The definition of discrimination

• Author: Theodoridis, Athanasios
• Pages: 15-27

15

2 THE DEFINITION OF DISCRIMINATION

2.1 Grounds of unlawful discrimination explicitly covered

The provisions of Equal Treatment Law 4443/2016 introduce the following grounds of

discrimination: racial or ethnic origin, descent, colour, religious or other beliefs, disability

or chronic illness, age, family or social status, sexual orientation, and ge nder identity or

characteristics. ΡGenderΣ is not covered by δaw 4443/2016, however gender equality is

ensured through other legislation.36

2.1.1 Definition of the grounds of unlawful discrimination within the directives

Certain definitions which were not provided in the previous anti-discrimination law, Law

3304/2005, have now been added through Equal Treatment Law 4443/2016. Equal

Treatment Law 4443/2016 does not itself contain any other definitions on the specific

grounds of discrimination in its text. Some terms are, however, clarified by the Explanatory

Report37 (k ij), which was submitted with draft Equal Treatment Law

4443/2016. The terms that are provided with a definition under the Greek legal system

are set out below.38

a) Racial or ethnic origin

There is a legal definition of Ρracial discriminationΣ in the Greek legal system. According to

Article 1(1) of Legislative Decree 474/1970,39 which ratified the International Convention

on the Elimination of All Forms of Discrimination (ICERD), Ρracial discrimination means any

distinction, exclusion, restriction or preference based on race, colour, descent, or national

or ethnic origin which ha s the purpose or effect of nullifying or impairing the recognition,

enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in

the political, economic, social, cultural or any other field of public life.Σ

Apart from this, there is no other separate legal definition of ΡraceΣ or Ρracial discriminationΣ

at national level.

There is no separate legal definition of Ρethnic originΣ in the Greek legal system. There is

no distinction between discrimination based on ΡraceΣ and disc rimination based on Ρethnic

originΣ (see above definition included in Decree 474/1970).

36 Mainly through Laws 4097/2012, 3896/2010 and 3769/2009.

37 Explanatory Report for the Draft Law on the transposition of Directive 43/2000/EC on the application of the

principle of equal treatment irrespective of race and ethnic origin, and the transposition of Directive

78/2000/EC on the configuration of the general framework of equal treatment in employment and work and

Directive 54/2014/EU on measures facilitating the exercise of rights conferred on workers in the context of

freedom of movement for workers and other provisions. Explanatory Report on the Equal Treatment Law,

available in Greek on the Greek Parliament website at: http://www.parliament.gr/UserFiles/2f026f42-950c-

4efc-b950-340c4fb76a24/e-odew-eis.pdf.

38 Law 4443/2016 also contains the following grounds, which are not mentioned in the Directive:

a) Ρfamily statusΣ was added in order to ensure the equal treatment of people who have entered into a civil

union agreement, including same-sex couples only when they have entered such agreements, within the

employment field. This is in accordance with Law 4356/2015, which introduced same-sex civil union

agreements; and b) Social status, which refers to the Ρsocial stigmatisationΣ of a person due to his/her link

to a certain social sub-group such as former drug addicts or former detainees/prisoners. The Explanatory

Report on Equal Treatment Law 4443/2016 states that other types of group are also included, given that

they constitute specific social sub-groups consisting of a group of people who are linked by a common

characteristic, which is often inherent, unaltered or fundamental to the identity, conscience or exercise of

rights of the groupΣs members.

39 Legislative Decree 474/1970 on the ratification of International Convention on the Elimination of All Forms

of Discrimination (OJ 77 A/21.03.1970).