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UNITED

NATIONS

GENERAL
CEDAW/C/GRC/2-3
11 November 1996
ORIGINAL: ENGLISH

COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN

 

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER

ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL

FORMS OF DISCRIMINATION AGAINST WOMEN

 

 

Second and third periodic reports of States parties

 

GREECE*

 

 

 

 

_______________________

* For the initial report submitted by the Government of Greece, see CEDAW/C/5/Add.28; for its consideration by the Committee, see CEDAW/C/SR.86, CEDAW/C/SR.87 and CEDAW/C/SR.91 and Official Records of the General Assembly, Forty-second Session, Supplement No. 38 (A/42/38), paras. 65-129.

CONTENTS

Paragraphs Page

FOREWORD .................................................................. 3

I. REVIEW OF THE COURSE FOR EQUALITY OF THE TWO SEXES,

1986-1994, AND THE NEW TARGETS OF THE POLICY OF EQUAL

OPPORTUNITIES .......................................... 1 - 9 4

II. DEMOGRAPHIC FEATURES ................................... 10 - 23 7

III. ARTICLES 2 to 15 OF THE CONVENTION ..................... 24 9

A. Article 2 ......................................... 24 - 35 9

B. Article 3 ......................................... 36 - 106 12

C. Article 4 ......................................... 107 - 141 21

D. Article 5 ......................................... 142 - 168 29

E. Article 6 ......................................... 169 - 220 40

F. Article 7 ......................................... 221 - 265 49

G. Article 8 ......................................... 266 - 270 57

H. Article 9 ......................................... 271 - 313 57

I. Article 10 ........................................ 314 - 374 62

J. Article 11 ........................................ 375 - 455 74

K. Article 12 ........................................ 456 - 528 85

L. Article 13 ........................................ 529 - 549 94

M. Article 14 ........................................ 550 - 601 99

N. Article 15 ........................................ 602 - 668 109

Annex. Statistical tables ............................................... 119

FOREWORD

Greece, as a member State of international organizations, has accepted and ratified declarations on human rights and international conventions aiming at improving the position of the woman in all sectors of economic, political, social and cultural life of the country.

In accordance with article 28, paragraph 1, of the Constitution, 1975, the rules of international law, as well as the international conventions as of their ratification by law, become an integral part of the domestic Greek law and prevail over any other opposite provision of law.

The Convention on the Elimination of All Forms of Discrimination against Women was signed by Greece at the United Nations on 2 March 1982. It was ratified by law by Parliament on 30 March 1983 and became valid as law of the State as of 30 April 1983.

In the framework of the obligations resulting from the execution of the Convention, Greece submits its national report every four years to the Committee on the Elimination of all Forms of Discrimination against Women.

The Government of Greece, through the competent State agency, which is the General Secretariat for Equality of the Two Sexes, submitted its first report in 1986 and was examined by the Committee in March 1987.

The first Greek report included the achievements in the period 1981-1985, during which significant measures were adopted for the establishment of the principle of equality of the two sexes in the country, such as the harmonization of provision of family and labour law, the creation of suitable institutional framework, etc.

The present report refers to the period 1986-1994 and provides information on the condition of women in all sectors of social life, as well as the progress made during this period. It also records the targets of the policy for the equality of the two sexes for the future.

For the preparation of the report a National Committee was established with the participation of representatives of the social and political life of the country; it functioned with the coordination and supervision of the General Secretariat for Equality.

The National Committee cooperated with all ministries as well as the public and private bodies and non-governmental organizations.

This coordinated effort resulted in a fuller and more objective recording and assessment of the condition of women in the country, despite the difficulties in collecting data concerning women in many sectors.

Greece submits the present report in the hope that it will thus contribute to the effort made by the international community for identifying and eliminating all forms of discrimination against women.

I. REVIEW OF THE COURSE FOR EQUALITY OF THE TWO SEXES,

1986-1994, AND THE NEW TARGETS OF THE POLICY OF

EQUAL OPPORTUNITIES

1. The principle of equality of the two sexes was established in Greece by the Constitution, 1975, and founded during 1981-1989 by laws aiming at eliminating discrimination against women in all sectors of the social life of the country. In the framework of the application of the Convention on the Elimination of All Forms of Discrimination against Women and other international organizations (the Council of Europe and the European Union), the Government of Greece promoted in Parliament and passed laws that brought about profound change in the position of Greek women. Important progress was also made at many levels by taking positive measures.

2. At the same time, the appropriate institutional framework and the competent governmental agency were created to put into practice the principle of equality of the two sexes.

3. In the period 1986-1994, significant laws were passed concerning the family, equality, working relations and social security, such as:

(a) Legislative provisions that protect and assist employees with family obligations in both the private and the public sector;

(b) Provisions of law that provide for insurance coverage of people paid by item, as well as employees in family businesses (members who help but are not paid), the majority of whom are women;

(c) Part-time employment is established and the matters concerning the safeguarding of the rights of part-time employees are regulated;

(d) Legislative provisions, ratifications of international conventions as well as national collective labour contracts that protect motherhood, parental leave for raising children and provide grants to minority groups such as women with more than four children, unmarried or divorced women, etc.;

(e) The health system is modernized and the artificial interruption of pregnancy is legalized;

(f) Hygiene and safety of all employees in all enterprises of the private and public sectors are safeguarded by law.

4. Furthermore, measures were adopted for the promotion of equal opportunities and positive actions were planned for the awareness of agencies in order to put into practice new ideas on equality.

5. The institutional interventions effected during 1986-1994 in the framework of the governmental policy for the promotion of equal opportunities concern:

(a) The creation of infrastructure such as the Research Centre for Equality Matters, the Centres for the Creative Occupation of Children, etc.;

(b) The development of the second (1986-1990) and third (1990-1995) action plans on equal opportunities and community initiatives against the unemployment of women and their exclusion from the labour market, with educational and training programmes;

(c) Awareness and information actions addressed to the Greek public by means of congresses, seminars and dialogue with non-governmental organizations.

6. Significant changes came about with the adoption of these measures during the 1980s that became clear to Greek society by the increased presence of women in all sectors. Almost all indices showed improvement, such as their participation in the labour force and employment, in the secondary and higher education, in the access of an increasing number of women to "male" occupations.

7. However, despite the strengthening of the position of women in modern Greek society, the male view continues to prevail and dominate in representations and practices. Sex discrimination continues to exist at all levels of organized social life. Thus, while women are increasingly represented, the positions offered to them are inferior. Their percentage is increased in positions that have no ranks and in those with part-time employment. Furthermore, there is still discrimination in the salaries of men and women in the private sector, while in television women are limited to minor roles and in politics they are underrepresented. Mostly men dominate in all sectors of power, production and circulation of symbolic goods, i.e., the media, education and politics.

8. By giving priority to the change of view concerning the roles of the two sexes in work, family, politics, social life, the action plan for equal opportunities, 1994-1997, includes measures and strategies that contribute to the easing of inequalities between men and women and the elimination of their causes.

9. The targets of the action plan are:

(a) To reform the concept which is present in the entire educational system, aiming at eliminating the stereotypes concerning the roles of the two sexes by:

(i) Intervention to the training programmes of future teachers;

(ii) Production of special pedagogic material;

(iii) Restructuring of the educational programmes and school books;

(iv) Reinforcement of the efforts for the development of research on issues of equal opportunities in higher education.

(b) To take initiatives for the elimination of inequalities in employment of women. The focus of the action is:

(i) To improve the business qualifications of women;

(ii) To create new jobs by promoting self employment and reinforcing local employment initiatives, as well as developing and reinforcing the business activity of women;

(iii) To make social partners, workers and professionals in critical sectors aware of the principle of equality;

(iv) To make maximum use of the community programmes and initiatives.

(c) To formulate actions for financing by the European Structural Funds aiming at improving the position of women in the labour market and dealing with the unemployment of women. Particular activities suggested within the framework of the new community support framework refer to:

(i) The creation and development of structures for the vocational training and informing on issues concerning the labour market;

(ii) Social support actions (facilitating and providing opportunities for training, employment, improvement of business actions, reinforcement of the competitive position of women in the labour market, information, awareness, development of social infrastructure;

(iii) Vocational specialization and respecialization and training of women (unemployed, threatened by unemployment, special groups);

(iv) Technical assistance, studies and research on the labour market and the employment/unemployment of women.

(d) The need for scientific and technical support of the efforts, which led to the creation of a research centre for equality matters, under the supervision of the Ministry of the Presidency of Government, which aims at implementing studies and research on equality matters, organizing educational and vocational training programmes and informing and orienting women in the labour market;

(e) Efforts for continuous public awareness on the specific importance for society and people of the equal introduction of women in society;

(f) The organization and coordination of several programmes, networks and observation points concerning women and follow-up on the constantly changing needs of the labour market;

(g) Discussion and processing of the suggestions - instructions concerning parental care and reverse of the burden of evidence at the European Union Council for Social Cases;

(h) Awareness of the public and social agencies on the importance of the participation of women in the economic, political and social decision-making centres, as well as the encouragement of the participation of women in them;

(i) The change of the image of women as presented by the mass media. A positive step in this direction is the proposal for the implementation of an informal code of behaviour which is decided by all and will bind all (State, journalists, mass media owners, citizens);

(j) The identification of regional and local peculiarities so as to activate local societies, make use of the inherent force and the participation of women in administration, management and strategic decision-making;

(k) The creation of modern, functional and flexible social support structures for children, people with special needs and the elderly, with the participation of social partners, so as to facilitate the professional and social life of women;

(l) Processing of the "Olympias" programme which outlines the measures and actions in all national and regional business programmes, in parallel with actions that women may develop my making use of new community initiatives.

 

II. DEMOGRAPHIC FEATURES

10. According to the 1991 census, the population of Greece is 10,259,900, of which 49 per cent are men and 51 per cent are women.

 

 

 

 

SPACE FOR GRAPHIC

 

 

 

 

11. The total fertility index was reduced from 2.23 in 1980 to 1.39 in 1992. The main reasons for the reduction in the birth rate are: domestic immigration, the cost of raising children, unemployment, an increase in divorce, insufficient social welfare for the working woman, the house and the environment in conditions of over-construction and the lack of green areas in urban centres, psychological reasons related to the insecurity of young people in social, economic and environmental issues and biological reasons.

12. Unlike the reduction of the birth rate, there is an increase in demographic ageing. According to the data, the birth rates during 1986-1990 are almost equal to the death rates.

13. The cause of demographic ageing is the reduction of the birth rate as well as the reduction of the death rate in old age and immigration. Demographic ageing is particularly obvious in some parts of the country and constitutes the reason for the large increase in expenditure for pensions in the past few years.

14. During 1950-1990, Greek women gained more years of life than Greek men and the difference between the two sexes has increased. However, in 1990 life expectancy at birth of Greek men (74.0 years) was the best in the European Union, while Greek women (79.4 years) were behind compared with women in many countries of Northern and Western Europe.

15. Life expectancy is higher in urban regions and the death rate is higher in rural regions, a fact related to the lower educational level and the inferior medical and pharmaceutical care. However, geographical differentiation is constantly decreasing owing to the improvement of living conditions.

16. The infant death rate was significantly reduced, from 17.9 per thousand in 1980 to 9.7 per thousand in 1990. The child death rate was reduced by half during 1980-1991. According to a report of the United Nations Children's Fund (UNICEF) on the progress of nations, Greece comes eighth in the death rates of women related to pregnancy or delivery. In particular, for every 100,000 births, there are 5 deaths of women, when the average in industrial States is 13 every 100,000 births. This index is related both to the position of women in society and the delivery of hygiene, which are excellent.

17. The number of marriages varied from 63,709 in 1985 to 59,052 in 1990 and 61,100 in 1993. The average age for marriage increased during 1981-1992 from 27.7 to 29.1 years for the groom and from 22.7 to 24.9 years for the bride.

18. The number of divorces also increased; divorce is no longer a social blemish. The number of divorces varied from 7,568 in 1985 to 6,037 in 1990 and 7,300 in 1993. The number of divorces per region varies depending on the geographic region and the presence of children. Almost one in three couples living in Athens ends up in divorce. In Athens, living conditions become unbearable owing to stress; the ability of women to survive after a divorce is an additional factor.

19. Between 1980 and 1992, while there was an increase in the proportion of women with one child (from 41 to 45 per cent) and two children (from 31 to 37 per cent), there was reduction in the proportion of women with three children (from 14 to 12 per cent) and four or more children (from 13 to 5 per cent). On the other hand, there was an increase of births outside marriage, 18 per cent in 1985 and 2 per cent in 1987 and 1988.

20. Single-parent families increased, although it is estimated that they are no more than 5 per cent of the total. In the majority of cases, the parent is a woman. According to the 1991 census, widows numbered 569,715 out of 677,187 widow/widowers heads of family and divorced women numbered 88,463 out of 133,129 divorced men/women heads of family.

21. Another feature of the demographic status of Greece is immigration and repatriation. Since 1973, the prevalence of repatriation over immigration and the establishment of the repatriated outside the two large urban centres has contributed to the restructuring of the demographic forces of the province. During the 1980s, the country changed from a forwarding country to an immigrant country. At the beginning of the 1990s, immigrants were estimated at between 356,000 and 436,000 people, many of whom were working without a work or sojourn permit.

22. During 1987-1992, 42,529 Pontiacs arrived in Greece (see para. 277), while another 150,000-200,000 people were expected over the next few years. Their arrival has already had favourable impact on the demographic status of the country.

23. Since 1980 there has been strong interest in the demographic issue by local governments and agencies (Parliament, Ministry of National Economy, Academy of Athens). In any event, all population policies in Greece respect the right of the couple and the individual to select freely and responsibly the number of children they wish to have and the spacing of pregnancies. Greece has signed all relevant international texts and has adjusted its legislation to this effect.

 

III. ARTICLES 2 TO 15 OF THE CONVENTION

A. Article 2

Female criminality

24. In Greece, female criminality is at very low levels both compared with male criminality and with that of other Western societies. The most common violations for which women are arrested are violations of the Traffic Code and the Construction Regulations, insults, minor thefts from stores - almost never for robberies or break ins - minor physical injuries and blackmail. In the last few years, there has been an increase in the use of narcotics by women.

 

25. The offences per category committed by women for 1986-1992 are:

OFFENCES 1986 1987 1988 1989 1990 1991 1992
Premeditated murder 11 7 16 12 16 10 11
Simple or dangerous

physical injury

641 790 912 871 1011 981 908
Theft (grand or not) 507 515 628 540 801 503 651
Robbery 3 18 5 7 11 11 20
Forgery 15 22 47 43 27 10 19
Blackmail 4 3 6 5 4 8 6
Illegal possession or use of arms 13 12 20 15 15 21 16
Violations of the law on narcotics 128 188 197 236 315 322 372

Source: Kiriakatiki Eleftherotipia, 26 February 1995.

 

26. Moreover, the total number of convicted women per category of offences is much less than that of men.

Categories of

offences Sex Total number convicted

Physical injuries Male 15 049

Female 1 447

Crimes against life Male 543

Female 34

Commonly dangerous crimes Male 8 961

Female 2 048

Crimes against morals Male 169

Female 32

Crimes against honour Male 15 799

Female 693

Crimes against ownership Male 3 710

Female 365

___________

Source: Ministry of Justice, 1992.

 

27. Equality in the treatment of prisoners is regulated by law 1851/1989 (Code of basic rules concerning the treatment of prisoners and other provision), which safeguards the equal treatment of prisoners and regulates matters concerning treatment, the rights and obligations of prisoners, as well as special regulations concerning the safety and rights of women prisoners.

28. Article 3 of law 1851/1989 safeguards the equal treatment of prisoners. Therefore, all discrimination in the treatment of prisoners is prohibited, especially discrimination based on race, colour, sex, language, religion, national or social descent, property or ideological convictions. However, on the basis of scientific criteria, there may be different treatment of prisoners per categories, as stipulated by law.

29. Under paragraph 6 of article 13 of the same law, women are detained at women's prisons or at separate sections of prisons.

30. Under paragraph 2 of article 22 of the same law, during the procedure of entry into the prison, the prisoner is submitted to a bodily search and search of their personal items, which is carried out at a special place and in such a way as not to prejudice the dignity of the prisoner. The search is carried out by at least two officers of the same sex as the prisoner. Under article 30 of the same law, there is always a gynaecologist at women's prisons.

31. Under paragraph 7 of article 38 of the same law, mothers who have their babies with them are always detained in individual cells with a surface of at least 40 square metres, properly arranged.

32. Under article 72 of the same law, detained mothers who raise their children in the prison and pregnant women who work enjoy all the advantages provided for in legislation applicable to free working women in general.

33. Under article 118 of the same law, the custody of women prisoners is assigned to personnel consisting mainly of women.

34. At Koridallos Prison, which is the central prison of the county, 266 of the approximately 300 women prisoners are detained. The remaining ones are detained in sections of other prisons. An especially high percentage of these women (90 out of 266) are detained for violations of the narcotics law. Given that there is no specific prison for minor women, nor any special section for them in women's prisons, there is a problem in the separation of prisoners.

35. At Koridallos Prison, 130 jobs have been created (textile, goldsmith workshop, auxiliary jobs) for convicted women. The existing problems mainly concern the lack of personnel, scientific or otherwise. Detained mothers can keep their children in prison up to the age of 2 years. A special inter-party committee of Parliament that visited the women's prison in 1994 suggested provision of the following:

(a) More prisons of smaller capacity, with workshops in agriculture and stock breeding, for example;

(b) Special therapeutic prisons for drug-addicted prisoners;

(c) A prison for minor prisoners;

(d) Kindergartens for children of prisoners;

(e) Study on the living conditions of women at Koridallos Prison.

 

B. Article 3

1. General assessment on the application of laws

36. The legislative framework now applicable in Greece concerning the elimination of all forms of discrimination between women and men is considered one of the most advanced. Since 1980, significant changes have been made for the safeguarding of equality between men and women and the elimination of all forms of discrimination against women, such as the amendment and revision of the family law and the introduction of new legislation concerning the elimination of discrimination in the access of women to education, vocational training, employment and working relations.

37. The Greek courts apply the principle of equal treatment of men and women in a satisfactory way in all cases referred to them.

38. In fact, the Supreme Courts of Cassation, namely the Supreme Court (Arios Pagos) and the Council of State, recently issued judgements that constitute successful examples of provision of effective judicial protection in a way that conforms with the stipulations of Greek legislation concerning sanctions (arts. 4 and 22 of the Constitution, law 1414/84, law 1483/84, etc.) as well as the provisions of the Community Law (DSE 100, art. 119 of the European Economic Community (EEC) Convention, EEC directives 75/117 and 76/207). Two of these judgements (657 and 658/1992 of the Supreme Court) concern the refusal to pay a family grant, which is a violation of the principle of equal payment of men and women. The other two (1360/1992 and 79/1993 of the Supreme Court) deal with discrimination of sex in access to employment.

39. In any case, the number of court judgements is relatively restricted, if one takes into account the direct and obvious discrimination that still exists, particularly in collective contracts and indirect discrimination.

40. An important reason for this is that the concerned parties do not appeal to the courts because of the lack of adequate and proper information concerning their rights, and the fear of vindictive measures by the employer (dismissal, unfavourable treatment, etc.).

41. There are cases that are either not covered at all by the existing legislation or are insufficiently covered; as a result, the application of equal treatment becomes impossible. Such cases mainly concern violence in the family and sexual abuse in the workplace where there is no corresponding legal status, or the case of law 1483/84, which provides facilities to employees with family obligations (parental leave of absence for raising children, leave of absence for illness of dependants, etc.). Thus, while law 1484/84 grants parental leave of absence for raising children, the leave of absence is unpaid and employees use it to a very restricted extent.

42. There are also individual cases of elimination of provisions of law. Such a case is the elimination of article 29 of law 2085/1992 by law 2190/94, which provided for the compulsory participation of at least one woman with formal and substantial qualifications in the departmental boards of public services and organizations. This stipulation was a positive action measure for the promotion of the participation of women at all levels of administrative hierarchy.

43. Concerning the efficiency of the modernization provisions of family law stipulated in 1983, a special law drafting committee has been established in the Ministry of Justice with the participation of the General Secretariat for Equality in order to assess their application and suggest new regulations.

44. Furthermore, the same committee has suggested the creation of a family court, which would be a very important step towards the improvement and modernization of the stipulations concerning family relations. It would be a special chamber consisting of regular judges specialized in family law and would include a social service consisting of pedagogues, sociologists and other special scientists, which would support their task.

45. In any case the legislative framework, progressive as it may be, is not sufficient by itself to resolve the problems, safeguard equal treatment and promote equal opportunities. There should also be actions and measures in order to safeguard the application and extension of the existing legal provisions and to inform the public concerning the rights and obligations of women.

46. The policy of the competent governmental agency, the General Secretariat for Equality, moves towards this direction with suggestions concerning the improvement of the legislative provisions as well as measures for informing the public on the rights of women.

 

2. Constitutional law

47. The Constitution, 1975, safeguards the principle of equality between men and women. In particular, paragraphs 1 and 2 of article 4 of the Constitution ratify and delimit the equality of the sexes before the law and stipulate that all Greeks are equal before the law and that Greek men and women have equal rights and equal obligations. Moreover, the Constitution embodies principles on equality as included in international laws.

48. Under article 28 of the Constitution, the generally acknowledged rules of international law, as well as international conventions as of the time they are sanctioned by law and become operative according to the conditions therein, are an integral part of domestic Greek law and prevail over any contrary provision of the law.

49. Apart from the general constitutional provisions, the Constitution also includes other provisions referring to specific areas such as:

(a) Work. Under article 22, paragraph 1, work constitutes a right and enjoys the protection of the State. It is also stipulated that all working people, irrespective of sex or other distinctions, are entitled to equal pay for work of equal value rendered;

(b) Education. Under article 16, paragraphs 1 to 4, art and science, research and teaching are free and all Greeks are entitled to free education regardless of sex;

(c) Health. Under article 21, paragraph 3, the State is responsible for the health of citizens and for adopting special measures for the protection of youth, old age, disability and for the relief of the needy irrespective of sex.

(d) Legal protection. Women also enjoy legal protection by courts under the same conditions as men do under article 20 of the Constitution, which stipulates that every person is entitled to receive legal protection by the courts and to plead before them their views concerning their rights or interests, as specified by law. This right is also enforced in any administrative action or measure adopted at the expense of their rights or interests. Special legislation (Code of Civil Procedure, Code of Criminal Procedure, Code of Administrative Procedure) does not contain any discrimination and deals with the parties, men and women, under the same conditions.

 

3. Applicable laws per sector

Marriage, family

50. By law 1329/83, the family law was modernized and adjusted to the constitutional requirement of the principle of equality of the two sexes. Therefore, the following were eliminated:

(a) The concept of patriarchal family which was replaced by the family of equality. It was stipulated that both spouses should contribute, depending on their capacities, in dealing with the needs of the family;

(b) The institution of dowry.

51. It was stipulated that:

(a) The woman should keep her family surname after the marriage;

(b) The spouses to be may choose before the marriage the surname of their children which may be the surname of either spouse or both;

(c) Adolescents come of age at their 18th year and this is the lowest limit for marriage for both sexes;

(d) The children should be raised and educated irrespective of sex;

(e) The possibility to "claim participation" for each of the spouses in the assets acquired during the marriage;

(f) The selection of the joint possession system;

(g) The modernization of the provisions on divorce and the introduction of divorce by common consent;

(h) The full equality of rights of the children born "without marriage" of the parents with the rights of the children born "within the marriage" and the legal reinforcement of the position of unmarried mothers.

52. Law 1649/86 enables women who were married before the amendment of the family law by law 1329/83 to regain their family surname, if they wish to do so.

53. Under law 2190/94, if the successful candidates in a competition for State jobs include unmarried mothers, 5 per cent for each child is added to their total marks.

Employment, vocational training

54. Under the Civil Servants Code PD 611/77 which is the main legislation for accessing employment in the public sector, as well as under law 1320/83, there is no discrimination for employment at public administration positions.

55. Under the Civil Code (art. 288), the employer is obliged to treat all employees in the same way, unless different treatment is provided for by law.

56. Law 1082/80 prohibits the dismissal of pregnant women.

57. Law 1302/82 ratified Convention No. 103 of the International Labour Organization (ILO) concerning Maternity Protection.

58. Law 1414/84 concerning the application of equality of the two sexes in the field of working relations and in harmonization with EEC directives 75/117 and 76/207 provides for:

(a) The elimination of all forms of sex discrimination, direct or indirect, in working relations;

(b) The possibility of men and women to have access to employment under the same conditions;

(c) Equal pay for work of equal value;

(d) Equal vocational orientation for boys and girls;

(e) Prohibition of termination of working relations for reasons referring to sex. The same law establishes an Equality Office at each labour inspection. It also regulates the age limit for entry in the occupation at equal levels for both sexes.

59. Law 1423/84 ratifies ILO Convention No. 122 concerning Employment Policy, in accordance with which measures are taken for dealing with unemployment and underemployment that should secure work for all those who wish to work and the free choice of occupation irrespective of sex, race or religion.

60. Law 1424/74 ratified ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, which prohibits any discrimination, exclusion or preference based on race, sex, religion, political beliefs, national descent, social descent and results in the elimination or differentiation of equal opportunities and treatment concerning employment or occupation.

61. Law 1426/84 ratified the European Social Charter, which safeguards the enjoyment of all social rights irrespective of sex, and includes the right to work.

62. Law 1483/84 protects working people with family obligations.

63. Law 1483/84, on protecting and facilitating working people with family obligations - amendments and improvements of labour laws, provides among other things for:

(a) The granting of parental leave of absence without pay to raise a child up to three months for each parent during the period that starts at the end of the maternity leave and ends when the child becomes two and a half years of age. An unmarried mother is entitled to parental leave of up to six months accordingly;

(b) In the event of illness of children or other members of the family, leave is granted without pay for up to six working days per year;

(c) The granting of leave with pay in order to follow up on the school progress of children in primary or secondary education, up to four days per year;

(d) The provision by public services and industrial enterprises of the private sector that employ more than 300 people, in the event of construction of a building to house their services, of a kindergarten that will cover the needs of the personnel.

64. Law 1539/85 increases maternity leave from 12 to 14 weeks in the private sector and 16 weeks in the public sector.

65. Law 1541/85 grants a labour and confinement benefit to farmers insured with the Agricultural Insurance Organization.

66. Resolution 2396/85 of the Ministry of Labour amends and supplements the provisions of the Social Security Institute's insurance regulations so as to enable the insurance of workers such as domestic helpers, baby sitters, etc., who did not have this opportunity.

67. Law 1576/85 ratified ILO Convention No. 156 concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities.

68. Law 1654/86 provides for insurance coverage of people paid by item and work for one or more enterprises.

69. Law 1759/88 provides for insurance coverage for those who work without salary at family enterprises, the majority of whom are women.

70. By the same law (art. 30), the uninsured husband, parents, brothers and sisters are entitled to be insured at a fund or illness branch of the insured or pensioner of the organizations for which the Ministry of Health, Welfare and Social Security is competent.

71. Presidential Decree 193/88 extends the provisions of law 1483/84 and provides facilities to people with family obligations who work in the public sector, the Legal Entity of Public Law and the LAO, such as parental leave to raise children, leave of absence for illness or disability of family members, reduced working hours, etc.

72. The National Collective Labour Contract of 1988 regulates the issue of payment of a marriage benefit to all married working women without conditions, under the provisions of law 1414/84.

73. Law 1849/89 secures a total maternity leave of 15 weeks in the private sector and provides for the granting of a marriage benefit to unmarried parents (unmarried mother), widows and divorced women.

74. Law 1892/90 establishes part-time employment and regulates issues concerning the safeguarding of the rights of part-time workers, the minimum wage limits, annual paid leave, the social security and, in general, the application of all the provisions of labour laws.

75. Under law 1892/90 (art. 63) a benefit is granted for three years to a mother who has her third child. A mother with four or more children receives a monthly benefit equal to one and half daily wages of unspecialized workers multiplied by the number of her unmarried children up to the age of 25 years. This benefit is paid until the mother ceases to have unmarried children up to the age of 25 years. Moreover, the mother who is no longer entitled to the said benefit receives a pension for life equal to four times the daily wages of unspecialized workers. The said benefits are paid to the mother, regardless of any other benefit, salary, pension, fee, etc.

76. Law 2085/92 grants to mothers - civil servants and employees of the Legal Entity of Public Law with children under six years of age an unpaid leave of up to two years in total and up to one year for each additional child. The time of this leave does not constitute real service time.

77. Furthermore, a pregnancy leave at half pay is granted to civil servants and employees of the Legal Entity of Public Law who need treatment at home.

78. The National Collective Labour Contract of 1993 includes provisions concerning equal treatment of men and women; equal pay for equal work; parental leave for raising children, which may extend up to 3.5 months per parent; total maternity leave of 16 weeks; breast-feeding and child-care leave, which may be granted to the man if the working mother does not make use of it; and the regulation of matters concerning night work of pregnant women under the new International Labour Contract 171. Moreover, there is reference to the dignified treatment and behaviour in working places on issues concerning the sex.

Agricultural sector

79. Under law 1257/82 on cooperatives, apart form married, divorced or widowed women with their own property, members of agricultural cooperatives may be married women, wives of partners if their main or secondary occupation is agriculture.

80. Under law 1287/82, women farmers are entitled to an independent pension equal to and under the same terms as men farmers.

81. Under law 1329/83, following the establishment of the independence of assets of spouses, women farmers are regarded by the Agricultural Bank as equal to men farmers concerning credit.

82. Law 1361/83 on agricultural trade unions provides for the participation of women in agricultural organizations, trade unions and groups without prerequisites and all discrimination against women farmers is eliminated.

83. Law 1541/85 grants a delivery and confinement benefit to farmers who are insured with the Agricultural Insurance Organization.

84. Resolution 283169/86 of the Minister of Agriculture, which provides the details for the application of EEC regulation 797/85, clearly stipulates that there is no difference between the two spouses concerning leadership in agricultural enterprises within the framework of the family.

85. Law 1745/87 establishes additional insurance for men and women farmers based on their contributions, which is additional to the Agricultural Insurance Organization pension.

86. Law 1759/88, which provides for insurance coverage of people working in family enterprises, stipulates that insurance coverage should be provided to women farmers who work in family agricultural businesses but are not paid.

87. Law 1790/88 reinstates the discrimination in article 24 of the Agricultural Code that excluded unmarried adult women from agricultural reinstatement in the distribution of public lands.

Health and social security

88. Law 1296/82 grants pensions each month from a special Agricultural Insurance Organization account and offers health care to any Greek man or woman more than 70 years of age who has no pension or any other income from any other source.

89. Law 1397/83 establishes the National Health System and the State undertakes to provide health services equally to all citizens.

90. Under law 1469/84, uninsured divorced men and women are entitled, within one year from the date of the final divorce decree, to hospital and medical-pharmaceutical care under the terms of the insurance policy of the other spouse at the time their marriage was ended.

91. Law 1568/85, which concerns health and insurance of working people, is applied to all enterprises of the private and public sectors and provides for:

(a) The establishment of a labour health and insurance committee for enterprises that employ more than 20 people;

(b) The obligation to employ a safety technician and a labour doctor for enterprises that employ more than 50 people;

(c) The provision of information, medical checks and measures for the protection of employees who are exposed to physical, chemical and biological factors;

(d) Measures for the protection of special categories of employees, such as pregnant or breast-feeding women.

92. Law 1609/86 legalized the artificial interruption of pregnancy before the completion of 12 weeks of pregnancy, except for special cases where the operation can be performed after the twelfth week (cases of rape, incest, genetic disorder of the foetus, etc.). The hospital expenses are paid by the insurance carrier (of the public or private sector) of the pregnant woman if the abortion is carried out in a State hospital.

93. Law 1813/88 amends provisions of the Civilian and Military Pensions Code and unmarried women with minor children are also entitled to a 15-year pension service.

94. Law 1902/90 gradually makes equal the age limits for the pensions of men and women.

95. Law 2071/92 modernizes the health system and the State safeguards the right and opportunity of citizens to resolve their health problems preventatively or therapeutically, through procedures that fully secure the freedom of choice and the respect of human dignity. Furthermore, the same law regulates the establishment and operation of artificial insemination units in specifically organized hospitals, the legal Entity of Public Law or private clinics. The hospital expenses up to the sum of 120,000 drachmas are paid by the insurance carrier (of the public or private sector).

96. Law 2082/92 regulates matters of social welfare and establishes new institutions of social protection, such as social welfare at home, daily creative occupation of infants and babies, etc.

97. Law 2084/92 gradually eliminates the 15-year service of women and safeguards equality in social security.

Violence - criminality

98. Law 1419/84 establishes the ex officio prosecution of crimes of rape. Moreover, it provides for and punishes as a criminal offence the actions of persons who insult with obscene gestures and suggestions the dignity of another person (arts. 336 and 337).

99. The equal treatment of prisoners has been regulated by law 1851/89, which safeguards the rights of detained women. It provides for the following:

(a) The detention of women in women's prisons or sections of prisons;

(b) During entry into the prison, the bodily search to which the prisoner is submitted is carried out by at least two officers of the same sex as the prisoner;

(c) A gynaecologist should serve at women's prisons;

(d) Mothers who have their babies with them are detained in individual cells with a surface of at least 40 square metres, properly arranged;

(e) Detained mothers who raise their children in the prison and pregnant women who work enjoy all privileges provided by legislation for free women.

 

4. Legislative measures for women of the European Union and

adjustment of Greek legislation

100. The Convention of Rome for the establishment of the European Community (art. 19) states that every member State secures the application of the principle of equality of pay for equal work between working men and women (adjustment of Greek legislation by law 1414/84).

101. Directive 75/117 of 1985 provides that States members of the Community are obliged to apply the principle of equal pay for equal work between men and women (adjustment of Greek legislation by law 1414/84).

102. Directive 76/207 of 1976 safeguards the application of the principle of equal treatment of men and women concerning the access to employment, vocational training and promotion and working conditions (adjustment of Greek legislation by laws 1414/84, 1483/84, PD 193/88, National Collective Labour Contracts of 1988, 1993, etc.).

103. Directive 79/7 of 1978 provides for the gradual application of the principle of equal treatment between men and women in issues of social security (adjustment of Greek legislation by laws 1469/84, 1902/90, 2084/92, 1296/82, 1759/88, etc.).

104. Directive 86/368 of 1986 provides for equal treatment of men and women in the professional systems of social security.

105. Directive 86/613 of 1986 provides for the application of equal treatment of men and women who are free-lance workers, including farmers, as well as the protection of motherhood (adjustment of Greek legislation by laws 1541/85, 1759/88, 1790/88, etc.).

106. Directive 92/85 of 1992 provides for the application of measures that aim at reducing the health and safety of women who work during pregnancy, confinement, breast-feeding (adjustment of Greek legislation by laws 1568/85, 1483/84, National Collective Labour Contract 1993, etc.).

 

C. Article 4

1. General

107. The achievement of the equality of sexes is a difficult target since it aims at changing conceptions and mentality. However, it seems that everybody now realizes that women have as much to offer as men in all areas and, consequently, their positions should be revised. This effort is also supported by the State through a series of positive measures taken for women and those planned for the future. These programmes are mentioned both in the introduction to and in the body of the present report.

108. For the coming years, the action plan includes legislative initiatives and regulations, institutional interventions and creation of support infrastructure and mechanisms, as well as the implementation of a series of research projects and studies aimed at identifying the present situation and the elaboration of suggestions and flexible solutions on issues concerning equal opportunities. Furthermore, action is planned in the field of information and awareness, such as special publications, conferences, seminars, meetings and training programmes for teachers, judges, elected councils for the first and second degrees of local administration, police officers, etc. In the second Community Support Framework, the immediate priority is to make women a target group in the proposed business programmes at the national and regional levels. Finally, a series of actions has been planned to deal with the unemployment that is currently affecting women.

 

2. Mechanism for promoting equality

109. General Secretariat for Equality. The component State agency for the implementation of the programmes that provide the issues of equality in Greece is the General Secretariat for Equality of the two sexes, which is a sector of the Ministry of the Presidency established in 1985 by law 1558/85.

110. The task of the General Secretariat is multidimensional, is implemented at many different levels and consists of:

(a) The promotion and implementation of legislative and substantial safeguard of the equality of the two sexes;

(b) The introduction of the necessary measures that the State should take (ministries, local administrative organizations, social agencies) for the same purpose. The General Secretariat cooperates directly with all ministries in order to reform the institutional framework and include the principles of equality in new draft laws. It also cooperates with international organizations with the aim of being kept up to date on international developments in women's issues, exchanging views and actively participating and promoting the position of Greece on issues concerning equality of the two sexes;

(c) The planning for activities in the governmental development programme aimed at facilitating the participation of women in the development of the country;

(d) Informing the public on issues concerning equality of the two sexes so as to overcome prejudice and old-fashioned ideas against women;

(e) The implementation of vocational training programmes for unemployed women aimed at their introduction or reintroduction to the labour market. These programmes receive national and community co-funding.

111. In the framework of its powers, the General Secretariat makes interventions to several agencies aiming at eliminating discrimination and applying the principle of equality of the two sexes in all areas. At the same time, the legal office of the General Secretariat informs the public on new legislative regulations.

112. Furthermore, the General Secretariat operates a library rich in books, editions and informative videos concerning women's issues and the equality of the two sexes.

113. In 1989, a Deputy Minister of the Presidency was appointed to deal with matters of equality of the two sexes; the position was eliminated after the elections in June 1989 and the change of government, but was reinstated after the 1993 elections.

114. In 1989, resolution 18911 of 31 July 1989 of the Minister of Presidency established the Equality Council which operated as an advisory body of the General Secretariat. Moreover, in 1993 a wider informal advisory body was established, with the participation of women's organizations and representatives of social partners. In 1994 the processing of the Presidential Decree for the Regulations of the General Secretariat for Equality was completed. These Regulations, which were to be applied within the first six months of 1995, provide for:

(a) A clearer definition of powers;

(b) A new organizational structure with the provision of three directories and three independent departments;

(c) Establishment of information offices of the General Secretariats in 13 regions of the country.

115. The budget of the General Secretariat is part of the national budget. A total of 371 million drachmas was granted in 1991 and 541 million drachmas in 1994, which shows that the work of the General Secretariat absorbs an increasing part of the national budget.

116. Prefectural equality committees. Presidential Decree 370, which became applicable on 16 June 1989, describes and determines the means of establishment and operation of the prefectural and provincial equality committees. Under this decree, the following parties participated in the Committees:

(a) Representatives of the three larger women's organizations of the prefecture (on the basis of the number of members and the activities of the organizations);

(b) One representative of the people's training committee;

(c) One representative of the labour centre of the prefecture's capital;

(d) One representative of the Agricultural Cooperatives Union of the prefecture that has the larger number of members;

(e) One representative of the Education Committee;

(f) One representative of the Local Union of Municipalities and Communities.

117. The General Secretariat and the prefectural equality committees organized a programme aiming at improving the position of Greek women in all areas. Some 54 million drachmas were assigned to the implementation of the programme which was carried out in all prefectures of the country in the period from June 1988 to March 1990. In the framework of this effort, some of the organized activities were the following:

(a) Seminars for informing the public;

(b) Exhibitions of women's creations;

(c) Operation of centres for creative occupation of children;

(d) Publication of leaflets and posters;

(e) Awareness of agencies on the issue of equality;

(f) Meetings to inform teachers;

(g) Meetings, in cooperation with the regional hospitals, to inform women on issues of preventive medicine, family planning and on the problems of narcotics and AIDS;

(h) Regional meetings organized in the capitals of the 13 regions, which aimed at recording and dealing with local problems, as well as meetings with responsible parties in Athens once or twice a year for updating on the topical issues;

(i) Following a suggestion of the committees, vocational training programmes for unemployed women and women farmers' initiatives for the creation of small enterprises and cooperatives have been supported.

118. In 1992, article 4 of law 2026/1992 provided for the elimination of all councils and committees that were not expressly preserved and, therefore, the prefectural and provincial equality committees were eliminated. In their place, equality departments were created in the prefectures and the head of department was responsible for their operation. This position is not permanent, is not paid and the head of department deals with equality issues simultaneously with her main duties.

119. Law 2218/94 on the establishment of prefectural administration eliminates all services that make up the prefecture as from the time when prefectural administration takes over; consequently, this law also eliminates the departments of equality of sexes of the prefectures. This means that the establishment and operation of services dealing with equality matters is now the exclusive responsibility of the elected prefects.

120. Equality offices. Under law 1414/84, equality offices began to operate at the Ministry of Labour and in every labour inspection of the country. Since March 1990, an effort has been made to organize and operate equality offices in all ministries, State organizations and public services, while since November 1992 an equality office has operated in the Greek Radio and Television SA.

121. The objective of the equality offices is to carry out continuous studies on the existing legislation and case-law of community and domestic law concerning equality and to have continuous contact with other competent services in order to exchange information for dealing with the problems of the issue of equality. In this framework, the Ministries of Justice, Interior and Health, Welfare and Social Security carried out open discussions with the participation of special scientists. In particular, the equality office of the General Secretariat for Social Security carried out a two-day meeting on social security and, in particular, the problems of equal treatment of the two sexes in social security, and the development of community legislation.

122. Another activity of the equality offices concerns the collection of printed materials coming from the European Union and international organizations (studies, articles and books) on issues of equality, so that employees may be fully informed. It should be noted that the Ministry of Foreign Affairs established in 1980 an Office for Women's issues in the Directorate of International Organizations and Conferences whose duty is to follow up on the developments on women's issues in the international organizations.

123. The equality offices cooperate with the General Secretariat for Equality for drawing up the annual action plan of each service.

124. Unfortunately all equality offices have problems in operation, except those in the Ministries of Labour and Justice; however, efforts are being made for their reactivating.

125. Research Centre for Equality Matters. Under law 1835/89, the Research Centre for Equality Matters was established and it began operating in April 1994. Under Presidential Decree 33 of 11 March 1994, it is subject to the supervision of the Ministry of the Government's Presidency and its objective is to coordinate, promote and carry out research on issues of equality of the two sexes.

126. In particular, the Centre:

(a) Undertakes to carry out studies on issues of equality;

(b) Undertakes to organize and carry out programmes aiming at the vocational training of women;

(c) Collects and develops scientific information on issues of equality and cooperates with international organizations as well as with educational, scientific and research institutes in Greece or abroad that have similar objectives;

(d) Organizes international meetings, conferences, congresses for the promotion of research on issues of equality and carries out seminars and lectures aiming at informing the public.

127. In the future, the Centre will also operate as the Women's Training Centre.

128. The budget of the State Investments Programme for 1995 provides for an investment for the establishment of two Centre offices at Thessaloniki and Heraklion so that the Centre is certified as a national sectoral centre for women's vocational training.

129. Non-governmental organizations. The issues of equality of the sexes are also promoted by non-governmental organizations, which were established in Greece in the middle of the 1970s and mainly deal with issues of legislative equality, child care, women's employment and peace. There are currently about 70. The larger ones have offices in the regions while there are local women's organizations that deal with women's problems and promote women's issues. These organizations have contributed and continue to contribute actively to women's awareness on issues that concern them, as well as informing the public of their problems. The activities of some of the women's organizations (from 1986 to this day) are stated below.

130. The Greek Union of Women was established in 1976. It has offices throughout Greece. Its mandate includes:

(a) Implementation of research on problems faced by working women, aimed at their participation in all occupations on equal terms with men, at all levels of hierarchy and production organization;

(b) Employment programme (1992) for unemployed women of more than 25 years of age on the topic of business in the commercial sector;

(c) Organization of a congress on the topic of a course of equality in Greece - perspectives;

(d) Publication of the magazine Open Window, which deals with women's issues;

(e) Participation in the European Women's Lobby, the board of directors of the Association of Greek Scientists and Amnesty International.

131. The Democratic Women's Movement was established in Athens in 1975 and operates in both the centre and the province. Its mandate includes:

(a) Implementation of research on violence against women;

(b) Organization of a congress in 1994 at Pantion University on the topic of sexual harassment in the workplace;

(c) Participation in the European Women's Lobby.

132. The Lyceum of Greek Women was established in 1911 and is a member of the International Federation of Lyceum Clubs. It has offices throughout Greece and abroad. Its mandate includes:

(a) Establishment and operation of a centre for women's and children's problems for women irrespective of age and vocational training;

(b) Training programmes in teaching Greek dances and traditional costume specialists;

(c) Operation of a legal advisory department for supporting women in distress.

133. The Greek Federation of Women was established in 1976 and operates throughout Greece. Its mandate includes:

(a) Research on issues such as immigrants, young women and farmers;

(b) Training programme for women councils on prevention and rehabilitation on narcotics, addressed to unemployed women of more than 25 years of age;

(c) Organization of congresses, lectures and meetings on women's issues in all regions of the country.

134. The Greek Soroptimistic Union was established in 1952. Its mandate includes:

(a) Research on the following subjects: vocational orientation for women, young women of the south before 2000, the position of women in a united Europe, illiteracy in women, education, problems of repatriation, breast cancer and narcotics;

(b) Organization of educational seminars for soroptimists on issues of community social policy in five cities of Greece for women over 21 years of age;

(c) Organization of a large number of congresses, seminars, meetings and lectures in Athens and other provincial cities on issues of European unification, human rights, health and prevention, education, environment, economic development and goodwill;

(d) Participation in the European Women's Lobby and as a non-governmental organization in the Economic and Social Council (ECOSOC), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Council of Europe in cooperation with the International Labour Office (ILO), the Office of the United Nations High Commissioner for Refugees (UNHCR), and the World Health Organization (WHO);

(e) Publication of the quarterly magazine Greek Soroptimists.

135. The Greek Housewives Club was established in 1974. Its mandate includes:

(a) Research on obstetrical services in Greece and the family in the year 2000, funded by the Club;

(b) Organization of congresses (the third and fourth Pan-hellenic Housewives Symposium) with the topics, housewife and the environment and the third age and housewives;

(c) Exhibition of women's posters (1989), with posters from the past 14 years on women.

136. The Association for Women's Rights was established in 1920 as part of the International Women's Union. Its mandate includes:

(a) Implementation of research on such topics as structure and operation of kindergartens, sexual harassment in the workplace, the image of the crime of rape by the press, as well as other studies on issues of equality of the sexes;

(b) Training programmes on information and the potential of computers, women's employment and new technologies, computer science and use of microcomputers for professional lawyers and notary publics, Greek women in Greek society today and in Europe tomorrow, equality of the sexes in work and trade unions, women and the democracy of equality, rights of the woman and peace and the special problems of girls;

(c) Operation of a documentation and studies centre for women's problems, an advisory department to provide legal advice and an advisory department to provide assistance to women who face problems of physical and psychological violence in their family (which is free of charge);

(d) Award of an annual prize to the journalist who promotes the issues of equality of the sexes in the best and most effective way;

(e) Participation in the European Women's Lobby.

137. The Association of Greek Women Scientists was established in 1924. Its mandate includes:

(a) Research on the following topics: Woman scientist and work, the case of Greece, and living conditions of women in Greece;

(b) A two-day congress on immigration of the people of the third world to countries of the European Union and their effect on the labour market;

(c) Organization of meetings, open informative discussions on different topics as well as two-day meetings on national issues (the course of Greeks in Macedonia through time, the presence of Greeks in Albania).

138. The Young Women's Christian Association (YWCA) of Greece was established in 1923 and is present both in Greece and abroad. Its mandate includes:

(a) Education training and employment programmes for women from 18 to 25 years of age, and for those over 25 years of age with special social problems such as long-term unemployment, repatriation, minorities, etc;

(b) A European five-day seminar on women and new technologies held at Athens;

(c) A European five-day seminar on improvement of communication techniques in elementary education of adults, held at Thessaloniki;

(d) A women's press archive that covers newspapers and magazines. It was established in 1975, became systematic and since 1978 has been continuously updated. Its material is stored on film and it has connections with the Library of Parliament;

(e) Pilot programmes carried out in Athens and N. Mosinoupoli of Rodopi to support, encourage and improve the communications abilities of women of any age, race or nationality. In Athens, the programme concerns Africans, Kurds, Iranians, Arabs, Russians, Georgians, Caucasians, Armenians and Asians. In N. Mosinoupoli, it concerns Pontiacs and their families;

(f) Participation in the European Women's Lobby, the International YWCA, IRIS, EWA, ECW.

139. The European Women's Lobby has existed since 1990. The Lobby consists of representatives of women's organizations and tries to influence positively the policy of the European Union concerning women's issues.

140. The following networks are funded and guided by the European Union in order to identify inequalities in their areas of competence. Network for the Application of Directives in Equality, Network of Experts on the Position of Women in the Labour Market, Network on Local Initiatives of Women, Network for Baby Sitting, Network of Programmes for Women's Vocational Training, Network of Women in the Decision-Making Centres. They employ experts who follow up the developments in the areas of interest or undertake to implement studies on the present state. The results of the research are used by the Community to plan the suitable policies and by the national mechanisms.

141. Women's sections in political parties were activated relatively recently and one of their main objectives is the more intense representation of women in parties and Parliament, which is very low today. These sections are mainly active in larger urban centres; however, their presence is felt in the province as well.

 

D. Article 5: Information and awareness

1. General

142. In the modern Greek society, the sectors of the family, the education and information-awareness are important for the formation of the new social concept on the roles of the two sexes. In particular, the mass media cultivates and formulates the social conscience, supporting or overturning the prevailing ideology of the traditional sex stereotypes.

143. The General Secretariat for Equality, acknowledging the ideological role played by the mass media in fighting prejudices and eliminating the stereotype roles of women and men, uses them in order:

(a) To inform and update the citizens on institutional changes and legislative regulations in the area of equality of the two sexes;

(b) To influence the policy exercised by the mass media in order to adjust to the social changes concerning the equality of the two sexes and the new social roles of men and women;

(c) To make people sensitive to the issues of equality of the two sexes;

(d) To promote the participation of women in all sectors of social life.

144. The objective of the policy of the General Secretariat for Equality on the mass media is to overcome the established binding types of behaviour of the sexes that have been traditionally imposed. Its many activities are carried out within this framework and concern informing the public by organizing congresses, seminars, open discussions, competitions, informative meetings, publications and exhibitions. (See table below on information and awareness activities of the General Secretariat for Equality (1987-1994)).

145. Basic legislation on advertising and transmissions in the mass media and referring to the protection of women has been governed since 1986 by:

(a) Article 3 of law 1730/87, which sets the general principles of the radio and television transmissions and commercials of Greek Radio and Television (ERT) SA. Paragraph 8 of this article stipulates that ERT SA may refuse the transmission of any commercial that is opposed to the principles of respect for women.

(b) Article 4 of the Code of Ethics of Radio and Television Commercials passed by the National Radio and Television Board and published on 18 July 1991, under which the radio and television station (public or private enterprise) should not transmit commercials which, among others, introduced sexual discrimination;

(c) Presidential decree 236 of 16 July 1992 on the exercise of television activities in Greece, in compliance with EEC directive 89/552, which provides, under article 6, that television commercials should not introduce, among other things, sex discrimination, and under article 9 that radio and television programmes should not include material that seriously prejudices the physical, mental or ethical development of minors and that contain pornographic scenes or scenes of undue violence. Furthermore, transmissions should not include any incitement to hatred due to race, sex, religion or nationality;

(d) Article 2, paragraph 4, of law 2173/93 on Restructuring the National Radio and Television Board and Establishing a National Committee of Electronic Communication Media eliminates the Social Control Representative Meeting of Television and Radio Audiences of ERT SA provided for in article 4 of law 1730/1987. The duties of the Meeting are now performed by the National Committee of Electronic Communication Media. Thus, although one of the representatives to the Meeting was a member of the General Secretariat for Equality and a representative of the social and scientific bodies was from one of the two women's organizations with the largest number of members, this is not provided for in articles 2 and 3 of law 2173/93.

(e) Article 9 of law 2251 concerning the protection of consumers, under which any commercial that offends morals is prohibited and considered as unfair advertising. Such a commercial is, among others, one that distinguishes social groups on the basis of sex, race, age, religion, nationality, descent, beliefs or physical or mental peculiarities.

 

2. Image of women in the mass media

146. Despite the legislative and institutional measures, the majority of the mass media continue to reinforce the traditional images of women, namely either the image of the devoted mothers, housewives and wives, or the image of women as sex objects. In television shows and films, women are almost exclusively presented in traditional roles while in commercials they are mainly used to promote household appliances, detergents and cosmetics, using the exclusive criterion of overstressing "femininity" and in roles that are auxiliary and rarely equal to those of men. This image does not reflect the present state of Greek women, who have gained an important position in Greek social life.

147. Women's organizations and the General Secretariat for Equality have complained of the way in which the mass media portrays women and, in particular, of incidences of pornography and violence. They have proposed measures to deal with those phenomena, such as the establishment of an informal code of ethics to which journalists and mass media owners will bind themselves voluntarily.

148. The continued portrayal of the traditional image of women is mainly a result of male domination in the mass media. The distribution of tasks, from phototypesetting and typing exclusively assigned to women to executive positions, which are apart from very few exceptions exclusively assigned to men, confirms the hierarchical distribution of tasks according to sex.

149. The reduced participation of women in particular sectors of the mass media is due to the male conception of the role of women in the labour market and to the attitude of women towards the requirements of the occupations of journalist and technician (working hours, etc.).

150. In the past few years there has been some progress both in the participation of women in senior positions in the mass media and in the way in which women are shown in commercials and shows. Some television commercials promote the change of the image of the two sexes by presenting the man participating in household chores and in raising children, with positive reactions from the public. Moreover, there has been some improvement in the participation of women as newscasters and journalists in political reporting in general, as well as in political shows.

151. Although the increase in the number of women working in the mass media, mainly as journalists, does not necessarily mean that the way in which they are presented is fairer, the presence of women in responsible positions in the mass media is a contributory factor and this is why it is considered to be decisive.

152. The establishment, in the past five years, of radio and television stations by local administration and private initiative has "opened up" the profession and the area of mass media to women. Several women journalists, producers and presenters have distinguished themselves and contributed both with their presence and their shows to the issue of equality of the sexes.

 

3. Radio and television

153. In Greece, statistics confirm that despite their increasingly strong presence in television news and reporting or informative shows and in public relations departments, women in the electronic communications media have mainly executive roles.

154. The percentage of women employed in the administrative sector of the mass media has increased, particularly in the lower positions; their presence in journalist's positions is small, while in the technical sector it is restricted.

155. In accordance with data from the Directorate of Public and International Relations of ERT SA, the presence of women in State channels in 1994 is as follows: out of a total of 3,493 employees, women accounted for 34 per cent. Of that percentage, 57 per cent held administrative positions, 11.2 per cent were in technical services and 35 per cent were in the production department. The board of directors of ERT includes one woman among its seven members. There is no woman among the five general managers, while the first channel has one woman news manager. Among managers, heads of department, deputy managers, etc., the percentage is approximately 30 per cent.

156. The situation is similar in the first three private television channels of the country. The percentages of working women are approximately at the same levels.

 

4. Press

157. Concerning the daily press and periodicals, there is a continuously increasing participation of women in journalism. However, women are mainly employed in the so-called "female" reporting area such as the arts, education and social life while in the political, financial and sports reporting area the number of women remains low.

158. A survey of journalists carried out by Kiriakatiki Eleftherotipia in June 1994 established that the average number of women employed in journalism in daily newspapers was 25-35 per cent, while there were very few women in the senior positions of management and chief editing.

159. According to this survey, among the traditional press groups, the lowest number of women was employed in the Labrakis group (32 per cent). Eleven of those women held administrative positions and the most senior was a woman editor. Furthermore, in the Tegopoulos group, the percentage of women was 34 per cent and in the Voudouris Foundation it was 36.9 per cent. These groups have no women in senior positions.

160. In the Bobolas group, women employees reached 44.2 per cent while in magazines, in the pyramid of the 15 women holding senior posts, the first was the editor of a magazine. Moreover, in the same group, the highest journalist position was held by a woman in a newspaper of the group.

161. In the Terzopoulos group, the percentages of women and men were 49.7 and 50.3 per cent, respectively. Only six women held senior hierarchical positions.

162. In women's magazines, women make up 75 per cent of the employees but only four of them hold senior positions.

163. It is underlined that men are mostly found at the top of the journalist pyramid, with the exception of women's magazines managed by women and two editors of large-selling newspapers who are also its owners and one manager of a radio station, also its owner.

 

5. Advertising

164. In the field of advertising, apart from the legislative framework, the Code of Ethics of the Union of Greek Advertising Companies has been operating since 1978, under which advertisements are controlled and restricted by the Control Committees.

165. In the years of operation of the Code, many advertisements have been controlled for pointless and abusive use of the human body. Indecent nude and sexist approaches are condemned and so are advertisements that prejudice the dignity of women.

166. Women in advertising spots are shown under many faces and in many roles but continue to be promoted mainly in the stereotyped images of housewife and "feminine" roles.

167. In the past few years, there has been an improvement in the way in which women are presented in advertisements and this is mainly a result of social changes. The image of the Greek woman in advertising has changed to reflect a social reality in which her presence has become powerful. Moreover, another factor that has contributed to the improvement of the image of women in advertising is that many managerial positions in advertising companies are held by women.

168. The competent bodies, i.e. the General Secretariat for Equality and the Deputy Minister of the Presidency for Equality Matters, have begun a social dialogue on misleading advertising and on the sexist models promoted by it, aiming at making the competent bodies (the Ministries of Commerce and Press as well as the Union of Greek Advertising Companies) aware of the problem and at eliminating discrimination and models that continue to be promoted by advertisements.

Table. Information and awareness activities of the General Secretariat of Equality (1987-1994)

1987

- Competition for student posters on equality of the two sexes (in cooperation with the Ministry of Education)

- Participation in the International Women's Meeting held at San Francisco, California, United States of America, in March 1989 with the topic: women, power and democracy

- Presentation of the first Greek report to the meeting of the Committee on the Elimination of Discrimination against Women at Vienna, 30 March-10 April 1987, "Towards the elimination of all forms of discrimination against women" (law 1324/83)

- Participation in the International Women's Congress (Moscow, June 1987) on "Towards 2000 without nuclear weapons - For Europe -Equality - Development"

- Announcement of a competition and prize awarded to a television advertisement for the promotion of equality of the two sexes

- Organization in Athens of a sculpture and microsculpture exhibition of women creators on "Woman - artist"

- Participation in an international meeting in Brazil (28 August -6 September 1987) on the application of the Convention on the Elimination of All Forms of Discrimination against Women

- Inauguration of the Women's Argotourism Cooperative of Prespes, at the prefecture of Florina

- Organization of a scientific lecture on the issue of the operation of a special family court

- Implementation of women's vocational training programmes in the framework of institutional actions (video-montage techniques)

- Announcement of 13 women's vocational training programmes in 1987 in cooperation with other bodies (Greek Productivity Centre, OPE, Fine Arts Chamber, Greek Organization of Small and Medium Size Enterprises, National Tourism Organization, etc.) on new technologies, introductory marketing, management, computer systems analysis and programming, etc.

1988

- Participation of the General Secretariat for Equality in the International Computer Systems Exhibition at Thessaloniki with printed material concerning the topic of woman and computer science

- Organization of meetings in cooperation with the National Welfare Organization for the purpose of informing the competent bodies (public order officers - nursing staff - representatives of the juridical sector, etc.) on the issue of abuse of women

- Organization at the University of Athens of a scientific lecture on women's studies at universities

- Announcement at a press conference of measures to deal with the unemployment of women in Greece, in cooperation with the Ministry of Labour, the Organization for the Employment of the Labour Force, the Greek Productivity Centre, the Greek Organization for Small and Medium Enterprises

- Announcement of the beginning of festivities throughout Greece organized by the General Secretariat for Equality entitled "Equality line", a programme of various events lasting for several months, in cooperation with the Prefectural Equality Committees for the determination and promotion of the image and position of women in each prefecture of the country

- Inauguration of the Technical Association of Women House Painters at Kalamata

- Implementation of women's vocational training programmes, in cooperation with the Great Productivity Centre, on advertising, public relations, computer systems, etc.

- Announcement of the award of the "Niki" prize by EEC for the television film that promotes the role of women in modern society (in the framework of the festivities of the European Year of Cinema and Television)

- Festivities related to "Equality line" at Thessaloniki and other provincial cities

- Implementation of women's vocational training programmes in cooperation with the Economic and Administrative Research Centre of ABSP on accounting computer system

- Announcement of the results of a scientific work meeting in cooperation with the United Nations International Research and Training Institute for the Advancement of Women (INSTRAW) on statistical data and indices for calculating the total work of women

- Festivities related to "Equality line" at 11 prefectures of the country

- Announcement of the results of a seminar held at Athens in November 1988 in cooperation with EEC and the Ministry of Labour on positive actions for the creation of equal employment opportunities for men and women

- Participation of the General Secretariat for Equality in the second Infosystem Exhibition at Thessaloniki

- Official inauguration of the library of the General Secretariat for Equality (4,000 book titles and 75 magazines)

- Announcement of the results of research of the National Social Research Centre on the political behaviour of women (meeting of the General Secretariat for Equality, November 1988)

- Festivities related to "Equality line" at 12 prefectures of the country

- Announcement of the conclusions of a scientific congress, in cooperation with the World Health Organization (WHO) on the present position of women in society and impacts on their physical and mental health

- Meeting of the General Secretariat for Equality on positive actions and the issue of a participation quota for women in the decision-making centres

- Participation in the campaign of the Council of Europe on the interdependence and solidarity of North and West in cooperation with the Ministry of Foreign Affairs and all Greek women's bodies (women's organizations, women's sections of political parties, women's coordinating committee for quota), including publication of a poster and a leaflet by the General Secretariat for Equality

1989

- Organization of an international interregional educational seminar with the United Nations (23-27 January 1989) on the Convention on the Elimination of All Forms of Discrimination against Women

- Suggestion to the Ministry of Education for the application of an experimental educational programme on interpersonal relations in primary and secondary education

- Organization of the central event for "Equality line" in Athens on issues of promotion of equality in Greece in all sectors

- Presentation of the proposal of the General Secretariat for Equality at the meeting of Ministers of the Council of Europe (4 and 5 July 1989) on political strategies for achieving real equality

- Suggestions to the State Greek Radio and Television (ERT) SA for the establishment of a representative women's committee

- Organization of an informative meeting of Greek women's organizations with United Nations representative Mrs. Christine Dodson, on the issue of the representation of women in professional positions in the organizations of the United Nations system

- Organization of a Panhellenic Conference of the Prefectural and Provincial Equality Committees on issues of promotion of equality in accordance with commitments made by Greece in international organizations (United Nations, EEC, Council of Europe, etc.)

- Announcement to the mass media of the conclusions of the International Women's Conference, organized by the International Women's Organization at Melbourne, Australia, in September and October 1989

- Implementation of EEC subsidized women's vocational training programmes in occupations where women are either underrepresented or not specialized. Training of executives of small- and medium-size enterprises, computerized accounting, cost pricing, use of computers, theory and techniques of imports and exports, management, organization of a congress in Athens in cooperation with the Organization for the Employment of the Labour Force and the EEC "Iris" Network (European Network for Women's Vocational Training Programmes) on the vocational perspectives opening up for women of southern European countries in view of the integration of the EEC single market in 1992

1990

- Formulation by the General Secretariat for Equality of a strategy proposal on equality to the political parties, women members of Parliament in the National and European Parliament and the women's organizations

- Announcement to the mass media of the conclusions of the EEC seminar held at Dublin in February 1990 on women and the integration of a single market

- Implementation of a women's vocational training programme in cooperation with the University of Piraeus on interviewing techniques and tax processing using computers

- Announcement to the mass media of future activities of the General Secretariat for Equality and the third EEC action plan on equal opportunities for women and men

- Organization of a seminar in cooperation with the Research Centres for Mediterranean Women to inform Greek women of the integration of the EEC single market, on Greek women before the challenge of 1992. Announcement to the mass media of the conclusions of the seminar

- Announcement to the mass media of the representation of Greece in the European Women's Lobby

- Announcement to all mass media of the EEC "Iris" programme concerning vocational training programmes for the women of Europe. The General Secretariat for Equality and the Organization for the Employment of the Labour Force make up the national delegation of Greece to the European Network "Iris"

- Announcement to all mass media of the implementation of a programme to encourage the vocational training of women facing special social problems (single mothers and unmarried, divorced and widowed women) in cooperation with YWCA

- Announcement to the mass media of the establishment of equality offices in State bodies (ministries and public organizations) on the initiative of the General Secretariat for Equality

- Implementation of a women's vocational training programme on energy building design

- Organization of an international seminar in cooperation with the Council of Europe on participation of women in regional and environmental policy

- Announcement to the mass media of the conclusions of the seminar

- Participation in an international congress in Moscow on international family policy and rights of the family: present and future

- Announcement to the mass media of the conclusions of the congress

1991

- Announcement to the Greek press of the third medium-term EEC action plan for equal opportunities, 1991-1995

- Announcement of the organization by the General Secretariat for Equality of a two-day meeting on community initiative on new opportunities for women and the third medium-term EEC programme for equal opportunities, 1991-1995

- Announcement of the conclusions of the two-day meeting

- Announcement of the implementation of a translators' vocational training programme in new technologies

- Announcement at a press conference of the conclusions of the proceedings of the Interministerial European Conference on Physical and Sexual Violence against Women (Brussels, March 1991) where a declaration was signed by 15 European countries

- Organization of a two-day symposium in cooperation with EEC on equal opportunities service where the conclusions of the research of the experts of the European Network on Women's Employment for 1983-1990 were announced. The research concerned the position of women in the labour market of the States members of the European Community and the special features of women's employment in southern Europe

- Announcement to the mass media of the conclusions of the research

- Local women's initiatives, inauguration of a productive cooperative on the island of Kassos, Dodekanisa, and informing the local press. Press conference

- Organization of an informative seminar at Athens in September 1991 on new community developments - third EEC action plan for equal opportunities, 1991-1995

- Announcement of the conclusions of an international congress held on Cyprus on social rights of families and the elaboration of a family policy by the Governments of the States participating in the congress. The congress was organized by the International Union of Family Organizations

- Announcement and press conference on the Interstate Cooperation Meeting, in the framework of the EEC initiative on new opportunities for women. Organization of the Meeting by the General Secretariat for Equality in cooperation with the Organization for the Employment of the Labour Force, with participation of representatives from Spain, Portugal, Greece and Belgium

- Announcement to the mass media of an event in cooperation with the Book Association concerning women's training seminars in editing occupations and new technological methods in editing

- Announcement to the mass media of the organization of a European seminar (under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) together with the Research Centres for Mediterranean Women. Representatives from Eastern, Central and Western Europe participated in the seminar, whose topic concerned building a Europe without borders: the role of women

- Presentation to the mass media by the General Secretariat for Equality of a book entitled "Gypsies" by women authors

- Announcement to the mass media of the implementation of vocational training programmes for unemployed single mothers

- Symposium in cooperation with EEC on the employment of women in EEC and the perspectives in countries of southern Europe on 27 and 28 June 1991

- Seminar on mutual informing and concerns of the Greek women's movement

1992

- Organization of a seminar in cooperation with the Research Centres for Mediterranean Women on Greek women before the challenge of 2000

- Seminar on new community development, the third EEC action plan for equal opportunities, 1991-1995, September 1992

1993

- Seminar on young men and women with knowledge and self-confidence in Europe, 28 April 1993

- Seminar on the Greek businesswoman with knowledge and self-confidence in United Europe, 25 February 1993

1994

- Congress at Komotini on 22 and 23 March 1994 on equal opportunities in development and employment

- International congress at Athens from 7 to 9 April 1994 on equal opportunities in education

- European congress at Thessaloniki from 16 to 18 May 1994 on Europe for women - women for Europe

- European congress at Leptokarya, Pieria, from 2 to 5 June 1994 on the contribution of women farmers in the development of programmes and initiatives of the European Union

- Implementation of social dialogue in the 13 regions of the country for the formulation of the proposals on the policy of equal opportunities for men and women in employment, in the framework of European social policy and in the framework of the Greek Book. These proposals have been submitted to the Ministry of Labour of Greece and the European Commission

- Organization of a two-day training meeting on 12 and 13 December 1994 for the executives of the general secretariats from the regions of the country, in the framework of the programme on the creation of an information unit on issues of employment

- Organization of a two-day meeting aimed at processing and formulating proposals on the fourth medium-term programme on equal opportunities in Athens on 14 and 15 December 1994

 

E. Article 6

1. Prostitution and trafficking in women

169. Under Greek legislation, prostitution itself is not a punishable act. The applicable laws that concern prostitution do not have a prohibiting character but rather regulate the conditions for practising it.

170. Law 1193/1981 providing for protection from venereal diseases and regulation of pertinent matters includes a series of relevant provisions that determine the conditions for practising it. Among other things, it is stipulated that:

(a) Every woman who intends to prostitute herself for money should be over 21 years of age and should submit a statement to the police authorities;

(b) Women who have been characterized as prostitutes for money are obliged to undergo a medical examination twice a week at the local health services of the prefectures;

(c) The operation of houses for the practice of professional collective prostitution is prohibited under any form, name or title;

(d) Furthermore, the same law regulates matters of establishment of prostitutes for money and stipulates that the violation of the obligations of this law is punished by imprisonment of three months.

171. The Penal Law on the elimination of the exploitation of women, irrespective of them being minor or of age, includes a series of provisions, in particular a chapter on crimes against sexual freedom and crimes of economic exploitation of sexual life. These provisions stipulate imprisonment sentences and fines. Under these provisions the following are punished:

(a) The facilitation of promiscuity of others, article 348;

(b) Pimping, article 349;

(c) The exploitation of prostitutes, article 350;

(d) Body trafficking, article 351.

172. There is no central service to follow up on prostitution throughout Greece and, therefore, there is no valid statistical information.

173. In 1989 and 1990, the Athens courts imposed sentences for several related offences as follows:

(a) 1989:

(i) Violations of law 1192/81. Total cases: 927. Sentences were imposed on 111 men and 1,186 women;

(ii) Pimping, article 349. Total cases: five involving two men and six women;

(iii) Exploitation (body trafficking) articles 350 and 351. Total cases:  2;

(iv) Facilitation of promiscuity, article 348. Total cases: six involving four men and five women;

(v) Extortion, article 365. Total cases: 2 men.

(b) 1990:

(i) Violations of law 1192/81. Total cases: 861 involving 124 men and 1,095 women;

(ii) Pimping. Total cases: 1, involving 2 women;

(iii) Body trafficking, articles 350 and 351. Total cases: 4, involving 4 men;

(iv) Facilitation of promiscuity, article 348. Total cases: 5, involving 2 men and 10 women.

174. According to data collected by the Uncommitted Women's Movement, the main subjects of trafficking in Greece are women from Ethiopia, Eritrea, Sri Lanka, Thailand, the Philippines, Dominican Republic, Romania, Poland and recently, Albania.

175. There are agencies that import women from abroad under the pretext of promoting artists, which does not enable the police force to intervene. The sojourn permits of these women are valid for one to six months. The women work mainly in bars and hotels.

176. This data establishes that:

(a) There are approximately 15,000 women from the Philippines in Greece, 20 per cent of them being full or part-time prostitutes. Most of them work as domestic aids but add to their income by prostitution in the afternoon;

(b) There are approximately 1,200 women from Ethiopia, with tourist visas. When their sojourn permits expire, they stay illegally with the aim of immigrating to the United States of America and Canada. They work as domestic aids. About 10 per cent of the women work as prostitutes in bars at Thessaloniki, Piraeus and the suburbs of Athens, close to the United States military bases;

(c) Of the women from Sri Lanka only 5 per cent are prostitutes; the others mainly work as domestic aids;

(d) The majority of women from Thailand and the Dominican Republic are prostitutes. Recently, there has been an increase in the trafficking and prostitution of women from countries of Eastern Europe, mainly Romania, Poland and Albania.

 

2. Violence against women

177. The issue of violence against women, as a form of social control, was addressed in Greece by the autonomous women's movement in 1978. It mainly focused on but was not limited to sexual violence. It also dealt with other forms of violence against women.

178. Violence against women includes the following forms: abuse, sexual harassment, rape and assault.

179. No scientific research has been systematically carried out in Greece on any sector or form of violence against women. Apart from some individual research, the lack and/or unsuitability of the data from bodies to which women that have been subjected to violence in and out of the family address themselves create difficulties in establishing the extent, nature, seriousness and consequences of this phenomenon in Greece.

180. Despite the fact that there is little research data concerning the phenomenon of violence against women, there is agreement on the fact that the extent, seriousness and consequences of the phenomenon are far greater and more severe than those shown by the data.

181. Violence against women is not a marginal phenomenon, nor the sad privilege of the lower social and economic strata. Although the State services are the main refuge of women from lower and/or medium social and economic strata because they have limited financial means, the data from non-State bodies and anonymous questionnaires [of independent surveys] or anonymous telephone calls to special services such as centres for abused women, show that the phenomenon also affects to a large extent women in the higher social and economic strata and is not systematically related to the general educational level of perpetrators and victims.

Harassment in the workplace

182. The undesirable sexual behaviour or any other behaviour based on differences in sex which prejudices the dignity of women and men at work is opposed to the principle of equal treatment in the meaning of law 1414/84 concerning the application of the principle of equal treatment of men and women regarding their access to employment, vocational training and promotion as well as working conditions.

183. There are data on sexual harassment at the workplace from a survey carried out by the Association for the Rights of Women, through questionnaires distributed in cooperation with trade unions to men and women who live and work in Athens and its environs. The sample included 1,015 women and 527 men, most of them young (over half of them were born after 1955 and have been working for less than 10 years) who had an average and higher educational level; 60 per cent of the women had been subjected to sexual harassment while 74.2 per cent of the men and 79.1 per cent of the women had known specific cases where working women had been subjected to sexual harassment at work. The results confirmed that it is not a sporadic phenomenon, since the victims of sexual harassment are mainly working women with vulnerable social and working characteristics (young, widowed or divorced women, of lower educational level and of a low hierarchical position).

184. The distribution of sexes in the workplace has a significant effect: there is a higher percentage of sexual harassment at places where one sex outnumbers the other, mainly when men outnumber women. Mostly hierarchically superior men sexually harass working women. The percentages decreased by half for harassment by hierarchically equal positions and clients, while percentages of harassment by hierarchically lower men are low. The majority of men and women questioned think that the most substantial reaction is decisive refutation. However, the consequences of such a refutation to the career of the working woman are well known.

185. None of the equality offices of the ministries have received complaints, while cases reported to the General Secretariat for Equality with requests that specific measures be taken are very few.

Legal and judicial approach

186. Violence against women, as a social phenomenon, is the subject of regulation by the rules of law. However, the specific provisions refer mainly to crimes against life and the integrity of the individual in general, crimes against the personal freedom, honour and personality of the individual and crimes against sexual freedom.

187. In the framework of these general rules, there are some dispersed specializations dealing with issues of violence against women.

188. Violence exercised against women is manifested in many forms of behaviour that prejudices either their physical or mental well-being.

189. Legislatively, the following forms of violence were dealt with under the general provisions of the Civil and Penal Code as well as by other special laws (Labour Law, etc.):

(a) Physical injury (Penal Code, chap. 16, arts. 308, simple physical injury; 308 A, unprovoked physical injury; 309, dangerous physical injury; 310, severe physical injury; 311, deadly damage; 314, physical injury by negligence; and 315, indictment);

(b) Crimes against sexual freedom and crimes of economic exploitation of sexual life (Penal Code, chap. 18, arts. 336, rape; 337, insult to sexual dignity; 338, abuse to assault; 343, assault by abuse of power; and 344, indictment);

(c) Crimes against honour (Penal Code, chap. 21, arts. 361, vilification; 361 A, unprovoked vilification in practice; and 368, indictment);

(d) Insult to personality, (Civil Code, arts. 57, right to personality; 59, satisfaction of moral prejudice; and 932, satisfaction of moral prejudice in case of malfeasance).

190. The provisions on rape have been reformed by law 1419/1984. They used to be included in the chapter protecting social ethics and morals entitled "crimes against morals", while they now belong to the chapter that protects crimes against sexual freedom and crimes against the economic exploitation of sexual life.

191. Rape, which used to be defined as the coercion of a woman to illegitimate intercourse by physical violence or threat of a severe and immediate danger, has now been merged with coercion to assault and is defined as: coercion of another person to illegitimate intercourse or attempt at assaulting action by physical violence or threat of a severe and immediate danger. If there is more than one perpetrator, the action is considered as a more serious crime. The insult of sexual dignity by assaulting actions is now considered a special crime. If the insult is against a child under 12 years of age, it is punished more severely.

192. Rape in marriage does not constitute a separate crime. It may, however, be based on the coercion of another person or on the attempt of an assaulting action by physical violence or threat of a severe and immediate danger; there is no relevant case-law in the courts to this day.

193. Physical injuries and insults to the personality that a woman may be subject to within the marriage are regulated by the aforesaid general provisions of the Criminal Law.

194. The same is applied in cases of psychological violence, where there is no separate offence but any related form of violence constitutes an insult to the personality of the individual and is regulated by the general provisions of the Civil and Penal Code.

195. Particularly for the offence of harassment in the workplace or any other place, Greek legislation provides protection to women with general provisions dispersed in the Civil or Penal Code or in more specific laws. In particular:

(a) If the employer insults the personality of the employee by an action and this action is illegal or constitutes abusive exercise of the managerial right, then the employee may request that the employer be sentenced to pay a pecuniary fine due to moral prejudice (arts. 281, 57, 59, 914 and 932 of the Civil Code) as well as the lifting of the insult and its omission in the future;

(b) If the behaviour of the employer is such that it forces the woman to resign (indirect sex discrimination), then the woman, having proved this coercion, is entitled to demand salary until the employer terminates the work contract and pays the corresponding compensation (arts. 656 et seq. of the Civil Code);

(c) If the specific action to which the woman is subject is characterized by law as a criminal offence, then it is threatened with penalties as provided by law for each action.

196. Thus, the Penal Code describes several offences, such as:

(a) If a civil servant makes an assault against a person being a dependant in service, thus abusing this relationship, then the civil servant is punished by imprisonment of at least one year (art. 343 of the Civil Code). There is no respective provision for the private sector;

(b) Any person who, with assaulting gestures, suggestions or actions, severely insults the dignity of another person in the field of their sexual life is punished by imprisonment of up to one year or a fine (art. 337 of the Civil Code, which was amended by law 1419/84);

(c) The action may constitute the office of vilification by words or actions or other offences such as threat, extortion, exercise of physical or psychological violence, which are legislatively covered by articles 361, 361 A, 330 and 385 of the Civil Code.

197. The practical difficulty in the prosecution of the perpetrator for the aforesaid offences lies in the fact that most of them are prosecuted by indictment, i.e., the woman should press charges. This difficulty has been lifted only in case of rape by law 1419/84, where the prosecution is undertaken by the public prosecutor as soon as notice is received by any person concerning the offence.

 

 

 

Judicial approach

198. In Greece, official statistics of the Ministry of Justice establish that:

(a) In 1986, 12 people were convicted for the crime of rape and a sentence of provisional incarceration (namely imprisonment for more than 5 years) was imposed in 3 cases only; 7 were convicted for the crime of coercion to assault; and 3 for the crime of abuse to assault;

(b) In 1987, 10 people were convicted for the crime of rape and a sentence of provisional incarceration was imposed in 3 cases only; and 1 was convicted for the crime of coercion to assault and 1 for the crime of abuse to assault;

(c) In 1988, 30 people were sentenced for the crime of rape and a sentence of provisional incarceration was imposed in 4 cases only; and 1 was convicted for the crime of coercion to assault and 3 for the crime of abuse to assault.

199. Recent data for 1992 establish that:

(a) For the crime of rape, 48 were convicted in the area of the capital and 48 in the rest of the country;

(b) For the crime of coercion to assault, 5 were convicted in the region of the capital and 5 in the rest of the country;

(c) For the crime of abuse to assault, 2 were convicted in the region of the capital and 2 in the rest of the country.

200. The analysis of the aforesaid data establishes that:

(a) The sentences imposed by the courts are lower than those provided by law. The sentence of incarceration is imposed in very few cases;

(b) The number convicted for crimes of sexual freedom is very small.

201. These reasons discourage women from referring to the courts. Other reasons include long penal procedure, difficulty in finding witnesses, the problem of proving the claims, which is their responsibility, the suspicion with which they are dealt with in the investigations (e.g., forensic medicine reports refer to the previous sexual life of the woman and whether or not she was a virgin, etc.).

202. Furthermore, another important factor in the interpretation of laws and the formulation of the case-law by the courts is the mentality of the judges, since it is thought that they are not independent of social prejudice and prevailing morals.

203. Particularly concerning the issue of harassment, it is clear from the case-law of the courts that the general provisions of law which cover the issue of harassment of women in the workplace do not solve the problem. This is because there are no court orders on such cases. Women refer to courts for other reasons (e.g., no promotion, dismissal, etc.) that may conceal sexual harassment and this represents a low percentage.

204. However, the procedures before the Court, often with the presence of an audience, the problem of proving the claims, which are the responsibility of the women and the difficulty in finding women (harassment is often effected without the presence of witnesses) seriously inhibit referrals to the courts. Furthermore, fears of dismissal, consequences for careers, social prejudices concerning the position of the woman in the labour market and the workplaces and the announcement of the problem to the family and friends are some additional reasons that inhibit women in pressing charges. It should be noted that no sexual harassment case has ever been reported to the equality office of any ministry.

Role of the police

205. According to the official data of the Ministry of Public Order and the statistics of the police precincts throughout the country for 1989 and 1990 that concern only lawsuits that end up in court, only a small number of women victims of violence (0.06 per cent) go to the police and the vast majority of them concern abuse by the husband mainly and the lover secondly. The number of abused women that complain to the police but do not press charges is significantly larger, but these complaints are not recorded. Non-publicized data of the Centre for Abused Women of the General Secretariat for Equality established that 24 per cent of the women had gone to the police for help but only one woman reported having been substantially assisted.

206. The attitude of the police towards abused women ranges from indifferent to negative. In general, the police consider that their mandate does not include such cases, although it rarely refers women to specialized services such as the Centre for Abused Women, even though the General Secretariat for Equality organized informative seminars for police officers in 1987. When they show some interest, they usually call the husband for advice and try to patch things up by referring to the effects on the children if they divorce. They do not inform women of their rights and discourage them from pressing charges. They never arrest the husband on the spot so that the lawsuit can be heard immediately.

207. In small towns and villages, the police take less action against the man because of personal acquaintance with the perpetrator.

208. The attitude of the police towards women victims of sexual violence is one of the reasons that dissuades women from going to the police in such cases. According to data from the survey on violations of sexual freedom of women, only 8.9 per cent of the cases of rape or attempted rape were referred to the police. In general, women victims of sexual violence are handled with suspicion and mockery; women's organizations and groups claim that women are subject to "a second rape" beginning with the police and continuing during investigation, etc.

209. The police can intervene in cases of abuse of women only when the women press charges. The perpetrator can be prosecuted ex officio only in cases of rape.

Services for providing assistance to women victims of violence

210. There is substantial lack of special services to which women victims of violence may address themselves. At the state level, by initiative of the General Secretariat for Equality, there has been a reception office for abused women since October 1988. Furthermore, in co