
discrimination in the provision of services or goods by private persons).
Law 3304
7.
In 2005, Parliament adopted Law 3304/2005 on the “Implementation of the principle of
equal treatment regardless of race or national origin, religion or other beliefs, disability, age or
sexual orientation”. The Law prohibits both direct and indirect discrimination and has a wide
scope with regard to equal treatment between persons irrespective of racial or ethnic origin,
while it focuses in the areas of employment and occupation with regard to equal treatment
regardless of religious or other beliefs, disability, age or sexual orientation.2 It strengthens the
Greek Ombudsman’s Office with new competences. Law 3304 also provides for a Committee
for Equal Treatment within the Ministry of Justice with responsibility for discrimination by
private actors. The Labour Inspection Body (LIB), under the Labour Ministry, deals with issues
and cases of discrimination by natural or legal persons (excluding public services covered by the
Greek Ombudsman) in employment.
Ombudsman
8.
The Greek Ombudsman is a constitutionally sanctioned Independent Authority founded in
October 1998 and operating under Law 3094/2003. The Ombudsman provides free services to
the public, and investigates individual administrative actions or omissions or material actions
taken by government departments or public services that infringe upon the personal rights or
violate the legal interests of individuals or legal entities. The Ombudsman only deals with
individual complaints, but does have competence to promote the fight against discrimination
generally. The Ombudsman cannot deal with complaints relating to the private sector,
responsibility for which exists within the Ministry of Justice, Committee for Equal Treatment.
2
The government’s latest periodic report to the CERD explains the scope of the relevant
Chapter II of the Law. Its provisions apply to all persons, as regards both the public and private
sectors. Reference required.