Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information in the Government’s report and in reply to paragraph 9 in its previous direct request.

1. Discrimination based on sex. Further to its previous comments concerning the number of women in high-level posts in the national and regional public service, the Committee notes that the statistics provided by the Government for the years 1997-99 indicate a significant decrease of the total number of women heads of sections in ministries (from 38.4 per cent in 1997 to 28 per cent in 1999); this trend was even more significant in the regions where the percentage of women heads of sections decreased from 26.6 per cent in 1997 to 5.6 per cent in 1999. The Committee encourages the Government to continue to provide statistical data on the employment of men and women in the public service and requests the Government to indicate any measures taken or envisaged to remedy this trend in the public service.

2. The Committee notes the various activities undertaken and progress made in the context of the employment of women. It also notes in particular that subprogramme 4 of the new initiative "EQUAL" includes: measures to reconcile family and professional life; skills upgrading for women who have been absent from the labour market; special action programmes to suppress stereotypes about gender roles, to promote women at the management level and measures to find job opportunities for women in new economic sectors. While recognizing the importance of these initiatives, the Committee must point out that the Government’s report does not provide any specific information on how these efforts have positively impacted on the very marked division between sectors of employment which are traditionally considered to be male and those considered to be female. It therefore hopes that the Government will provide such information, including statistics, in its next report. The Committee would also be grateful if the Government could provide information on how the activities of the regional equality commissions established as a result of the "OLYMPIAS programme" have impacted on the labour market position of women in the regions concerned.

3. The Committee also notes the various actions contemplated under the comprehensive National Action Programme on Equality of the Interministerial Commission on Gender Equality in 2000, especially those related positive measures with respect to equality of opportunity in small and large enterprises; training and sensitization of labour inspectors; and legislative regulation where conformity with EU directives is required (including sexual harassment). It requests the Government to provide information on the impact of these actions on the promotion of equality between men and women in employment and occupation.

4. Sexual harassment. The Committee notes the information provided by the Government that the provisions of the National General Collective Labour Agreements of 1993 and 2000-01 allow for protection against sexual harassment in the workplace. The Government also indicates that since 11 June 2001 a political agreement exists with respect to the draft Directive proposed by the European Parliament and the European Council, modifying European Council Directive 76/207/CEE, which defines sexual harassment as a discriminatory treatment based on sex, and with which national legislation has to be harmonized within the set delay. The Committee would be grateful if the Government would keep it informed of any legislative developments as well as any other measures taken or envisaged to combat sexual harassment in the workplace. It also requests the Government to indicate whether it has taken any steps to encourage the social partners, in the light of the draft Directive, to include more specific anti-sexual harassment provisions in national collective agreements. Please refer to the general observation under Convention No. 111.

5. The Committee notes the information provided in the Government’s report with respect to the complaints examined by the Office of the Ombudsman concerning alleged sex discrimination as well as the various activities undertaken by the National Human Rights Committee. However, since the information provided primarily concerns cases and activities related to discrimination based on sex, the Committee would be grateful if the Government could provide information on: (1) any activities undertaken by the National Human Rights Commission to combat discrimination on the basis of other grounds covered by the Convention such as race, national extraction and religion; and (2) any complaints received by the Ombudsman or judicial decisions that throw light on the application of the national policy to promote equality in employment and occupation irrespective of these particular grounds. In this context, the Committee also notes with interest that circular order 94345/14612 concerning the application of the Act No. 2910/2001 of 2 May 2001 on the entry and stay of foreigners on Greek territory - Acquisition of Greek nationality and other provisions provides for the punishment of acts of racism and xenophobia. The Committee would be grateful if the Government could keep it informed of any application of this circular with respect to cases of racial discrimination in the field of employment and occupation.

6. The Committee notes that subprogramme 1 of "EQUAL" aims to promote access to and re-entry for victims of discrimination into the labour market and to combat racism and xenophobia in the labour market. It also notes that the Government indicates that in order to address possible problems for admission of Roma children in schools, circular orders have been sent to direction heads of primary education and other educational officers which offer incentives and recommendations to sensitize and inform and cultivate a spirit of collaboration with the local authorities and the parents of Roma and other children. The Committee further notes from the Government’s report that through the Community Initiation Programme "EMPLOYMENT" and the Operational Programme "Fighting Social Exclusion in the Labour Market", respectively 18 per cent and 54 per cent of the immigrants, refugees and repatriated people as well as people representing particular religious and cultural groups have been integrated in the labour market. Accordingly these programmes have been a means to sensitize and motivate the social partners to ensure equal opportunities in employment, independent of sex, religion, race and political belief. While encouraging the Government to continue such initiatives, the Committee is interested to know the reasons for the relatively low level of success of these programmes, especially the Community Initiation Programme "EMPLOYMENT", and to provide information on the measures taken or envisaged to increase the percentage of men and women belonging to these groups that have been integrated in the labour market. It would also be grateful if the Government could provide more details on the impact of the abovementioned initiatives on the level of awareness at the local level of the discrimination on the basis of race and national extraction, in particular discrimination against Roma, and on the specific actions undertaken by the social partners as a result of this increased awareness.

7. Further to its observation with respect to article 116 of the new Constitution, the Committee notes the Government’s statement in its report submitted to the Committee on the Elimination of All Forms of Racial Discrimination (CERD/C/363/Add.4/Rev.1, page 10) that the case law of the Council of State concerning positive measures to promote gender equality (Decisions 1817-1929/1998 and 1933/1998), is also relevant to acts considered discriminatory when they are based on race, colour, descent, national or ethnic origin. The Government indicates that in this case, positive measures taken with a view to achieving not only de jure but also de facto equality is fully consistent with paragraph 1 of article 4 of the Constitution. The Committee welcomes this statement and requests the Government to provide information on any affirmative action programmes taken with a view to achieving equality in employment and occupation with respect to the other grounds covered by Convention No. 111.

8. The Committee notes the Government has omitted to send copies of the collective agreements for the public service which have been adopted in application of Act No. 2738/1999, and requests the Government to include this information in its next report, as well as copies of collective agreements applicable to the private sector.