A/HRC/44/51/Add.1
B.
Constitutional, legal and policy framework
8.
Greece has strong constitutional guarantees for equality between men and women
and the right to equal pay for work of equal value. Under articles 4 and 116 of the
Constitution of Greece, the State is required to undertake positive measures to promote
gender equality, including through affirmative action measures. 11 Marriage, family,
motherhood and childhood are explicitly protected under the Constitution.
9.
Furthermore, a legislative framework on equal treatment, covering a range of areas,
has been established, aimed at implementing European Union directives. The Working
Group welcomes the adoption on 26 March 2019 of Law No. 4604/2019 on promoting
substantive gender equality and preventing and combating gender-based violence. 12 The
Working Group also welcomes the comprehensive legal framework on substantive gender
equality, which goes beyond the concept of equal treatment to focus on equality of
outcomes across all spheres of women’s lives. The framework is focused on multiple and
intersecting forms of discrimination, including on the grounds of sexual orientation and
gender identity. Addressing gender-based violence and mainstreaming a gender perspective
across the public administration through the establishment of equality bodies at the regional
and local levels are integral parts of Law No. 4604/2019. Importantly, the law also includes
provisions on combating gender stereotypes in the education system and in the media.
There is also a provision for a quota of 40 per cent women candidates standing for election
to be put forth from each political party, an increase from the current quota of 33 per cent.
10.
The adoption of Law No. 4198/2013 on preventing and combating trafficking in
persons and protecting its victims is a welcome development. Law No. 3896/2010
concerning equality of opportunity and treatment prohibits gender discrimination in
employment, covering issues such as equal pay, equal treatment with regard to social
security and equal access to employment and opportunities for professional development
among men and women.
11.
The Working Group welcomes the adoption of numerous policies aimed at
promoting women’s rights and gender equality, such as the national action plan on gender
equality, 2016–2020,13 prepared by the General Secretariat for Gender Equality.
12.
Although a comprehensive legal framework for the protection and promotion of
women’s human rights is in place, implementation is lagging behind. That was pointed out
by many interlocutors throughout the visit, with one commenting that: “Our legislative
framework is good, but when it comes to the application of the law, we face serious
challenges due to the obstacles of the old mindset and the old practices.”
13.
The lack of available data or a strong monitoring capacity by independent entities
are also key challenges that impede progress. The Working Group echoes the concerns of
the Committee on the Elimination of Discrimination against Women and its call upon
Greece to enhance the collection, analysis and dissemination of comprehensive data,
disaggregated by sex, age, race, ethnicity, urban or rural location and socioeconomic
background, and the use of measurable indicators to assess trends in the situation of women
and progress towards the realization of substantive equality for women in all areas covered
by the Convention on the Elimination of All Forms of Discrimination against Women. 14
11
12
13
14
Constitution of Greece. Available at www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db9148-f24dce6a27c8/001-156%20aggliko.pdf.
Law No. 4604/2019 on promoting substantive gender equality and preventing and combating genderbased violence. Available at www.isotita.gr/en/law-4604-2019-substantive-gender-equalitypreventing-combating-gender-based-violence/.
Ministry of the Interior, General Secretariat for Gender Equality, national action plan on gender
equality, 2016–2021. Available at www.isotita.gr/wp-content/uploads/2018/02/National-Action-Planfor-Gender-Equality-2016-2020.pdf.
See also Committee on the Elimination of Discrimination against Women, general recommendation
No. 9 (1989) on statistical data concerning the situation of women. The lack of statistical data on the
enjoyment of the rights encapsulated in the International Convention on the Elimination of All Forms
of Racial Discrimination was highlighted by the Committee on the Elimination of Racial
Discrimination in its concluding observations on the combined twentieth through twenty-second
periodic reports of Greece (CERD/C/GRC/CO/20-22, para. 8).
5
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