Out of the spotlight: The rights of foreigners and minorities are still a grey area
bound by the European Social Charter and the
ICESCR to respect the economic, social and
cultural rights of the Roma in its territory.
However, a number of treaties containing
detailed stipulations regarding the protection of
these rights are yet to be ratified. To date,
Greece has not signed:
• Protocol 4 to the European Convention
on Human Rights Securing Rights and
Freedoms Other than Those Already
Included in the Convention and the First
Protocol Thereto;
• the European Charter for Regional or
Minority Languages;
• the Council of Europe’s Convention on
Action Against Trafficking in Human
Beings.
It has signed, but not ratified:
• the Framework Convention for the
Protection of National Minorities;
• the Revised European Social Charter;
• Protocols 12 and 14 to the European
Convention on Human Rights;
• the Additional Protocol to the
Convention on Cybercrime Concerning
Criminalisation of Acts of a Racist and
Xenophobic Nature Committed Through
Computer Systems.
The situation created by these gaps in national
legislation on specific provisions protecting the
economic, social and cultural rights of
minority groups in Greece has an adverse
effect particularly on the Roma population.
These are furthermore compounded by the
authorities’ implementation of specific pieces
of national legislation in ways that violate the
fundamental human rights of this group. In
particular, a Ministerial Decree adopted in
1983 (known as the Sanitary Regulation)
concerning itinerant Roma, has been used by
the authorities in a number of instances against
itinerant and non-itinerant groups of Roma as a
way of bringing charges against individuals,
making them vulnerable to police arrest, and
thus forcing them to relocate to areas outside
Amnesty International 5 October 2005
47
the jurisdiction of those police departments. It
should be noted that in fact this regulation had
been amended in 2003 because it was
considered to be a discriminatory law. 91 In
relation to this representatives of the Greek
state explicitly admitted, in the course of the
proceedings before the European Committee of
Social Rights (see below), that “Regarding the
content of the sanitary provision and the
obligations attaching to it, the State has never
doubted the fact that certain parts of the
provision in question could operate after all as
a factor of social exclusion… For this reason,
it proceeded to the substantial modification of
the provision.” 92 The reports received by
Amnesty International in the last two years
suggest that despite this modification, this Law
continued to be applied by police authorities in
ways that violated the economic, social, and
cultural rights of the Roma.
Furthermore, Amnesty International has also
received reports of police and judicial
authorities having made racist remarks against
the Roma in the process of examination of
complaints filed by Romani individuals. These
reports, outlined below, evidence further the
need to review the legislative framework
currently in force with a view to introducing
new legislation that would guarantee the
economic, social and cultural rights of the
Roma in compliance with international law
and standards, as well as combating the biases
that might be held by representatives of state
institutions.
3.3 Applying, interpreting, and
enforcing International Law
91
European Committee of Social Rights, ERRC v.
Greece, decision of 8 June 2005. Observations of
the Hellenic Government on the substance of the
Collective Complaint 15/2003, Doc Ref. No. 70600,
Athens, 14 November 2003, at p. 3.
92
Ministry of Employment and Social Welfare
document to the Secretariat of the European Social
Charter, Ref. No. 70545, dated 5 November 2004,
page 30.
AI Index: EUR 25/016/2005
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