Thematic feature - implementation of the EU framework equal treatment Directive

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This article examines the Greek situation, as of August 2003, with regard to the implementation and impact of the 2000 EU Directive establishing a general framework for equal treatment in employment and occupation, which seeks to combat discrimination on the grounds of religion or belief, disability, age and sexual orientation.

The EU Directive establishing a general framework for equal treatment in employment and occupation (Directive 2000/78/EC) was adopted in November 2000 (EU0102295F). The Directive seeks to lay down a general framework for combating discrimination, as regards employment and occupation, on the grounds of: religion or belief; disability; age; and sexual orientation. It is to be implemented by the EU Member States by 2 December 2003 (with a possible later deadline for the provisions on age and disability discrimination, if Member States see this as necessary).

A Community Action Programme to combat discrimination 2001-6 was also adopted in November 2000 (EU9912218F). It supports activities combating discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. Its priorities are: analysis and evaluation, developing the capacity to combat and prevent discrimination, and raising awareness.

In August 2003, the EIRO national centres in each EU Member State (plus Norway), were asked, in response to a questionnaire, to assess how the framework equal treatment Directive is being implemented in each country, and the responses of the state and social partners. The Greek responses are set out below (along with the questions asked).

Existing situation

What was the legislative situation and the policy position of the state as at December 2000 (ie when the Directive was adopted) concerning employment discrimination in the areas of: age; disability; religion or belief; and sexual orientation?

At the time of the framework Directive's adoption, Greece had no specific legislation outlawing discrimination on the grounds covered by the Directive, and this is still the case. However, Article 5.2 of the Greek Constitution states that: 'All persons within the Greek state enjoy full protection of their life, honour, and freedom, irrespective of nationality, race, creed, or political allegiance.' Furthermore, Article 4.1 states that 'All Greeks are equal before the law.' Criminal law prohibits acts or activities involving discrimination on grounds of racial or ethnic origin and religion or belief.

State response

How has the state responded to the Directive since December 2000 in terms of:

• legislation concerning discrimination and draft legislation on the grounds of age, disability, religion or belief and sexual orientation (please specify details of title, date and main provisions and exclusions). With respect to age and disability, please specify if the state has opted to take the option of extending the deadline for implementation of the Directive and, if so, on what grounds;

• broader policy response, consistent with the Action Programme, for example: support for anti-discrimination activities; analysis of the extent and nature of the discrimination; arrangements for monitoring and enforcement; positive action; information and dissemination activities; and promotion of social dialogue and anti-discrimination collective agreements.

According to the Social Protection Department at the Ministry of Labour and Social Security, a unified text has been drafted for a law regarding harmonisation of national law with both the framework equal treatment Directive and Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (EU0006256F). However, there is some vagueness surrounding the whole procedure, since initially the legislative commission of the Council of State had drawn up and submitted separate draft Presidential Decrees for each of these Directives. According to the Ministry of Labour and Social Security, both draft Presidential Decrees have now been withdrawn and replaced with a unified text for a law, which has been submitted to the Ministry of Justice so that it can be elaborated and taken to the stage of implementation and enforcement. The deadline for the transposition of the race Directive into national law has already passed - Greece thus runs the risk of sanctions from the EU - while the December 2003 deadline for implementation of the framework Directive may also be missed, in view of the course taken by the legislative procedure to date.

Apart from the legislative moves to transpose the framework Directive, no interventions of a non-legislative nature aimed at promoting equal treatment in employment and occupation on the grounds covered have been noted to date. Greek society does not appear to have devoted much attention to the areas of discrimination covered by the Directive, in particular on grounds of age (TN0010201S) and sexual orientation, nor have they been the subjects of significant public dialogue at any level.

Within the Ministry of Labour and Social Security, discrimination-related issues came under the competency of the Employment Directorate of the General Labour Directorate until a few months ago, when a Directorate for Social Protection was set up. In collaboration with the Equal Treatment Agency, this directorate is in future expected to draft and implement an integrated package of specialised measures and actions in the anti-discrimination field.

Social partner response

What have been the views and policy response of the social partners to (a) the Directive and (b) its transposition into national law? How has social dialogue proceeded on the issues covered by the Directive? Have there been any collective agreements on the issues covered by the Directive since December 2000 in terms of age, disability, religion or belief, or sexual orientation (please give examples, including reasons and bases for introduction)?

The social partners drew up and submitted general positions on the draft Presidential Decree regarding transposition of the framework Directive and race Directive into domestic law. However, since the draft Decrees have been withdrawn (see above), these positions are probably not up to date. It should be noted that only the Greek General Confederation of Labour (GSEE) submitted positions on the framework Directive - on the employers’ side, the Federation of Greek Industries (SEV) took a general position only in relation to the race Directive.

No collective agreements are reported since December 2000 on the issues covered by the framework Directive. However, the social partners have in the past included special provisions on equal treatment in the framework of their intersectoral National General Collective Agreements (EGSSEs). Although not directly related to this specific Directive, these initiatives are considered to play a subsidiary role by establishing a general framework for promoting equal treatment at work without discrimination. The most important are the following:

• Article 17 of the 2000-1 EGSSE (GR0006175N) on 'protection of personality' states that the contracting employers' organisations stress to their members the obligations for companies emanating from the legislative framework with regard to the protection of individuals in relation to issues of 'personality', aimed at protecting workers’ personality;

• Article 22 of the 2000-1 EGSSE on 'respect for workers’ ethnic, religious and cultural particularities' states that the contracting parties agree that all possible efforts should be made to achieve respect in practice for the racial, ethnic, religious or cultural particularities of all workers and facilitate their adaptation to the work environment;

• Article 10 of the 1998-9 EGSSE (GR9805171N) on 'racism/xenophobia' states that the contracting parties recognise the necessity of cultivating a spirit of humanity, sensitivity and solidarity on matters related to ethnic and racial discrimination. They also signal the need to create and implement policies ensuring that such discrimination is avoided and that cultural and religious differences are respected; and

• Article 14 of the 1996-7 EGSSE (GR9702104N) on 'racism and xenophobia' notes that the European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe (UNICE) and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) are concerned about the phenomena of racial discrimination and xenophobia in the EU, which are a serious threat to the stability of society and to the normal functioning of the economy, and have thus signed a joint declaration on the matter (TN9706201S). The parties to the EGSSE state that they have adopted this joint declaration and recognise the need to draw up and implement policies for equal opportunities and equal treatment in issues concerning recruitment, selection and job placement, as well as education and training.

Impact

What has been the impact of any initiatives in your country in the areas covered by the Directive? Are there monitoring arrangements in place, and if so, what experiences do they report in response to the Directive?

Since the transposition process is not complete, it is not known to what extent the Directive will have an impact in practice. As noted above, the discrimination issues covered by the Directive have so far received relatively little attention in Greece, and there have been very few initiatives of any kind in this area. (Eva Soumeli, INE/GSEE-ADEDY)