Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the adoption of Act No. 3488/2006 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. The Committee notes that the Act prohibits any form of direct and indirect discrimination on the basis of sex, including marital status, in employment and occupation. The Act also defines and prohibits sexual harassment. The Greek Ombudsperson, who is charged with monitoring the application of the Act in the private and public sector, received 11 complaints in 2006. As regards application in the private sector, the Act provides for cooperation between the Ombudsperson and the Labour Inspectorate. The Committee requests the Government to provide information on the implementation of Act No. 3488/2006 in practice, including indications as to the number, nature and outcome of the cases decided by the Ombudsperson and the courts, as well as more detailed information on the cooperation between the Ombudsperson and the Labour Inspectorate. In addition, the Committee requests the Government to consider publicizing the new legislation widely and to indicate any measures taken to this end.

Articles 2 and 3. Measures to promote and ensure gender equality in employment and occupation. The Committee notes from data for the first quarter of 2008 published by the General Secretariat for Equality that the women’s employment rate is considerably lower than men’s (47.9 per cent compared to 74.6 per cent for men), while the women’s unemployment rate is more than double that of men (12.4 per cent as compared to 5.6 per cent for men). According to ILO data for 2006, only 26.5 per cent of the people in the occupational category of “legislators, senior officials and managers” were women. Some 12 per cent of the total of employed men held positions in this occupational category, compared to a rate of 7 per cent among women. The statistical information provided by the Government concerning the participation of men and women in public employment, indicates that women remain under-represented in public service and among employees of local self-government authorities. The Committee requests the Government to provide detailed information on the position of men and women in private and public sector employment, as well as on the measures taken to ensure and promote gender equality in the labour market, and the results achieved by such action. In this regard, please continue to provide information on the specific measures taken to address vertical and horizontal occupational segregation based on sex, and the results secured by such action.

Articles 1, 2 and 3(d). Access of women to employment in the police. The Committee recalls its previous comments concerning Presidential Decree No. 90 of 7 April 2003, which sets out height and athletic requirements for admission to the police academy. The Committee noted that while these requirements apply equally to men and women candidates, they may amount to indirect discrimination based on sex. In this regard, the Committee asked the Government to provide information on the impact of the said requirements on the number of women candidates accepted to the police academy. The Committee notes that the Government has not provided the information requested. It is nevertheless aware that according to a Diversity Audit of the Greek Police, carried out in 2004 in the context of the European Community action programme to combat discrimination, the number of women accepted in the police academy reportedly fell from 174 in 2002 to 129 in 2003.

In its report, the Government maintains that the requirements established by Decree No. 90 were necessary to ensure that police staff could perform their duties successfully. However, the report also states that the said requirements have been challenged in the Athens Administrative Court of Appeals. In six cases, the Court found that the common height requirement was incompatible with the constitutional principle of equality because it unjustifiably equates men and women candidates, despite anatomical differences between them. Appeals lodged by the Minister of Public Order regarding these cases were pending before the State Legal Council. Expressing concern that Decree No. 90 of 2003 appears to have the effect of impairing women’s equality of opportunity and treatment in respect to admission to the police academy and, subsequently to employment in the police service, the Committee requests the Government to provide further information substantiating its view that the uniform height and athletic requirements for men and women set by the Decree are necessary to ensure the functioning of the police service. In this regard, the Committee requests the Government to indicate whether any scientific studies have been carried out on this matter. In addition, the Committee requests the Government to provide information on the outcome of the proceedings before the State Legal Council concerning the constitutionality of Decree No. 90.

The Committee is raising other points in a request addressed directly to the Government.