| Article
1 (The recent adoption of affirmative action schemes)
In
1998, the Council of State accepted explicitly the
need to adopt positive measures in order to attain
effective gender equality and considered that affirmative
action policies are in conformity with the Constitution.
The Council of State held that "in case where
one may find that a certain category of persons has
been discriminated against due to such social prejudices
so that the inflexible application of equality would
result to a façade of equality, while in fact it consolidates
and perpetuates the existing inequalities, the adoption
by the legislator … of appropriate and necessary positive
measures in favour of such categories … until such
time as real equality is established, fully conforms
with the spirit of the constitutional principle of
equality. Consequently, if such conditions exist,
the adoption of positive measures in favour of women
with a view to accelerating the attainment of effective
equality between men and women is not contrary to
the Constitution" (decisions 1917-1929/1998 and
1933/1998).
The
above case law concerning gender equality is also
relevant to acts considered discriminatory when they
are based on race, colour, descent, national or ethnic
origin and they have the purpose of nullifying or
impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental
freedoms. In these cases, positive measures taken
with a view to achieving not only de jure but also
de facto equality are fully consistent with paragraph
4 of article 1 of the Convention.
The
taking of affirmative action is soon to acquire a
constitutional dimension. Under the revision of the
Constitution which is still in progress, the competent
parliamentary committee has proposed the revision
of paragraph 2 of article 116 of the Constitution,
which is replaced as follows: "The adoption of
positive measures with regard to equality between
men and women does not constitute discrimination based
on gender. The State makes provision for the lifting
of inequalities existing in practice, especially those
directed against women".
At
the legislative level, the Greek Parliament recently
adopted a legislative provision which aims at the
balanced participation of men and women in the decision-making
process concerning the State, legal persons of public
and private law (belonging to the public sector),
as well as first- and second-level local government
bodies. More particularly, article 6 of Law 2839/2000
defines that:
(a) In every public service council, as well as in
the service councils of legal persons of public law
and local government agencies, the number of members
of each gender appointed by the Administration shall
be at least equal to one third of those appointed,
according to the standing provisions, so long as a
sufficient number of civil servants meeting the legal
prerequisites for their appointment are serving with
their respective public service, and as long as the
appointed members number more than one;
(b) In cases concerning the appointment or recommendation
by the State, legal persons of public law and local
government agencies of members of administrative boards
or of other collective organs which are entrusted
with the administration of legal persons of public
or private law, the number of appointed or recommended
persons of each gender shall be equal to at least
one third of the persons appointed or recommended
according to the provisions in force, and so long
as the persons appointed or recommended number more
than one.
Another
example of affirmative action is Law 2725/1999, which
prescribes that in the sports federations encouraging
sports or branches of sports in which athletes of
both genders participate, a percentage in the range
of 20 per cent of the elected members of their boards
shall be occupied by candidates of the other gender,
with the express provision that the number of candidates
of each gender shall be at least double the minimum
number of those elected in fulfilment of the minimum
20 per cent requirement.
More
information on the above-mentioned matters are contained
in the report of Greece submitted to the Committee
on the Elimination of Discrimination against Women
in September 2000.
Article
2 (Policy of eliminating racial discrimination in
all its forms)
Since
the submission of the last Greek report and its consideration
by the Committee in August 1992, the Greek Governments
have made serious efforts for the elimination of all
forms of discrimination in Greek society through the
adoption of concrete legislative or other measures
aimed at promoting effective equality among individuals.
In this respect "vulnerable" groups within
Greece, such as Roma people and their children, migrant
workers, refugees and asylum-seekers, and their human
rights situation, are at the core of the concern of
the authorities. In addition, new measures have been
envisaged in order to facilitate the integration of
migrant workers into the social, economic and cultural
life of the country. A draft Immigration Bill is actually
pending before Parliament. The main lines of the proposed
measures are described below.
1.
Muslim minority in Thrace
Similarly,
special attention is given to the Muslim minority
of Thrace and several measures have been taken in
order to improve its living conditions and to create
a regime of effective equality with the majority population.
Integration of the members of this minority in the
political, economic, social and in other fields of
Greek public life as well as its peaceful coexistence
with the Christian majority is another objective that
all Greek Governments strive to fulfil. More specifically:
Statistical data and self-identification
According
to the latest census which took place in 1991, the
Muslim minority of Thrace numbers approximately 98,000
out of a total of 338,000 inhabitants of this area,
i.e. 29 per cent of the local population and 0.92
per cent of the total population of Greece of 10.62
million.
This
minority consists of three ethnic groups whose members
are of Turkish origin (50 per cent of the minority
population), Pomaks (an indigenous population that
speaks a Slavic dialect and espoused Islam during
Ottoman rule) (35 per cent of the minority) and Roma
(15 per cent of the minority population). Each of
these groups has its own distinct spoken language
and cultural tradition. They share, however, a common
religion (Muslim) which is the basic reason for the
denomination of the minority in its entirety as "Muslim"
in the Lausanne Treaty of 24 July 1923 which constitutes
the legal basis for the protection of this minority.2
In
this connection it would be useful to make a few comments
on the issue of the self-identification of the Muslim
minority of Thrace, which has been a point of criticism
by some NGOs. First of all it should be stressed that
the Greek authorities subscribe to the international
standards which regulate this issue, and, in particular,
to article 3 of the European Framework Convention
for the Protection of National Minorities.3 The latter
provides that "every person belonging to a national
minority shall have the right freely to choose to
be treated or not to be treated as a member [of that
minority] and no disadvantage shall result from this
choice or from the exercise of the rights which are
connected to that choice". However, as the explanatory
report to this article points out, the above right
cannot be exercised arbitrarily but it should be based
on the existence of objective criteria relating to
the identity of these individuals.
The
Greek Government does not deny the application of
this principle to persons who belong to the Muslim
minority. In fact every member of this minority is
free to declare his/her ethnic origin (be it Turkish,
Pomak or Roma), speak and learn his or her own language
and exercise his or her own religion, customs and
traditions.
The
attempt, however, to identify the entire Muslim minority
of Thrace as "Turkish " is in the view of
the Government unjustifiable and goes against existing
realities. It is also against the spirit and purpose
of the European Framework Convention which also protects
the members of minority groups from being assimilated
into other groups by reason of their size. Despite
the many problems that undeniably exist, the Greek
Government makes every effort to preserve and promote
the identity of the Muslim minority of Thrace and
the special characteristics of the identity of its
members. These efforts are described below.
It
should be stressed that according to a recent decision
of the Supreme Court the use of the term "Turkish"
as denomination of a union or association is not illegal
in itself, and subsequently such a union or association
cannot be dissolved unless its purpose and actions
are against public order or national security. This
positive development can offer useful guidance to
the Greek courts and to the Administration in the
future in similar cases.
Participation
of the minority in political life
The
members of the Muslim minority actively participate
in Greek political life and a good number of them
are members of political parties. During parliamentary
elections, all political parties include in their
electoral lists Muslim candidates. In almost all successive
Parliaments from 1927 onwards, Muslim deputies were
elected (usually two). At the parliamentary elections
of 1996, almost all Greek political parties were represented
with Muslim candidates in the Prefectures of Xanthi
and Rhodopi where the Muslim minority lives. More
specifically, in the Prefecture of Xanthi there were
seven Muslim candidates coming from seven different
political parties, while in the Prefecture of Rhodopi,
seven Muslim candidates came from four political parties.
Both the party in Government (PASOK) and the main
opposition party (New Democracy) were represented
with three Christians and one Muslim candidate in
the Prefecture of Rhodopi. Eventually, three Muslim
candidates were elected, one from each of the three
major political parties. Thus, there are three Muslim
deputies among the 300 members of the Greek Parliament,
whose number happens to correspond to the percentage
of the Muslim population to the total population (i.e.
0.92 per cent). Currently, following the April 2000
parliamentary elections, two Muslim deputies are sitting
in Parliament.
In
the communities where a Christian majority lives,
it is quite common to have a considerable number of
Muslims elected as municipal councillors, while in
those municipalities where the Muslim element is in
the majority, a Muslim mayor is elected. Muslim prefecture
councillors are also elected in the Prefectures of
Xanthi and Rhodopi. In particular, during the recent
local elections of October 1998, 11 Muslim mayors
of cities and municipalities were elected as well
as 14 prefecture councillors.
The
electoral law, which fixes the level of eligibility
at 3 per cent at the national level, aims at securing
a stable parliamentary majority and is neutral per
se, i.e. it applies to all political parties. The
threshold of 3 per cent is modest, when compared to
the electoral laws of other European democracies and
does not preclude members of the Muslim minority from
fully enjoying their political rights. The relevant
legislation was challenged before the European Commission
of Human Rights (application No 25758/1984, Ahmed
Sadik v. Greece), which held that the threshold of
3 per cent is not contrary to article 3 of Protocol
No. 1 to the European Convention (right to free elections)
and declared the application manifestly ill-founded.
The
recent parliamentary elections of April 2000 and the
previously held local elections prove that in Thrace
taboos and prejudice have been put aside. In the parliamentary
elections, in districts where the Muslim element is
in the majority, Christian candidates have been elected.
As already mentioned, in municipalities with a mixed
population, Muslims have been elected as mayors. This
positive development proves beyond any doubt that
in Thrace the interests of Muslims and Christians
could be represented in the Greek Parliament or in
local authorities by competent representatives, irrespective
of their religion.
Educational
rights of members of the Muslim minority
The
Greek State, and the Ministry of Education in particular,
consider the education of the Muslim pupils a matter
of high priority. Concrete proof of this are the credits
allotted every year for the running costs, maintenance
and improvement of the minority schools. In 1998,
in particular, 61,600,000 drachmas (approximately
180,000 euros) were spent for running costs, 289,364,000
drachmas (850,000 euros) for new construction, 139,126,000
drachmas (408,000 euros) for repairs and 100 million
drachmas (290,000 euros) for educational materials
for these schools.
Pre-school
level: There are today 185 nursery schools in Thrace,
all established upon the request of residents of minority
villages who wish their children to acquire a solid
foundation in Greek language and education.
Primary
education: Today there are 235 primary minority schools
in Thrace. Courses are taught in the Greek and Turkish
languages as stipulated in Part V of the Lausanne
Treaty of 1923 under the heading "Protection
of minorities". The curriculum includes a complete
Turkish and Greek language programme; mathematics,
religion and physics are taught in Turkish, geography
and history in Greek, and the Koran in Arabic in accordance
with Muslim tradition. Additionally, the minority
pupils follow a foreign language programme, that is,
other than Greek and Turkish, after the third grade
of primary school. The number of Muslim teachers employed
in these schools is 450. More than half of them (269)
are graduates of the Special Pedagogical Academy of
Thessaloniki, 82 are graduates of the secondary education
schools i.e. gymnasiums and Koranic schools, 90 are
graduates of schools in Turkey and 9 are Turkish nationals,
appointed for a set period of time according to the
provisions for the exchange of teachers between Greece
and Turkey contained in the 1968 Bilateral Cultural
Protocol.
Secondary
education: Two minority secondary education schools
operate in the cities of Xanthi and Komotini, capital
cities of the Prefectures of Xanthi and Rhodopi respectively,
where the Muslim minority is mainly situated. The
schools are housed in buildings provided by the Greek
State. Both the Greek and the Turkish languages are
used for the education of the students in these schools.
Twelve Muslim Greek teachers, graduates of Turkish
universities and seven Turkish nationals (as provided
by the 1968 Bilateral Cultural Protocol) are employed.
It is true that the infrastructure and capacity of
these schools does not allow for the admission of
the total number of students interested in pursuing
their education. Thus selection for admission is by
lot, as is the case in other Greek private schools.
This measure has come under criticism by members of
the minority. However, it must be kept in mind that
for all practical purposes almost all of the candidates
are finally admitted by means of a decision issued
yearly by the Secretary-General of the Region of Eastern
Macedonia - Thrace on the basis of a recommendation
by the Coordinator of Minority Education. During the
current academic year 98 per cent of the surplus applications
for admission were accepted while the authorities
also agreed to include among the eligible applicants
even those who submitted their application belatedly.
It
must also be mentioned that in Thrace and in the remote
mountainous area in Xanthi where the Pomaks live,
in particular, the State has set up and is financing
the operation of Greek-language secondary schools
(gymnasiums) in which the teaching of the lesson of
religion in the Turkish language and the teaching
of the Koran in Arabic have been introduced. Furthermore
the State finances the commute to the schools for
those students for whom the distances are too prohibitive.
During the academic year 1997/98, 60 million drachmas
(176,000 euros) were spent for moving students to
and from the Glafki Lyceum and the Sminthi, Echinos,
Glafki and Thermae gymnasiums of Xanthi Prefecture.
Yet
another positive development in the education of the
minority is the adoption of Law 2621/1998, whereby
the two Koranic schools of Komotini and of Echinos
in Xanthi Prefecture have been recognized as equivalent
to the religious studies lyceums of the country. The
Pedagogical Institute of the Ministry of Education
is currently working on the new curriculum.
Currently,
there is a positive climate of cooperation between
the Ministry of Foreign Affairs and the Turkish Embassy
in Athens concerning the exchange of schoolbooks for
the use of Muslim students in Thrace and students
of the Greek minority in Turkey. The relevant provisions
are part of the 1968 Bilateral Cultural Protocol in
the form of recommendations. The Turkish side submitted
19 titles for approval by the competent authority,
i.e. the Pedagogical Institute of the Ministry of
Education. The latter checked their content, concluding
that the textbooks conform to the necessary educational
standards for primary education. This assessment puts
a new positive slant on the issue of the exchange
of textbooks, as books submitted by the Turkish side
in the past were on the whole considered inadequate
to cover the educational needs of the minority. The
last time such books were submitted was in 1992/93.
In order to make up for the lack of progress, the
Greek Ministry of Education undertook the writing
and publication of Turkish-language textbooks for
use in the first five years of primary school which,
according to the assessment of all the experts, fulfilled
the educational and pedagogical norms. Unfortunately
the distribution of these books met with the organized
and guided reaction of certain circles of the minority
and were never put to use.
The
Government also pays particular attention to the improvement
of the skills of pupils in the Greek language. Two
educational programmes are currently being implemented
and both have yielded positive results. The first
is the "Programme for the Education of Muslim
Children" and has been designed by the Assistant
Secretariat for the Education of Greeks Abroad and
Multicultural Education of the Ministry of Education
in collaboration with the Athens National Capodistrian
University. Its aim is the publication of textbooks
for the teaching of the Greek language to students
with a different mother tongue, the study of special
educational programmes, the training of both Christian
and Muslim teachers in the teaching of Greek as a
second language and in the modern pedagogical and
didactic methods, using new technology. The programme
is financed by the European Union with approximately
1.2 billion drachmas (3.5 million euros). The second
is the "Multicultural Educational Support for
Student Groups in Thrace". Designed by the National
Youth Foundation, it is also financed by the European
Union with 585 million drachmas (1,715,000 euros).
Its aim is to facilitate the adaptation of students
to the Greek educational system and alleviate the
cost of education for families in need by providing
free supplementary education. Another programme that
was successfully put into practice in August and September
1998 was the programme for the support of Muslim students
in secondary education, particularly for first-year
students in the gymnasiums and students having failed
their examinations.
Tertiary
level: As far as tertiary education is concerned,
Greek law provides for a special quota of 0.5 per
cent for the admission of minority students to Greek
higher education institutions. When the new law was
put into force in the academic year 1996/97, 70 minority
students out of 84 candidates were admitted to higher
education institutions. In the academic
year 1997/98 the number increased to 114 students,
while during the year 1998/99, 112 students were admitted;
during the 1999/2000 year, 179 students were admitted.
Today, 700 Muslims are studying at Greek universities.
The
Ministry of Education has also initiated the process
for the integration of the Special Pedagogical Academy
of Thessaloniki - from which the teachers employed
in the minority schools graduate - in the university
education system. To this end, a presidential decree
is under consideration which will establish a Department
of Muslim, Pedagogical and Theological Studies at
the Aristotelian University in Thessaloniki. In order
to enhance the quality and continuity of teaching
in minority schools, the law requires that advanced
qualifications - including teacher training, graduate
studies, foreign language skills and familiarity with
other cultures, civilizations and religious practices
- be taken into account during the appointment of
teachers to minority schools. The law also introduces
English-language courses at the primary school level.
Furthermore, the law establishes special financial
and retirement incentives for teachers who choose
to teach at minority schools.
Religious
freedoms
In
Thrace, there are more than 265 mosques and more than
440 imams officiate there. The Muslim minority in
Thrace enjoys certain privileges pertaining to family
(e.g. marriage, divorce) and inheritance matters.
The spiritual leaders of the minority, the muftis,
are vested with judicial powers over disputes between
Muslims of their district concerning such family and
inheritance matters. In passing his judgement, the
mufti relies on Islamic law. The Greek courts (Supreme
Court), in order to keep in line with Muslim customs,
have ruled that the mufti is the minority's natural
judge and that a Muslim may not bring a matter coming
within the mufti's jurisdiction before a civil court.
In
order, however, to reconcile Islamic law with the
Greek public order and the international obligations
of Greece, in particular, in the field of equality
of (Muslim) women and men, a legislative document
provides that the courts shall not enforce decisions
of the muftis which are contrary to the Greek Constitution
(Act 1920/1991, sect. 5 (3)).
The
adjudication by the muftis is the main reason for
which they have, since 1923, been appointed by the
administration according to a transparent procedure
in which prominent members of the minority have their
say, proposing the candidates from which the muftis
are chosen. The muftis are appointed by presidential
decree following a recommendation of the Minister
of Education and Religion.
In
the past years, some members of the minority have
contested the appointment of the muftis and instead
have demanded that the muftis be elected. They even
elected their own muftis despite the fact that there
were legally appointed muftis in the districts of
Xanthi and Komotini.
The
European Court of Human Rights had the occasion to
deal with this problem in examining a complaint brought
against Greece by one of the "elected" muftis,
who was imprisoned for having committed the crime
of pretence of authority (judgement of 14 December
1999, Serif v. Greece). In that judgement, the European
Court stated "that punishing a person for the
mere fact that he acted as the religious leader of
a group that willingly followed him can hardly be
considered compatible with the demands of religious
pluralism in a democratic society". The Court
did not, however, deal with the overall competencies
of the mufti and the legality of his appointment,
since, given the circumstances of the case, it did
not find that Mr. Serif had committed the crime of
pretence of authority. The Greek authorities have
already implemented the above judge ment of the Court
by paying the applicant the compensation awarded by
the Court and tries to find ways to solve this sensitive
problem in cooperation with the minority.
Programme
pertaining to the social integration of Muslim women
and children of the area of Metaxourgeio (Athens)
The
above-cited programme, initiated in 1998, is implemented
under the supervision of the General Secretariat of
Equality, the Research Centre on Matters of Equality,
the Centre of Pedagogical and Artistic Education entitled
"SCHEDIA", and the "Social and Educational
Action". The aim of the programme is to improve
the living standards of the Muslim women of the Metaxourgeio
area, whose illiteracy rate reaches up to 99 per cent
and whose socio-economic level is below the poverty
line. The programme includes research on the registration
of the needs of the women's families, on the existing
infrastructure concerning the employment and education
of their children, on their learning needs and on
the suitable psycho-pedagogic methods, as well as
on the effective legal-institutional framework regarding
the population in question.
The
actions of the programme involve:
(a) The support and encouragement of women by specialized
personnel (social worker, psychologist, legal consultant,
visiting public health specialist);
(b) A literacy programme for the women which shall
include both oral and written language, as well as
education in matters of everyday hygiene and body
care;
(c) Setting up of a sewing educational workshop;
(d) The creative employment of children, both of pre-school
age as well as those aged 6-8 who have missed the
opportunity of proper school attendance. The programme
aims at developing the kinetic, cognitive and social
skills of the children, placing particular emphasis
on the learning of the Greek language;
(e) Support of children in school to encourage their
continued school attendance.
In
the context of the programme, seminars are being held
using innovative pedagogical methods in which the
educators at the area schools participate. For additional
information, see the report to CEDAW referred to above.
2.
The situation of Roma in Greece
The
situation of Roma people is of great concern to the
Greek authorities, which of late put a lot of effort
in order to improve their standard of living. Despite
these efforts, the situation is not entirely satisfactory.
It is the understanding of the authorities that additional
measures and a more balanced approach to the problems
faced by this group is needed.
Since
July 1996, the Greek Government has been implementing
a programme for the improvement of the living conditions
and the integration of Roma into Greek society. The
relevant activities are forwarded by the competent
ministries, pursuing continuously the cooperation
of local (prefectural and municipal) authorities,
Roma NGOs (Federation of Greek Roma ), etc.
In
order to ensure the best possible coordination between
all the actors involved, as well as the realization
of the programme, an Inter-ministerial Committee has
been set up by decision of the Prime Minister and
is already in operation under the chairmanship of
the Ministry of the Interior, Public Administration
and Decentralization (Official Gazette 24/18.1.2000
No. Y20).
Programme for the improvement of the living conditions
and the integration of Roma into Greek society
Housing
The
ultimate aim of the programme is that all families
of Greek Roma acquire their privately owned house
within the next three years. This is extremely important,
especially if it is taken into account the fact that
for more than 300 hundred years there was no care
for this population group and only in the last four
years has a comprehensive programme been laid out
and implemented on the part of the Hellenic State.
A wide-ranging programme of housing Roma families
(who today still live in settlements, often as tent-dwellers)
has been implemented, with the provision of prefabricated
houses, while a programme for the allotment of houses
or building plots and house loans is in progress.
Other elements of the programme are as follows:
(a) A study has been made of the housing needs of
Roma by the Public Corporation for Urban Development
and Housing (DEPOS) at a cost of 30 million drachmas
(88,000 euros);
(b) The infrastructure works and the installation
of 260 prefabricated houses have been completed in
the camp of Gonos in Thessaloniki and 2,000 Roma tent-dwellers
of the Gallikos were installed by October 2000. The
new settlement was inaugurated by the Prime Minister
of Greece. The infrastructure expenses were 750 million
drachmas (2.2 million euros), while the houses cost
680 million drachmas (2 million euros);
(c) The construction of 84 houses by the Workers'
Housing Agency (OEK) in the municipality of Sofades
is in progress. Its budget is 3.3 billion drachmas
(9,680,000 euros). Thirty houses are already under
construction, and phase B follows with at least 66
more houses. Moreover, 100 house loans have been approved
and the respective building plots have been allotted.
The total programme concerns 2,500 people;
(d) Reinstallation of 400 Roma in an organized municipal
area with 50 residences; this group has lived for
ages in caves of the castle of Didimotichon. Seventy
per cent of the construction of the residences has
been completed. The cost incurred to date is 300 million
drachmas (880,000 euros);
(e) Housing programmes for the allotment of building
plots and construction of houses have been in progress
in the municipalities of Serres, N. Ionia in Volos,
N. Alikarnassos in Heraklion, Maenemeni in Thessaloniki,
Kalamata, etc. The financing thus far exceeds 800
million drachmas (2,350,000 euros) and the beneficiaries
number approximately 2,500 people.
Furthermore,
the programme for the creation of infrastructure and
allotment of prefabricated houses has been in progress
for families of Roma tent-dwellers in municipalities
all over the country. Thus, apart from the case of
the Gonos camp in Thessaloniki, infrastructure has
been laid out or is in progress and prefabricated
houses have been allotted to families in the municipalities
of Trikala, Zefyri, Aegion, Messologgi, Agrinio, Thiva,
Karditsa, Spata, Aetoliko, etc. The total number of
prefabricated houses that have been allotted is 800
and, in accordance with the progress of the infrastructure
works, new prefabricated houses will be allotted in
other municipalities. The aim is to eliminate all
tent-dweller settlements in the country by the end
of 2001.
The
following must be added to the above:
(a) Measures materialized or in progress concerning
renovation of settlements and creation of areas of
temporary residence in the municipalities of Maenemeni,
Thiva, Messini, Zevgolatio, Messologgi, Sykees in
Thessaloniki, Agrinio, Ano Liossia, Orchomenos, etc.;
(b) Provision from the Greek Public Estate Corporation
(KED) of installations owned by the State to be allotted
as building plots to Roma families living in settlements;
(c) Programming by the Workers' Housing Agency (OEK)
in the municipalities of Aegion, Gastouni, Rhodes,
Chalandri, etc., for the creation of settlements;
(d) Granting of housing loans on favourable terms
and guaranteed by the Greek State; 940 loans have
been approved by the Ministry of National Economy
and 1,200 more loans have been scheduled for 2001.
It
should be noted that the subsidies provided by the
Ministries of the Interior, Environment and Public
Works, and other ministries, the contracted work in
progress (for the Workers' Housing Agency, the municipality
of Sofades and others) and the value of the prefabricated
houses, as well as expenditures for the renovation
of housing of Roma people, amount to more than 12
billion drachmas (3.5 million euros), for approximately
13,000 beneficiaries.
Furthermore,
it should be noted that any delays in securing housing
loans are mainly attributed to difficulties or reactions
from local authorities or local communities.
Vocational
training and employment
Training programmes of approximately 2 billion drachmas
(5,870,000 euros), aiming at combating social exclusion,
have been implemented.
A
recent 1-billion drachmas (2,930,000 euros) programme
for pre-training/ training/employment of Roma, includes
for the first time professions beyond the traditional
ones, such as car mechanics, plumbing, training, etc.
It is estimated that the beneficiaries number about
1,300 persons.
A
programme for the employment of Roma in the municipality
of Zefyr involved the construction of an auction room
(antique shops, etc.). Financing on the order of 70
million drachmas has been provided.
The
Ministry of Commerce is encouraged to issue licences
to Roma to work as hawkers, etc.
Support
centres for Roma/Roma children
Counselling
on issues of education, employment, health, housing
and civil/municipal matters as offered in the municipalities
of Agia Varvara, Helion, Maenemeni, Sofades, Karditsa,
Examillia in Korinthos, N. Ionia in Volos and Aetolikon.
The setting-up of such offices is also encouraged
in other areas where housing programmes or other interventions
have been in progress. More than 10 support centres
are scheduled to open in 2001.
Furthermore
two support centres for Roma children in A. Liossia
and in Megara operate with the participation of 150
Roma children.
Improvement
of health conditions
The
implementation of a programme of intervention on issues
of public health, vaccinations, etc. has begun. The
programme was initiated in the areas of Western Attiki
and Karditsa and gradually expanded to cover all areas.
Units
of medical and social support have been created in
the areas of housing interventions.
Measures
for culture and sports
A
special department at the Directorate of Popular Culture
has been set up and operates in the Ministry of Culture.
A
programme of 120 million drachmas (350,000 euros)
has gradually been implemented since 1999 (musical
workshops, photo labs, etc.). The programme will be
enriched and expanded in other areas where Roma live.
Programmes
of mass athletics have been implemented by the Secretariat
of Athletics in collaboration with local government
bodies. In 1997/98, 15 programmes were implemented
and 20 in 1998/99.
During
the current year the number of bodies involved doubled
and the programmes tripled. More than 1,000 Roma and
Roma children participate in the programmes. The aim
is for the Roma children and Roma to participate in
mixed activities with other citizens.
Furthermore,
measures of sensitization/information for the general
population are promoted on issues concerning Roma
(seminars, meetings, events, etc.).
The
procedure for the resolution of a number of outstanding
civil/municipal issues (identity cards, etc.) has
begun in collaboration with lawyers' associations.
At
the local level, and more specifically in Heraklion
Prefecture, the authorities have taken a series of
initiatives, among which are:
(a) The establishment and functioning, for the fifth
consecutive year, of a school for Roma children, as
an annex to the 39th Primary School, with very positive
results;
(b) The implementation of a programme for the cleaning
of Roma sites, under the responsibility of the Direction
for Public Health of the Prefecture, with equipment
provided by the Prefecture;
(c) Visits of sanitary personnel to Roma sites and
systematic vaccination on the spot.
In
the Prefecture of Attica, the municipality of Aspropyrgos
allotted one of its sites for the temporary settlement
of Roma people. Furthermore, four classrooms were
built, at the municipality's expense, for the educational
needs of Roma children.
In
the context of the national policy on housing, education,
employment, health and cultural matters concerning
Roma people, with a view to improving their living
conditions and promoting social integration, the Prefecture
of West Attica, in cooperation with the non-governmental
organization Hellenic Institute for Solidarity and
Cooperation has implemented a pilot programme, entitled
"West Attica society and Roma". This programme,
cofinanced by the Ministry of the Interior, Public
Administration and Decentralization and the European
Commission aims at raising the awareness of Greek
society on the problems encountered by Roma people
and creating a comprehensive action plan in order
to improve their situation.
The
Ministry of the Interior, Public Administration and
Decentralization is implementing a programme of financing
local government bodies for the improvement of social
and living conditions of Roma people. In the course
of 1999, 897 million drachmas (2,630,000 euros) have
been spent to this effect.
Educational
rights
Since
1996, the Ministry of Education and Religious Affairs
has officially adopted an intercultural approach in
education. The realization of such a policy was based
on three sectors of intervention:
(a) Firstly, on the institutional level, with the
enactment of Law 2413/96, dated June 1996, which regulates
matters of intercultural education.
(b) Secondly, on the administrative level, with the
facilitation of enrolment at school and the establishment
of a card for itinerant students (that card accompanies
Roma children in case of a sudden change of school,
so as to facilitate enrolment at the new school and
attendance at classes, but also to certify the students'
progress more easily);
(c) Thirdly, on the scientific-educational level and
the level of school action, with the implementation
of the programme entitled "Education of Roma
children". The programme costs 1 billion drachmas
and is implemented by the University of Ioannina.
The programme has a panhellenic range and at this
moment is in progress in the following areas (prefectures):
Attiki (Agia Varvara, Liossia), Aetoloakarnania, Alexandroupoli,
Argolida, Arkadia, Veria, Volos, Drama, Evoea, Heraklion,
Thessaloniki, Ioannina, Kalamata, Karditsa, Kerkyra,
Komotini, Korinthos, Larissa, Livadia, Liossia, Xanthi,
Patras, Rhodes, Serres, Chania.
This
programme is based on three main axes:
(a) Research and study:
On
the living conditions of the Roma community in Greece;
On
the psychological, pedagogical and social parameters
which are introduced in the education of Roma children;
On
the attitudes and behaviours of the majority of the
population towards Roma;
On the reasons for which Roma children do not attend
school;
On the psycho-linguistic requirements of Roma children
of pre-school and school age;
(b) Creation of supportive teaching material by groups
of specialists:
Indicative
teaching material has been produced in the cognitive
areas of language, health education, mathematics,
environmental studies, history, geography;
Supportive material has been produced that takes into
account the cultural background of the Roma children;
The material has been implemented on a pilot basis
in selected schools.
The
total teaching material produced is based on the basic
principles of pedagogic suitability with respect to
the special characteristics of the target group, their
adequacy in respect to the general targets of the
Hellenic system of education, the intercultural character
of the acquisition of knowledge and abilities that
characterizes the majority of the population, with
simultaneous development of those elements that are
considered important by the group enjoying special
cultural characteristics. This material does not adopt
the policy of special material for "special categories"
of students with "special needs", but is
addressed to mixed student populations, taking into
account the particular features of the student population,
as well as cultural pluralism in classes, with the
aim of fostering anti-racist behaviour and providing
anti-racist education to all children;
(c) Training and recurrent training of teaching personnel
and members of the administration of education. Training
material has been produced and groups have been formed
offering special training of teaching personnel in
communication with and the culture and personality
of the target population group (Roma children), the
nature, extent and limits of intercultural education
and teaching methodology in mixed (from the point
of view of their cultural identity) groups of students.
Three thousand teachers and members of the administration
of education have been trained in matters of educational
legislation, so that the handling of the relevant
administrative and educational matters may be compatible
with the constitutional regulations in force and the
findings of the science of education. Furthermore,
considerable effort has been made to fight deeply
rooted prejudices which harbour images/myths and cultural
stereotypes socially harmful for Roma people.
The
programme contains specific action aiming to support
the admission to and systematic attendance of Roma
children in schools of mandatory education by facilitating
enrolment and integrative schooling for Roma students
in order to enhance their trust in school and do away
with involuntary segregation. In this respect, attempts
are made to establish contacts with the families of
these students so as to encourage them to send their
children to school and to prevent them from becoming
alienated and outsiders in their own societies. These
efforts are coupled with assistance to schools so
as to enrich their curricula with a better understanding
of Roma culture and in general to assist them to better
respond to these needs. Some of the initiatives taken
in this respect are described below:
(a) In musical workshops (Lemonia and Parakalamos
in Ioannina, Heraklion, Sofades in Karditsa) students
are taught traditional musical instruments as well
as the local musical tradition. In some cases, language
teaching is provided, especially to adolescents who
have never been at school. In this way the non-linguistic
assets of Roma students are developed;
(b) Students of primary education are supported and
encouraged, through systematic effort, to continue
to secondary education and students in general are
supported in crucial transition stages;
(c) Qualified Roma are employed as mediators within
the Roma community so as to cultivate a climate of
safety and trust of the Roma population towards school;
(d) Schools with a great number of Roma children are
supported through pilot implementations of the teaching
material produced and with parallel support of the
teaching personnel working at them, the students and
their families;
(e) Members of the administration of education and
also of the local government are sensitized by collaborators
of the programme (educators, sociologists, psychologists,
etc.) so as to fight deeply rooted and persistent
prejudices about Roma;
(f) A network of collaborators has been established
which is constantly expanding, and thus an important
panel of scientists, educators and mediators is in
place that contributes to the education of Roma children
and to matters of intercultural education more generally;
(g) An Internet site provides anyone with access with
information about the research and educational developments
in Greece and Europe in relation to the issue of the
education of Roma children.
This
policy of the Ministry of Education and Religious
Affairs had as a result not only an increase in the
number of Roma children attending secondary education
(the drop-out rate decreased drastically from 75 per
cent to 25 per cent for the year 2000), but also the
qualitative improvement of their education.
During
the implementation of this programme, various significant
issues came to light, affecting or determining the
educational and social integration of Roma children.
Every educational intervention depends on a number
of more general issues that call for organized and
coordinated intervention by all the actors involved,
such as the housing needs of the Roma population,
their health and welfare, and the tackling of unemployment
or marginalization of the Roma people.
Finally,
unfortunately the attitude of local communities, as
expressed through the attitude of local government
bodies, constitutes, in a number of cases, a basic
obstacle in every attempt at reform and efforts to
improve conditions. It is obvious that, in relation
to the perceptions and attitudes of the majority of
the population towards this particular social group,
invisible but powerful mechanisms leading to a way
of thinking or mentality that runs counter to the
aims of the programme still exist.
Planning
within the framework of the Programme for Regional
Development 2000-2006
The
Ministry of Education and Religious Affairs has incorporated
the programme "Education of Roma children"
within the framework of the Programme for Regional
Development 2000-2006 (under the heading "Educational
integration of itinerant and working students")
in a total amount of 5 billion drachmas with enhancement
of all its activities, as described above in detail.
More specifically:
(a) Teaching materials (additional teaching materials
for primary schools, teaching materials for nursery
school and for secondary and adult education) has
been improved;
(b) Training/sensitization. Particular emphasis will
be given to information and the sensitization of members
of local government bodies, and not only of members
of the regional administration of education. That
group develops, in many instances, resistance against
the attendance of Roma children at public schools,
which are the same and common for all students. This
resistance stems from "fears" resulting
from ignorance about various issues concerning Roma
(health, culture, professional training), or is the
result of their "adjustment", in local "balances
of power", which hinder the implementation of
policies designed by the Ministry of Education and
Religious Affairs (as an example we mention the support
of policies of "ghettoization" of Roma students
through the creation of unmixed schools of Roma children).
The
framework provides for the expansion and broadening
of the support network of school attendance in 50
areas of the country (the network includes activities
such as continuous contact with the students' parents;
the administration of schools and education offices;
the local authorities; the services of health, social
welfare, labour and housing; a census of children
of pre-school age and of people who have dropped out
from education; support of the teaching personnel;
intervention in favour of students' rights; and the
strict implementation of educational legislation in
cases of local resistance). Furthermore, the creation
of centres of pedagogical support of Roma children
and counselling of their families is scheduled, so
as to support their school attendance and to reinforce
the relations of the Roma family with school.
3.
Migrant workers, refugees, asylum-seekers
During
the 1990s, Greece experienced a wave of legal and
illegal immigration. A country of emigration since
the end of the Second World War, Greece became a country
of immigration. Greek authorities have stepped up
their efforts in order to ensure the integration of
immigrants into Greek society.
The
deadline for the registration and the submission of
applications for the granting of a "green card"
(limited-duration residence permit) has expired. Many
aliens are already holders of a green card or of the
certificate for its granting. As of November 2000,
378,873 aliens had been registered; 224,000 applications
for the granting of a green card have been submitted;
all of the applicants have been issued a "white
card", which enables them to reside and work
legally in Greece on a temporary basis; 165,000 green
cards have been issued; 42,000 applications for renewal
of the green card have been submitted. The draft Immigration
Bill gives, as will be explained hereunder, a second
chance to undocumented migrants for their legalization.
Specifically,
with respect to women immigrants, save in the case
of women immigrants from the Philippines (their immigration
to Greece commenced two decades ago, and they have
formed an association as well as a day-care centre
for their children), who are mainly employed in private
households, the per-branch employment of women from
other countries has not been determined. The General
Secretariat of Equality closely collaborates with
the Manpower Employment Organization with a view to
processing data pertaining to employment specialties
which have been declared so that any eventual cases
of exploitation of these women may be investigated.
(In regard to these issues, see the report of Greece
to CEDAW.)
Of
the foreigners who were registered as a result of
the Human Resources Research conducted in the year
1998, women constitute 50 per cent of the total and
40 per cent of the labour force. Eighty per cent of
foreign women are mainly engaged in three branches:
55 per cent in private households, 14 per cent in
the sector of hotels-restaurants and 10 per cent in
manufacturing industries. The countries whose emigrant
populations in Greece are composed of more women than
men are the Philippines, Ukraine, the Republic of
Moldova, Georgia and Bulgaria.
The
entry of thousands of immigrants to our country coming
from the economically poorer countries of Eastern
Europe (Russia, Ukraine, Georgia, Albania, Romania,
etc.) has had as a result the increase of trafficking
and sexual exploitation of women and girls in Greece.
A series of measures aimed at combating trafficking
in women with a view to their sexual exploitation
were taken in the framework of the Inter-ministerial
Committee on combating violence against women (which
was established in July 1999), as well as before the
Committee was set up. These measures include:
(a) The publication and distribution of pamphlets
containing information and advice to potential victims,
written in the languages of the countries of origin
of women who are victims of sexual exploitation;
(b) The cooperation of Greece with the countries of
origin and with the interested agencies, both in the
countries of origin as well as in the reception countries;
(c) The issuance of a decision taken by the Ministry
of Public Order, on the basis of which the expulsion
of foreign women who are victims of trafficking will
be carried out via air. In this way, the women shall
be protected from the organized prostitution networks
that are plaguing the various transfer stations;
(d) The training and sensitization of police officers
in matters of violence against women and sexual exploitation
of women, a subject-matter that is included in all
seminars designed for the training of police officers.
Significant in this respect was the seminar that was
organized in Athens in the course of 2000 by the General
Secretariat of Equality, in collaboration with the
Council of Europe, whose primary object was the combating
of trafficking and trade in women and children in
South-Eastern Europe and which resulted in a regional
action programme;
(e) The psychosocial and legal support of the victims
of trafficking shall be provided by means of the social
infrastructure for combating of violence against women,
which will make use of the structures of the National
Health System, if this is deemed necessary;
(f) In Thessaloniki, in the context of the European
Community programme entitled "Umbrella",
a programme aimed at foreigners engaged in prostitution
has been set up. The programme includes measures for
information and prevention of sexually transmitted
diseases, the distribution of condoms and access to
health services.
More
information on these matters is contained in the report
of Greece to CEDAW
Presidential
decrees 358 and 359/1997 establish full equality of
rights in employment (mainly in the fields of salary,
working conditions and social security) between Greek
citizens and all foreign nationals legally working
in Greece.
Presidential
decree 189/1998 on conditions and procedures for the
granting of work permits (to dependent as well as
independent workers) or other assistance for integration
in the economic life of the country of recognized
refugees, asylum-seekers and temporary residents for
humanitarian reasons provides the legal basis for
measures aiming at facilitating the integration of
refugees in Greek society. Refugees can obtain a work
permit on more favourable terms and conditions than
other aliens, as no preliminary authorization is required.
The right to professional training is recognized for
refugees on the same conditions as for Greek citizens.
A
new presidential decree (No. 61/99) on asylum procedures
was put into effect in June 1999. The decree provides
for close cooperation between Greek authorities and
representatives of the Office of the United Nations
High Commissioner for Refugees and lays down rules
and conditions for the exercise of the right of refugees
to family reunion.
In
more general terms, the legislation which has been
progressively introduced since 1996 institutes a special
regime of temporary protection and enhances the procedural
rights of asylum-seekers. In one of its latest reports,4
UNHCR declared itself satisfied with the provision
of the new asylum law, which meets international standards,
and expressed its appreciation for the consideration
given by the authorities to UNHCR's contributions
during the drafting process. UNHCR also stressed the
increasing number of cases in which the Appeals Board
has taken into account the recommendations made by
UNHCR for the granting of asylum.
According
to UNHCR data, during the period 1990-1999, 24,700
asylum applications were lodged. Those recognized
as refugees or provided with humanitarian protection
represent 12.9 per cent of decisions taken on those
applications.
Presidential
decree 266 of October 1999, regulated the administration
and operation of the Lavrio Centre for Refugees, and
the social protection relating to refugees, asylum-seekers
and persons with humanitarian status. The aim of the
Centre is to provide hospitality to foreigners seeking
refuge in Greece and wishing to submit an application
for asylum. The decree contains provisions pertaining
to medical and hospital care and to the granting of
social and health-care benefits.
The
draft Immigration Bill
A
new draft Immigration Bill is currently pending before
the Greek Parliament, aiming at the integration of
immigrants into Greek society, the protection and
promotion of their human rights, as well as the strengthening
of the legal safeguards against discrimination. The
draft bill is designed to elaborate a long-term immigration
policy that takes into account the social and political
changes that have lately taken place, the new, pressing
needs that have emerged and the trends that have been
developed on the international level concerning immigration
issues. In general terms, the bill deals with immigration
in a comprehensive way by setting out the conditions
and the procedures for the lawful entry, residence
and employment of foreigners in Greece. The rights
of the immigrants are safeguarded and conditions for
their integration into Greek society are foreseen.
In addition, a procedure for the regularization of
clandestine immigrants and the acquisition by them
of work permits is provided. Family reunification
and the regularization of the family members of those
foreigners who lawfully reside on Greek territory
is another area covered by the present draft.
The
key innovations introduced by the draft law are the
following:
(a) At an institutional/organizational level, responsibility
for the coordination of the immigration policy shall
be assigned to the Ministry of the Interior, Public
Administration and Decentralization. The immigration
policy will be implemented at the central level through
the establishment of an Aliens and Immigration Bureau,
whilst on a regional level there shall be created
respective services for each region;
(b) The bill provides for the possibility of setting
up employment bureaux within the Greek consular authorities
which will provide information to persons seeking
employment about the conditions of admission and the
demand for certain categories of worker by the Greek
labour market. This might prevent illegal entry of
foreigners seeking employment;
(c) The competence for the granting of a residence
permit shall no longer be exercised by police authorities
and shall be vested with the Secretary-General of
the region. An Immigration Committee shall be set
up in each region. The Committee shall arrange an
interview with each foreigner and shall render an
opinion on his/her personality so as to provide assistance
to the Secretary-General of the region in the decision
on the granting of a residence permit;
(d) As regards the granting of Greek citizenship by
way of naturalization, a Committee on Naturalization
shall be set up in the Ministry of the Interior, Public
Administration and Decentralization, which shall be
responsible for making an assessment of the personality
of the person who wishes to be naturalized, whilst
many favourable requirements for the acquisition of
Greek citizenship shall be created for stateless persons
as well as for refugees;
(e) Specifically, as regards the protection of the
human rights of aliens:
The
draft provides that aliens who lawfully reside on
Greek territory shall enjoy the fundamental human
rights provided for by the domestic law, the international
treaties and the general principles of law. They shall
enjoy legal protection of their rights and interests
and shall have access to public authorities and services
in the context of the legislation in force;
In
addition, the bill safeguards for those aliens legally
residing on Greek territory the following human rights:
the right to make contact with the authorities of
the country of their citizenship; the right to enjoy
the same social insurance rights and the same social
protection afforded to Greek citizens;
Detainees,
after their admittance to an institution, shall immediately
be informed in a language they understand about the
living conditions in the given institution as well
as of their rights and obligations. They shall be
assisted to communicate with the diplomatic or consular
agents of their State of origin;
Prosecution
authorities have the right to press charges ex officio
in case of racist and discriminatory acts;
Foreigners
lawfully residing in Greece and who have left Greek
territory temporarily shall be eligible for readmission,
so long as their residence permits continue to be
valid at the time;
The
educational rights of aliens shall be enhanced;
In
the event an alien is to be expelled, the procedural
rights of the alien are strengthened. Thus, if, in
the light of the circumstances, it is suspected that
an alien will flee or be a danger to public order,
his detention shall be ordered, by the decision prescribing
the expulsion, until his removal from Greek territory
is effected. The alien must be informed in a language
he understands of the grounds of his detention. If
he is detained he shall be entitled to raise objections
against his detention before the President of the
Administrative Court of First Instance. If an alien,
pending his expulsion, is not considered likely to
flee or become dangerous to public order, or if the
President of the Administrative Court of First Instance
disagrees with his detention, a time-limit shall be
fixed for his departure; the time-limit cannot exceed
30 days. Moreover, the foreigner has the right to
lodge an appeal against the order for expulsion within
a period of five days from its notification to the
Secretary-General of the region having territorial
competence. The Secretary-General of the region shall
decide upon the expulsion within three days from the
lodging of the appeal. If the decision on expulsion
has ordered detention as well, the suspension shall
only concern the expulsion. The Secretary-General,
following an opinion rendered by the Immigration Committee,
may suspend expulsion temporarily when this is dictated
by humanitarian reasons or reasons relating to force
majeure or public interest. In the latter case, expulsion
may be suspended for exceptional reasons having to
do with the life or the health of the foreigner or
his family. Lastly, the possibility of setting up
special premises for the detention of foreigners awaiting
expulsion is provided for. It should be stated that
although illegal foreigners do not benefit from public
services in general, the draft law provides for certain
exceptions as regards their admission to hospitals,
therapeutic centres or clinics, in emergency cases.
Some other exceptions are also foreseen in the case
of the legal representation of foreigners by lawyers
before the Greek courts;
(f) A procedure for the regularization of foreigners
residing illegally in the country is provided for
by the draft bill. The legislator acknowledges the
existence of a pressing social problem in Greece due
to the illegal stay of a large number of foreigners
who cannot participate in the economic and social
life of the country on an equal footing with Greek
citizens and lawfully residing foreigners. The granting
of a residence permit to foreigners who, at the time
of the entry into force of the present bill, reside
illegally in Greece shall be allowed, insofar as:
They
are holders of a limited-duration residence permit
(green card) or of a certificate for the limited-duration
residence permit (white card), or of a residence permit
which has expired and they can prove that they have
been residing in the country after the permit's expiry;
or
They
have lodged an appeal against a decision of the competent
organs of the Manpower Employment Organization before
a special committee as specified in article 5 of presidential
decree 359/1997 and they wish to file a waiver of
their appeal so that they may fall into the purview
of the procedure provided for in the present article;
or
They
have submitted an application with the special committee
as specified in article 5 of presidential decree 359/1997
for the granting of a limited-duration residence permit
on serious humanitarian grounds; or
They
can prove that they have been residing in Greece,
lawfully or illegally, for two consecutive years up
to 15 November 2000.
Foreigners
who fulfil the above have to submit, within two months
after the entry into force of the new law, an application
to the town, municipality or village community where
they are staying, or, in the cases of (b) and (c),
to the Manpower Employment Organization. The application
shall be forwarded within reasonable time to the Aliens
and Immigration Bureau, which shall issue a stay permit
to the foreigners concerned, valid for six months
and regardless of the reasons they wish to stay in
Greece. Within six months, the foreigner shall be
entitled to obtain a regular work permit or to renew
his six-month residence permit. The draft legislation
also provides for a procedure relating to the regularization
of the foreigners' family members who are living in
the same home.
4.
Linguistic and educational rights of aliens
In
order to achieve a gradual integration into the educational
system and into the Greek society of children belonging
to groups having their own cultural, ethnic, linguistic
and religious characteristics, the State has adopted,
since 1996, the approach of intercultural education.
During
the last years, the number of foreign students both
in primary as well as in secondary education has increased
significantly, as demonstrated by the cumulative data
referred to hereunder for the school year 1999/2000:
(a) Primary education:
Grand total of students: 601,186
Foreigners: 40,653 (33,615 from Albania)
Percentage: 6.7 per cent;
(b) Secondary education:
Grand total of students: 732,000
Foreigners: 16,475 (12,877 from Albania)
Percentage: 2.25 per cent.
The
Ministry of Education adopted new legislative measures
in order to meet the educational needs of children
from migrant backgrounds in a changing multicultural,
multilingual society. These measures:
(a) Ensure that all students, regardless of background,
have equal access to educational programmes;
(b) Provide opportunities for all students to develop
skills in intercultural communication;
(c) Provide schools with the appropriate strategies
to ensure that all students reach their full learning
potential;
(d) Encourage schools to promote intercultural understanding.
Intercultural
education is closely associated with non-discrimination,
equality before the law, mutual understanding, mutual
acceptance and solidarity, and is directed, both at
the social groups which are distinguished by cultural
particularities, as well as at the population at large
sharing the prevalent cultural identity. It runs contrary
to every conception and practice that raises barriers
and encourages assimilation. It aims at opening school
to its social environment, with all its contradictions
and conflicts.
*he
interventions effected so far by the Ministry of Education
are as follows:
(a) In terms of the institutional level, the Ministry
has established the indispensable institutional framework
by virtue of Law 2413/1996, pertaining to the education
of Greeks abroad and intercultural education, thus
meeting the preconditions for the interventions required,
such as the turning of schools which are attended
by a great number of foreign-speaking children into
schools of intercultural education, the staffing of
these schools by educators possessing special skills,
the restructuring of curricula, as well as the production
of diverse textbooks and means;
(b) At the administrative level, the Ministry has
set up the Assistant Secretariat for the Education
of Greeks Abroad and Multicultural Education, aiming
at the more effective realization of the policy pursued
in these matters, the coordination of the relevant
actions and initiatives, as well as the monitoring
of the work of the concerned agencies;
(c) With regard to the scientific-pedagogic sector,
the Ministry established the Institute for the Education
of Greeks Abroad and Intercultural Education, which
provides scientific and state-of-the-art support to
the task undertaken by the Ministry; the Board of
Directors of the Institute has recently been appointed;
(d) Since March 1999, four programmes are in progress
within the framework of the Second Community Support
Framework that seeks to meet the educational needs
of repatriated Greek students and foreign students,
Roma children, the Muslim children of Thrace and Greeks
living abroad. The substantive responsibility for
these programmes has been assigned to an equal number
of university professors who possess the scientific
standing and authority, as well as the relevant experience,
in matters of intercultural education. The key objectives
of the programmes are the formulation of special curricula,
the refresher training of the educators, as well as
the production of suitable teaching and educational
materials.
The
programme for the education of repatriated Greek and
migrant students
The
general purpose of the programme may be summed up
as intervention with a view to creating the preconditions
which will afford the children of repatriated Greeks
and foreigners alike, as well as all students, equal
opportunities for access to education and utilization
of the cultural summum bonum in a society whose multicultural
character is becoming all the more intense. The role
of education in the implementation of an intercultural
education policy is to ensure that racism and prejudice
do not develop to hinder an individual's participation
and that all students are assisted to develop the
understanding and skills that will enable them to
achieve their full potential and to participate effectively
and successfully in a multicultural society. This
understanding and these skills will derive from education
programmes and processes that accurately and positively
reflect cultural pluralism, promote cultural inclusiveness,
and help all students to develop proficiency in Greek,
knowledge and awareness of their own and other cultures,
skills and understanding to interact comfortably and
competently in intercultural settings and, finally,
an awareness of the reality of the "global village".
The
five key strategic outcomes of the programme are:
(a) The development and the implementation of coordinated
strategies which promote the effective inclusion of
non-Greek-speaking students in the education system;
(b) The development and the adoption of new legislative
measures which will ensure that all students, regardless
of their cultural background, will be able to reach
their learning potential;
(c) The increase of school retention rates;
(d) The education and training of the school community
in identifying and incorporating the diverse cultural
perspectives of the school and its community in its
curriculum, processes, practices and programmes;
(e) The development of appropriate research tools,
teaching resources and methodological approaches which
will assist the education system in expanding its
support strategies.
The
programme is divided into six areas of development:
Focus
Area 1: Education Policy and Implementation (evaluation
of existing support mechanism for the inclusion of
non-Greek-speaking students; development of "intercultural
schools");
Focus
Area 2: School Curriculum and Development (identification
and addressing of barriers for non-Greek-speaking
students; development of strategies which will enhance
student access to language support programmes in schools,
including support for newly arrived students; the
development of appropriate language support and language
learning materials);
Focus
Area 3: School Environment (identification of learning
barriers of Greek repatriated and migrant students;
development of appropriate counselling support programmes
for these students; identification and addressing
of school drop-out rates, development of school-home
liaison);
Focus
Area 4: Education and Training (education and training
of the school community in intercultural awareness
so that they become competent and confident in promoting
cultural appreciation and understanding; development
of appropriate training and learning resources in
intercultural education);
Focus
Area 5: Information, Cooperative and Support Networks
(establishment of appropriate mechanisms which will
ensure effective communication and networking among
schools on intercultural education; establishment
of an Intercultural Library and Resource Centre; support
to schools in incorporating intercultural books and
resources into their school libraries);
Focus
Area 6: Evaluation of the programme.
Moreover,
seminars geared to the recurrent training and sensitization
of educators are held; new, suitable analytical syllabuses
are formulated and student symposia against racism
and xenophobia are held. Overall, approximately 800
educators have undergone refresher training.
Other
activities aiming at the integration of foreigners
into the educational system
New,
suitable teaching materials have been created in the
subjects of Greek as a second language, Chemistry,
Geography, Physics, History and Biology (bilingual
teaching material in Greek/Albanian and Greek/Russian
for the secondary education syllabus). Teaching materials
and teaching aids have also been prepared for nursery
school and the first classes of elementary school.
There
are currently 21 intercultural schools (primary schools,
secondary schools, lyceums). In schools with a significant
number of Albanian- and Russian-speaking pupils, the
Ministry of Education has appointed Albanian and Russian-speaking
teachers, in order to provide special assistance to
these pupils.
Commencing
the school year 1998/99, the institution of Reception
Classes has undergone streamlining and overhauling
with a view to the rapid and effective learning of
the Greek language, as well as to providing learning
support to the pupils concerned.
The
Reception Classes (RC) programme will be completed
in two cycles which are integrated in the school's
schedule. The minimum number of students for whom
type I or II Reception Class has been created stands
at 9, while the maximum is 17. If there are students
in nearby schools who are in need of Reception Classes,
they may be transferred, with the agreement of their
parents and the principals of the school, as well
as by decision of the Head of the Directorate or of
the Education Bureau, to a school meeting the preconditions
for the establishment of Reception Classes in it.
In
type I Reception Classes, there has been put into
operation an intensive programme of learning Greek
as a second language, designed for students who will
be integrated into the Greek educational system. Attendance
will last for one school year. The programme shall
be implemented with the parallel attendance of some
courses in a regular class.
Type
II Reception Classes will offer a mixed programme
of internal and external linguistic and learning support
to the students, to be implemented within the regular
classes by means of a parallel support procedure.
Attendance lasts for two school years.
As
regards secondary education, a weekly programme lasting
18-22 hours will be implemented; pupils will be excused
from the regular class. With respect to the curriculum
concerning type II Reception Classes, the pupils will
attend regular classes, while at the same time they
will be provided with language and learning support.
This support makes provision for (a) the internal
differentiation of instruction by means of individualized
support provided to students and aimed at developing
their essential linguistic skills while they are participating
in the educational activities of the normal class
and are under the guidance of a teacher who is responsible
for the teaching of Greek as a second language; (b)
the external differentiation of instruction through
continuation of the intensive courses in Greek as
a second language, with the help of special teachers.
We
would like to note that lessons in the language and
culture of the country of origin are optional and,
if a sufficient number of students (7-15) is secured,
the subject will be taught for three hours a week
outside regular school hours. At the end of the school
year, an attestation shall be granted to the effect
that the aforesaid subject has been duly taught.
The
programme pursued by the Tutorial Sections is for
repatriated Greek or foreign pupils who either have
not received instruction in Reception Classes and
are confronted with language difficulties, or they
have attended the lessons but nonetheless continue
to face language difficulties in the course of their
integration into the regular class. In these sections
subjects in
which
the teacher's board considers that the foreign-speaking
students are apt to face linguistic or learning difficulties
are taught. Moreover, the employment of personnel
intended to provide psychosocial support to the Reception
Classes and to the Tutorial Sections shall be anticipated.
The
draft Immigration Bill under discussion stipulates
that foreign minors who are residing in Greek territory
shall be subject to the same obligation of minimal
school attendance as Greek students are. Young foreigners,
who shall obtain instruction at all the levels of
the education system, shall have access to all activities
of the school or the educational community, without
restrictions.
For
the purpose of enrolment of foreign minors in public
schools, the appropriate supporting documents which
are statutorily prescribed for Greek minors shall
be required. By way of exception, registration in
public schools without supporting documents may be
effected with respect to children: (a) of refugees
and persons under the protection of UNHCR; (b) of
all those who come from areas where the situation
is unsettled; (c) of those who have submitted an application
for asylum.
By
joint decision of the Ministers of the Interior, Public
Administration and Decentralization as well as of
Education, requirements are laid down for the classification
of foreign students in echelons of the Greek educational
system, as well as their enrolment in public schools
without supporting documents. A similar decision regulate
s matters relating to the optional teaching of the
mother tongue and culture in the event of a sufficient
number of pupils expressing interest therein. That
decision shall also define the labour relationship
and the qualifications of the educators who will teach
the mother tongue and the basic features of the culture
of the country of origin.
It
is anticipated that foreign students who have graduated
from secondary education in Greece shall have access
to university-level education under the same terms
and conditions as those enjoyed by Greek students.
5.
Training of law enforcement officials and public servants
Greek
authorities have taken special measures in the light
of the Committee's General Recommendation XIII (42)
adopted on 16 March 1993, accorded to which law enforcement
officials should receive intense training to ensure
that in the performance of their duties they respect
as well as protect human dignity and maintain and
uphold the human rights of all persons without distinction
as to race, colour or national or ethnic origin.
The
annual programme for the refresher training of Greek
police personnel includes, among others, topics concerning
aliens, passport control, immigration, the right to
asylum, regularization, work and residence permits
of aliens, etc. In the Department of Professional
Training of Staff Officers, the following courses
are taught:
(a) Meaning and causes (social, political, cultural
and economic) of racist and xenophobic crimes, domestic
legislation for the prevention and repression of such
crimes;
(b) Contribution of the police to the integration
of aliens and the eradication of racist and xenophobic
violence;
(c) Political asylum, refugees and the relevant Greek
and European experience;
(d) Freedom of movement and establishment of aliens;
(e) Constitutional safeguards concerning arrest and
detention;
(f) Police and immigrants;
(g) Roma, social behaviour, establishment and protection;
(h) Fundamental rights;
(i) Social minorities and inequalities;
(j) Humanitarian law.
During
the training of border guards, special attention is
given to the teaching of constitutional law, which
includes matters such as the European Convention on
Human Rights, the International Covenant on Civil
and Political Rights, the Convention against Torture
and Other Forms of Cruel, Inhuman or Degrading Treatment
or Punishment and refugee law. Thus, border guards
are fully aware of their duty to respect human rights
in accomplishing their mission.
The
Ministry of Public Order cooperates closely with the
UNHCR Office in Greece to keep police personnel continuously
and immediately informed about human rights, especially
immigrants' rights. Police agents and officers participate
regularly in seminars, colloquies, conferences and
lectures organized by non-governmental organizations.
Recently, 30 officers of the Thessaloniki General
Police Direction participated in a special training
programme at Aristotle University of Thessaloniki
on racism-xenophobia and violence, carried out in
the context of the continuous training programme for
police officers.
In
the context of the training programmes cofinanced
by the European Union, a special refresher training
programme for police personnel in human rights issues
is in the process of approval by the Ministry of Education.
Public
servants involved in immigration issues participate
in a series of refresher training seminars in the
context of the European Union "Odysseus"
programme, in cooperation with the Italian Ministry
of the Interior. The aim of the aforementioned programme
is the exchange of ideas and good practices as well
as the solution of problems arising from legal or
illegal immigration. In the programme against the
exclusion from labour market, cofinanced by the European
Social Fund, special measures are included for the
employment and professional training of immigrants,
repatriated persons and refugees.
Article
4 (Measures to eradicate all incitement to, or acts
of, discrimination in any form)
Law
927/1979
Law
927/1979 is the main legislative act aiming at penalizing:
(a) incitement to discrimination, hatred or violence
against individuals or groups because of their racial,
ethnic and [by virtue of Law No 1419/1984] religious
origin; (b) establishment of, and membership in, organizations
which produce organized propaganda or other activities
aimed at racial discrimination; (c) public, oral and
written, expression of offensive ideas aimed at racial
discrimination; and (d) the act of refusing to sell
goods or supply services, or subjecting the aforementioned
activities to special conditions, on racial grounds.
During
the period under review, no convictions have been
imposed on the basis of Law 927/1979. It is to be
noted that the draft Immigration Bill enables prosecuting
authorities to press charges ex officio in the case
of racist and discriminatory acts.
To
date, no complaints have been filed before the competent
authorities with regard to misbehaviour based on racial
prejudice on the part of police officers towards refugees,
legal or illegal immigrants and/or members of minority
groups.
However,
each time the competent department of the Greek police
is noticed of any violation linked to improper or
unlawful behaviour on the part of the police personnel
against any person, whether he or she belongs to any
of the aforementioned groups or not, or to violations
of human rights in general, disciplinary proceedings
are immediately initiated against the alleged perpetrators,
following the relevant disciplinary rules of the Greek
Police Corps.
The
issue of the protection of human rights of all persons
living in Greece is of primary importance to the Greek
police and is always dealt with in a responsible manner.
The newly adopted disciplinary rules, which entered
into force in 1996, provide for a special procedure
aiming at the most urgent investigation of the relevant
complaints by the competent authority. When the veracity
of such allegations is proven, severe disciplinary
sanctions are taken against the responsible police
agents. If the disciplinary offences also constitute
criminal acts, the Prosecutor's Office is informed,
in order to institute criminal proceedings against
the agents concerned.
Combating
racism in the media
Within
the framework of media legislation, care is being
taken to combat phenomena relating to the propagation
of racist ideas and prejudices. By way of complementarity,
texts have been drawn up pertaining to self-regulation
initiatives, such as professional association deontology
codes. More particularly:
(a) Article 3, paragraph 3, of Law 2328/1995 relating
to the principles on broadcasts and advertisements
states that television advertisements should not introduce
discrimination based on race, gender, religion or
citizenship. Moreover, pursuant to article 3, paragraph
14, of the aforecited Law (as amended by article 8,
paragraph 5, of presidential decree 100/2000), television
broadcasters should not broadcast programmes which
incite enmity among citizens on account of differences
in race, religion, citizenship or gender. In Law 1730/1987
relating to the establishment of Greek radio and television
(public company), article 3 pertaining to the "General
principles on broadcasts and advertisements"
postulates that Greek Radio and Television may refuse
to broadcast an advertisement and ought not to transmit
ads that are deemed to be contrary to its purpose
and general principles, especially the principle of
respect of the personality of women;
(b) The Code of Professional Ethics and Social Responsibility
concerning journalists who are members of the Association
of Editors of Daily Newspapers states that journalists
should not make distinctions among citizens on the
basis of their origin, gender, race, religion, political
affiliation, economic situation and social status
(art. 2, para. A);
(c) On a similar note, article 7 of the draft code
of honour of the press which has been drawn up by
the Association of Owners of Athens Daily Newspapers,
states that the press should not adopt positions which
constitute a direct and serious assault on fundamental
rights or constitute flagrant discrimination against
groups of persons on grounds of gender, ethnic origin,
race, religious, political and ideological convictions
or sexual orientation of persons composing these groups;
(d) Article 5 of Regulation 1/1991 (Code of Journalistic
Ethics) provides that it is not permitted to present
persons in a way which might, under the specific circumstances,
foster humiliation, social exclusion or discrimination
by part of the public on grounds, especially, of gender,
race, nationality, language, religion, ideology, age,
illness or disability, sexual orientation or profession;
(e) According to article 2, paragraph 5, of the draft
code of ethics for information and other journalistic
and political programmes, it is absolutely not permitted
to refer to persons accused or convicted with no other
identification than ethnic origin or religious belief.
More generally, reference to ethnic origin or religious
belief of persons suspect of having committed criminal
offences is to be avoided;
(f) The National Radio and Television Council, guided
by the intense preoccupation of the electronic media
with the matter of criminality of migrants, in a way
that is replete with generalizations and is apt to
create sentiments of xenophobia or even hatred against
them, has issued Directive - Recommendation No. 5/1998.
The Council draws the attention of the radio and television
stations to the fact that "crime, being an individual
act committed by certain persons, belongs to the sphere
of responsibility of the perpetrators and cannot be
turned into censure of the ethnic group, the race,
the population, or any other social group to which
the criminal belongs". The Council further stresses
that "the television and radio stations are bound
to confine themselves within the boundaries of objective
information, as the latter is dictated by the Constitution,
avoiding not only any provocation, but also condemning
every form of xenophobia and hatred which is directed
against a certain ethnicity or social group".
(g) The draft code of ethics of public radio and television
defines that respect and protection of the principle
of non-discrimination constitutes a fundamental duty
of the National Radio and Television Service. Ethnicity,
religion, culture and country of origin may be mentioned
only when they constitute relevant information. Cultural
differences must be respected and not be made to appear
as obstacles to social symbiosis or mere folklore.
Definitions that are considered as demeaning by the
interested persons themselves or which are negative
should be avoided. In discussions or interviews where
racist or xenophobic opinions based on prejudice are
put forward, the presenter of these programmes should
avoid giving the impression that they legitimize such
news.
In
conclusion, it is noted that the Greek public radio
broadcasts on a daily basis half-hour information
programmes in 12 languages (including Albanian, Russian,
Turkish, Polish and Romanian), with a view to informing
migrants living in the country.
Article
5 (Elimination of racial discrimination in the enjoyment
of human rights)
Personal
freedom
The
conditions of detention of foreign nationals awaiting
expulsion are of great concern to the Greek authorities.
It is clear that the situation is not entirely satisfactory.
Nonetheless, a series of measures have already been
taken. More specifically, in the course of the year
2000, several police detention facilities have been
repaired and refurbished; new buildings have been
constructed or rented. The competent authorities have
made great efforts to fulfil the basic health and
hygiene requirements. A comprehensive solution is
currently being sought in the context of a major project
for the upgrading of the building infrastructure of
the Greek police now under way. As already stressed,
the draft Immigration Bill provides for the setting-up
of special detention premises for foreigners awaiting
expulsion.
The
detention time for aliens awaiting deportation can
vary for each person. In general, it lasts for a few
days but in some cases it is extended for a much longer
time. In a number of cases, prolongation of the detention
time, often for several months, is caused by the aliens
themselves, who, in order to avoid deportation, employ
passive-resistance tactics, refuse to make contact
with, or to be taken to, their countries' consular
authorities for the issuance of travel documents,
refuse to fill out the necessary forms, provide false
information about their identity or nationality, submit
abusive and manifestly ill-founded asylum applications.
In this connection, the position of some foreign consular
authorities (e.g. refusal to issue travel documents)
is to be noted. The delay of the deportation is also
sometimes caused by the fact that there is no frequent
air connection with some countries.
Special
measures have been taken in order to avoid prolonged
periods of detention.
More
specifically:
(a)
Article 8 of Ministerial Decision 4803/13/7a/92 provides
for the temporary stay in the country of foreigners
awaiting expulsion, subject to restrictions on their
freedom of movement, establishment, etc. until all
legal and practical obstacles to their deportation
are removed. In the course of the year 1999, permission
for temporary stay was granted to 1,274 foreigners
under order of expulsion; from January to September
2000, permission was granted to 1,155 persons;
(b) Joint Ministerial Decision No. 137354/12.10.2000
of the Ministers of Foreign Affairs, Justice and Public
Order provides for the temporary stay in the country
of foreigners against whom a court-ordered decision
to expel has been issued, in case these persons cannot
immediately be deported. The competent prosecutor
refers the case to the three-member First Instance
Court, which decides on the temporary stay of the
person concerned, as well as on the restrictive measures
imposed thereon.
Foreigners
detained for deportation enjoy full respect of their
human rights, notwithstanding the above-mentioned
practical difficulties. They have, among others things,
the right to engage and consult a lawyer of their
choice; to communicate with the consular authorities
of their country; to receive visits from members of
their family; to take legal action against the decision
to expel, as well as to challenge their detention
prior to expulsion; to medical care through a State
medical institution. Aliens detained for deportation
are supplied with an information bulletin, which is
also posted in detention facilities, in 14 languages,
listing their rights in detail. They are, of course,
free to request more information concerning their
rights from the official responsible for their case.
Freedom
of association
Aliens
have the right to form and participate in associations,
trade unions, etc. Greek courts have refused to apply
Greek legislation, namely the relevant provision of
the Civil Code (article 107 of the Introductory Law
to the Civil Code), which does not fully allow aliens
to manage associations, as being contrary to the Constitution,
the European Convention on Human Rights (arts. 11,
14 and 16) as well as the more general provisions
of the Civil Code, namely article 4, which provides
for the equal enjoyment of civil rights between nationals
and aliens (see for instance judgement Nos. 3518/1993,
4300/1996, 6776/1997 (concerning an association of
refugees) of the Athens First Instance Court).
In
1998, the European Court of Human Rights found a violation
of article 11 of the European Convention by Greek
courts, which refused to register an association,
called "Home of Macedonian civilization",
suspected of undermining the country's territorial
integrity (European Court of Human Rights, Sidiropoulos
v. Greece, 10 July 1998). The Court's judgement was
communicated, by circular of the President of the
Court of Cassation, to all courts and tribunals in
Greece, in order to prevent similar violations of
the right of association in the future.
Freedom
of religion
Greek
authorities have taken measures to ensure the equal
enjoyment of religious freedom by persons who do not
belong to the Eastern Orthodox Church. The following
examples illustrate this effort.
Greek
legislation empowers the Minister for Education and
Religious Affairs with the competence to authorize
the opening of places of worship. But this is clearly
circumscribed and aims solely at ensuring that the
conditions laid down by article 13 of the Constitution
are met. If this is the case, the granting of the
authorization may not be withheld and the authorities
have no discretionary power in this respect. In the
period 1994-1998, 84 applications for opening houses
of worship were submitted; and were all approved.
In 1999, 19 such licenses were issued. As of February
2000, 18 applications were pending, the delay being
due to the recent introduction of a new requirement,
namely that the applicants should produce a certificate
that the building of the proposed place of worship
meets certain safety standards. The friendly settlement
of the Pentidis case before the European Court of
Human Rights, following the finding of violation by
the Court in the Manoussakis case, is an example of
the effort to harmonize the practice of the Administration
with the requirements of the Convention. Furthermore,
in case the authorization is refused, judicial review
before the Supreme Administrative Court provides an
effective remedy, as illustrated by the 1995 judgement
of the Council of State in the Kirche Jesu Christi
der Heiligen der Letzten Tage case. Moreover, the
opinion of the local Orthodox Bishop is not binding
on the Minister of Education and Religious Affairs,
who may decide to disregard it if he considers that
it is not supported by reasons prescribed by law.
Law
1363/1998 criminalizing proselytism has been found,
at least in principle, in conformity with the European
Convention on Human Rights by the European Court of
Human Rights. Greece was condemned only for the failure
of the competent courts to give sufficient reasons
for their decisions. The European Court, Kokkinakis
and Larissis cases, found that the aforementioned
Law satisfies the principles of certainty and aforeseeability
and that it may be applied in conformity with the
European Convention. The Larissis case is, in part,
an example thereof. Following the Kokkinakis judgement,
the Committee of Ministers of the Council of Europe
adopted resolution DH (97) 576 according to which,
following the dissemination by circular of the European's
Court judgement the prosecutors and the indictment
chambers of the tribunals have adapted their interpretation
of Greek legislation to the requirements set by the
Court's judgement so that the tribunals were involved
only in a very few cases of proselytism and that no
conviction has been pronounced in a case similar to
the Kokkinakis case. Since 1994, there have been only
two convictions for proselytism vis-à-vis minors.
Nobody is currently being prosecuted on grounds of
proselytism.
Following
the European Court's judgement in the Catholic Church
of Canea case, article 33 of Law 2731/1999 has been
enacted, confirming the legal personality of the Catholic
Church in Greece.
Recently,
a Committee has been set up by the Minister for Foreign
Affairs, which will proceed to a general overhaul
of the legislation regarding freedom of religion issues
and will propose remedies for any shortcomings in
comparison with international standards.
The
Council of State considered that non-Orthodox pupils
have the right to be exempted from participating in
manifestations of a religious character, as well as
from following the class of religious teaching (Council
of State, Judgement No. 3356/95).
On
15 April 2000, the Data Protection Authority considered
that reference to religious affiliation in identity
cards falls within the scope of application of Law
2472/1997 on data protection, as an item of personal
information which forms part, or is intended to form
part, of a file. To the extent that Law 2472/1997
is lex posterior, introducing into the Greek legal
order international and community law provisions of
a supralegislative character, legislation on identity
cards in force has to be interpreted and applied in
conformity therewith. The Authority considered that
the listing of a series of personal data, provided
for in legislative decree 127/1969, on identity cards
oversteps the purpose of the processing, which is
the confirmation of the identity of the data subject.
Among the said data, religious affiliation is to be
included to the extent that it relates to the forum
internum of the person concerned and is thus inadequate
and irrelevant to the determination of his/her identity.
In
the same vein, the Data Protection Authority dismissed
as well the optional notation of religious affiliation.
More specifically, the Authority considered that the
content and the exercise of the right to self-identification,
which manifests itself, among other ways, by the giving
of consent of the data subject to the processing of
personal data are not to be determined in abstracto,
but in the framework and in direct relation to the
purpose of the file or the data processing. In other
words, the exercise of the said right cannot lead
to the registration of data irrelevant to the purpose
of the file or the data processing in question.
Social
rights
As
already stated, Greece has signed or ratified the
main international treaties guaranteeing social and
economic rights (recent examples including the Protocol
amending the European Social Charter; the Additional
Protocol to the European Social Charter; and the Additional
Protocol to the European Social Charter providing
for a system of collective complaints). These rights
are recognized, according to the principle of non-discrimination,
to nationals and aliens alike.
There
are no discriminatory provisions in Greek legislation
against any category of Greek citizens. According
to the provisions of Law 1876/1990 on Free Collective
Bargaining, Greek and foreign workers are entitled
to equal pay for equal work. The Labour Inspectorates
are responsible for controlling the effective implementation
of this provision. Aliens who stay legally in Greece
and have obtained residence and work permits or "
green cards" suffer from no discrimination with
respect to employment, housing, access to public services,
etc. However, employment in the public sector is limited
to European Union nationals.
Law
1414/1984 provides for gender equality in employment
covering the whole spectrum of labour relations. Moreover,
Ministerial Decision 33605/15.06.99 has set up employment
projects within the framework of the European Programme
of Combating Exclusion from the Labour Market. It
should be noted, as already stated, that Presidential
Decrees Nos. 358 and 359/1997 establish full equality
of rights in employment between Greek citizens and
all foreign nationals legally working in Greece.
On
matters of social welfare, domestic courts are also
applying the principle of non-discrimination. In that
respect, relevant legislation applies to foreign nationals
according to the conditions provided therein (Council
of State 3487/92). Foreign nationals working legally
in Greece enjoy the right to equal pay with Greek
nationals (Appeals Court of Piraeus 459/1988). Ethnic
Greeks of non-Greek nationality may claim that the
relevant legislation may not apply stricto sensu whenever
the applicable law requires qualifications which only
Greek nationals may satisfy because of their continuing
employment in Greece (Council of State 3133/92). Besides,
the case law of the competent courts considers that
a widow of a public servant is entitled to pension
under the same conditions as Greek nationals regardless
of nationality (State Audit Council 1617/98) applying
directly article 14 of the European Convention on
Human Rights.
As already stated, by virtue of presidential decree
189/1998, refugees can obtain a work permit on more
favourable terms and conditions than other aliens,
as no preliminary authorization is required. The right
to professional training is accorded to refugees on
the same conditions as for Greek citizens. Special
programmes are being implemented, aiming at the gradual
integration of refugees into the labour market. The
Ministry of Health and Welfare, the Ministry of Labour
and Social Security, UNHCR, the Greek Council for
Refugees, the Social Work Foundation and the International
Social Service cooperate in this effort. The Manpower
Employment Organization is also involved.
Right
to health (see the report of Greece to CEDAW)
Within
the framework of the operation of the National Epidemiological
Monitoring and Prompt Intervention Centre, transient
populations (documented and undocumented migrants/refugees,
etc.) are registered and monitored. Also in progress
are special vaccination programmes which are intended
for vulnerable groups of the population. The Ministry
of Health and Welfare supports financially multidimensional
programmes (concerning multipurpose centres, education,
housing) which are being implemented by NGOs and are
aimed at the integration of refugees into Greek society.
The
primary health-care and health-education needs of
migrants, men and women alike, are covered by the
National Organization for Social Care (National Welfare
Organization) by means of a network of 70 medico-social
centres throughout the country which provide free
services to all uninsured persons, migrants included.
The
institutional framework for the rendering of medical
and hospital care gratis to migrant patients is divided
into the following categories:
(a) Foreign nationals of the contracting parties to
the European Social Charter, the Revised European
Social Charter and the European Convention on Social
and Medical Assistance of the Council of Europe who
are lawfully residing or regularly working in our
country shall enjoy the same medical care as that
provided to Greek citizens;
(b) Documented migrants who are staying permanently
in Greece: a health booklet issued by a social insurance
agency shall be required for their hospital and medical
care; the granting of a booklet to indigents in this
category is not provided for. When a patient belonging
to this group is not in possession of a health booklet
issued by a social insurance agency, he/she will be
admitted to hospitals only in the case of an emergency
and until his/her health has been stabilized. In normal
situations, in order for a migrant to be admitted
to a hospital, he/she shall have to pay in advance
50 per cent of the estimated cost of the hospitalization;
(c) Foreigners not legally residing in Greece: they
will be provided with the necessary medical treatment
exclusively in emergencies and up to the stabilization
of their health;
(d) Refugees, asylum-seekers and temporary residents
on humanitarian grounds shall be provided with hospital
and medical care gratis, so long as they are in possession
of the relevant documents. They are also entitled
to receive social welfare benefits.
Hospitals will dispense drugs only to the holders
of health booklets issued by a social insurance agency,
as well as to refugees.
Migrants
confronted with health problems, even if they are
not in possession of the necessary documents and although
they may not fulfil the statutory requirements, shall
be medically cared for by the structures of the National
Health System. By way of indication, we point out
that women migrants who have been admitted for gratis
hospitalization as emergency cases to certain maternity
wards of NHS hospitals, at present account for 80
per cent of the occupancy rate of these clinics.
The
organizations of Doctors Without Borders and Doctors
of the World, who offer gratis services of primary
health care and health education, as well as medical
services to refugees, migrants and persons not covered
by social security schemes, closely collaborate with
the structures of the National Health System. Emergency
cases that require medical services that these organizations
cannot provide are transferred to the NHS (laboratory
exams, hospital care, etc.).
The
Centre for the Monitoring of Special Infections participates
in the European project entitled Aids and Mobility,
whose object is to provide information on this issue
to transient populations (migrants, Roma, persons
engaging in prostitution, as well as intravenous drug
users). In 1997, a one-day meeting was held on HIV
infection in target-groups and a panhellenic network
of migrants, Roma and other migrating populations
was set up. In 1999, the second annual seminar entitled
"Access to new treatments for migrants living
with HIV and AIDS", concerning the living conditions
of HIV-seropositive migrants and their access to competent
health services, was held in Athens. A declaration
in support of the migrants' rights in regard to the
foregoing was formulated and signed at the seminar.
In
regard to the protection of the right of Roma to health,
see the relevant sections above.
In
accordance with article 15 of presidential decree
266/1999, hospital and medical care shall be provided
to foreigners residing in the Greek State gratis,
on condition that they are not covered by social security
and are financially destitute, and belong to one of
the categories referred to hereunder, namely recognized
refugees, persons who have submitted an application
for refugee status, which is in the process of being
examined by the Ministry of Public Order, persons
whose stay in Greece has been approved for humanitarian
reasons or for which a time limit has been set that
has not yet expired. Pursuant to article 16, medical
care shall include an examination, which will be carried
out in the outpatient department of State hospitals,
as well as the performance of laboratory exams, the
administering of drugs by medical prescription and
hospitalization in public hospitals.
Right
to housing
With
regard to housing, migrants who live and work regularly
in our country and from the income of whom contributions
are deducted in favour of the Workers' Housing Agency
(OEK) are, ipso jure, beneficiaries of the OEK's services
without discrimination. However, it is not possible
to have specific data on the number of migrant families
that benefited from housing
assistance through the OEK's programmes, as in the
latter's records no distinction is made between nationals
and migrant beneficiaries. For more details, please
refer to Greece's tenth report on the implementation
of the European Social Charter.
In
regard to the improvement of housing conditions of
Roma in Greece, see the relevant sections above.
Right
to equal treatment before the tribunals and all other
organs administering justice
The
refusal to appoint an interpreter for the examination
of a defendant who is not in sufficient command of
the Greek language shall entail the absolute nullity
of the proceedings. All that is needed is for the
defendant to state that he has insufficient knowledge
of the Greek language or for the court to ascertain
it in any way (Supreme Court judgement No. 714/1996).
Failure to make an entry in the minutes of the trial
to the effect that the appointed interpreter translated
for the defendants who were ignorant of the Greek
language everything that transpired during the hearing
of the case, shall entail the absolute nullity of
the proceedings (Supreme Court judgement No. 609/1998).
Article
96 A of the Code of Criminal Procedure (introduced
by article 17 of Law 2721/1999) foresees the provision
of free legal aid in case of indigence of a person
accused of a crime or misdemeanor.
Right
to nationality
In
1998 article 19 of the 1955 Citizenship Code was repealed
(article 9, paragraph 14 of Law 2623/1998). The application
of this article which allowed the withdrawal of Greek
citizenship from persons of non-Greek ethnic origin
who left the country with no intention of returning,
had raised many issues in the past. The Constitution
of 1975 included an implicit pledge to abolish that
article, however, in order to reconcile with the international
obligations assumed by Greece when it ratified the
International Covenant on Civil Political Rights.
Article
20 paragraph 1 (c) of the Citizenship Code allows
the competent authorities to deprive persons of their
Greek citizenship, if, while living abroad, they commit,
for the benefit of a foreign state, acts contrary
to the interests of Greece. This article is still
in force, but it has been applied only in very exceptional
cases in recent years. Attention is drawn to the fact
that an individual complaint contesting compliance
with the European Convention on Human Rights of a
decision of the Greek authorities to revoke citizenship
on the basis of article 20 was brought before the
European Commission on Human Rights. The Commission
declared the application inadmissible ratione materiae,
as to article 6 of the European Convention, and inadmissible
for non-exhaustion of local remedies, as to articles
7, 8, 9, 10, 11, combined with article 14 of the Convention
(application No. 17309/90, Gallip v. Greece).
Right
to leave any country, including one's own, and to
return to one's country
The
large majority of political refugees who fled the
country during the Civil War (1945-1949), as well
as their descendants, returned to Greece, even though
they had been deprived of their Greek citizenship,
and they were registered with municipal rolls by virtue
of ministerial decision 106841/1982. These individuals
were given back their Greek citizenship.
Article
7 (Measures in the fields of teaching, education,
culture and information)
At
the primary school level, the textbooks on civic education
contain chapters on the Greek Constitution and on
human rights, including the Universal Declaration
of Human Rights and the Convention on the Rights of
the Child.
At
the secondary school level, human rights are integrated
into the following courses: Introduction to law and
political institutions (17-year-olds) and Introduction
to the principles of a democratic state (15- and 18-year-olds).
Academics
provide occasionally courses on human rights education
in teacher training centres, and the Institute of
Peace (Thessaloniki) has organized courses on human
rights issues throughout Greece since 1987 in cooperation
with school advisors.
In
1996, a two-year post-graduate programme at the Department
of Pedagogical Studies at the University of Athens
was established entitled "Human Rights and comparative
education". In the Aristotle University of Thessaloniki,
a programme for education on human rights and peace
entitled "Contemporary world problems and the
scientists' responsibility" has been taught since
1997.
Non-governmental
organizations are actively involved in human rights
education. The Marangopoulos Foundation for Human
Rights has translated and distributed to schoolteachers
throughout Greece the United Nations publication "
About the UN - Teaching about Human Rights",
which serves as a model for human rights education.
More recently, the Foundation has produced the Greek
version of a Council of Europe video film for 13-
to 18-year-olds entitled "Stand up NOW for Human
Rights!" together with the accompanying support
pack for trainers. The videocassette has been distributed
to a significant number of schools in Greece. Furthermore,
the Greek committee for UNICEF has been active in
the field of education for peace and is participating
in the Mediterranean Group on Education for Development
aimed at creating educational material on education
for development and human rights. |
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