European Committee of Social Rights: Greece

2011

(January 2012, Conclusions 2011)

"The Committee notes from another source that Section 4 of Law 3500/2006 on Combating Domestic Violence (in force since 2007) states that physical violence against children as a disciplinary measure in the context of their upbringing brings the consequences of Article 1532 of the Civil Code, which addresses abuse of parental authority.

"According to the same source, the prohibition followed a finding in 2004 by the European Committee of Social Rights under the collective complaints procedure of the European Social Charter that Greece was in violation of Article 17 of the Charter because of the absence of an explicit prohibition in law of corporal punishment of children within the family, in secondary schools and in other institutions and forms of childcare. Following the decision of the European Committee of Social Rights legislation was introduced to explicitly prohibit corporal punishment in secondary schools (Section 21 of Law No. 3328/2005). Section 4 of Law 3500/2006 on Combating Intra-family Violence also applies in alternative care settings.

"Follow up to the Complaint No 17/2003- World Organisation against Torture (OMCT) v. Greece  

"As noted above, in its decision on the merits of 7 December 2004 of the Complaint No 17/2003 the Committee held that Greece violated Article 17 of the Charter as the Greek legislation did not prohibit all forms of corporal punishment on children within the family, in secondary schools and in other institutions and forms of care for children.

"In its previous conclusion the Committee took note of the measures announced by the Greek Government at the 924th meeting of the Ministers’ Deputies of the Council of Europe. As a follow up to these measures, the Committee notes from the report the entry into force of Law 3500/2006, which explicitly prohibits corporal punishment in the home as well as Law 3328/3005 which prohibits any kind of physical punishment of students. The Committee also takes note of various measures taken with a view to implementing this legislative framework.

"The Committee considers that with these legislative amendments the situation has been brought into conformity with the Charter on this point."

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2005

(July 2005, Conclusions XVII-2)

"The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition in legislation must be combined with adequate sanctions in penal or civil law.

"The Committee notes that by Presidential Degree 201/98 corporal punishment is prohibited in primary schools. However, the Committee notes from the information in the report that there is no prohibition in legislation of all corporal punishment of children, in the home, in secondary schools and in other institutions. The Committee therefore finds that the situation in Greece is not in conformity with Article 17 of the Charter.

"In this regard, the Committee refers to its decision on the merits in the World Organisation against Torture (‘OMCT’) v. Greece case (Collective Complaint No. 17/2003, decision on the merits, 7 December 2004) in which it found that Greece was in violation of Article 17 of the Charter since there was no prohibition in legislation of all forms of corporal punishment of children, within the family, in secondary schools and in other institutions and forms of care. The Committee takes note of the information provided by the Delegation of Greece at its 924th meeting (20 April 2005) of the Ministers’ Deputies. As regards the first ground of the violation, the Committee takes note of the establishment within the Ministry of Justice of a special drafting Commission charged with elaborating a draft law on the prohibition of all forms of corporal punishment within the family. As regards the second ground of the violation, it takes note of the adoption of Law No. 3328/2005 in which article 21 explicitly prohibits corporal punishment of students in secondary schools. As regards the third ground of the violation, it takes note of the Ministry of Health and Social Solidarity’s decision to proceed towards a harmonisation of the legislation in force in order to explicitly prohibit corporal punishment in all institutions and forms of care for children. The Committee asks for the next report to supply all information on the measures announced with regard to the prohibition of corporal punishment within the family and in all institutions and forms of care for children in order to make a full assessment of the situation for the next reference period.

"The Committee concludes that the situation in Greece is not in conformity with Article 17 of the Charter on the ground that there is no prohibition in legislation of all corporal punishment of children:

- in the home,

- in secondary schools during the reference period, and

- in other institutions…."

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2001

(1 January 2001, Conclusions XV-2 vol. 1, pages 257-258)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

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