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Greece
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Penal Code which prohibits the slave trade at article 323.
Practices similar to slavery and servitude
There appears to be no legislation in place in Greece which prohibits institutions and practices similar to slavery.
Servitude
There appears to be no legislation in place in Greece which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Constitution which prohibits all forms of compulsory work at article 22(4).
Human trafficking
Provisions related to trafficking in persons are found in the Penal Code which criminalises trafficking for the purpose of sexual exploitation (article 351) and trafficking for the purpose of labour exploitation or the removal of organs (article 323A).
Forced marriage
There appears to be no legislation in Greece that addresses forced marriage.
Consent to marriage
Provisions requiring consent to marriage in Greece are found in the civil code , article 1350 of which states that for the conclusion of marriage the agreement of the future spouses is required. The relevant statements must be made in person and without condition or time limit. The future spouses must be at least eighteen years old. The court may, after hearing the couple and the persons exercising custody of the minor(s), authorize the marriage before the future spouse(s) reaching that age, if the marriage is imposed by good reason.
Servile marriage
There appears to be no legislation in Greece that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Greece that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Greece is 18, without differentiation by gender, as set out on Article 1350 of the Civil Code. However, marriages below this age are be permitted by the court in case of good reason, as set out on Article 1350 of the Civil Code. These exceptions are not differentiated by gender.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
AWAD REPORT
Paragraph 192
All acts contributing to the trade of slaves are prosecuted according to the Greek criminal legislation (article 323 of the Greek Penal Code).
CONSTITUTION OF GREECE 1975 (REV. 2008)
Article 5
1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages.
2. All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law.
The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited.
3. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides.
4. Individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, as specified by law.
5. All persons have the right to the protection of their health and of their genetic identity. Matters relating to the protection of every person against biomedical interventions shall be specified by law.
Article 7
2. Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity are prohibited and punished as provided by law.
Article 22
1. Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all citizens and shall pursue the moral and material advancement of the rural and urban working population.
All workers, irrespective of sex or other distinctions, shall be entitled to equal pay for work of equal value.
2. General working conditions shall be determined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration.
3. The matters relating to the conclusion of collective labour agreements by civil servants and the servants of local government agencies or of other public law legal persons, shall be specified by law.
4. Any form of compulsory work is prohibited.
Special laws shall determine the requisition of personal services in case of war or mobilization or to face defence needs of the country or urgent social emergencies resulting from disasters or liable to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs.
5. The State shall care for the social security of the working people, as specified by law.
Article 25
- The rights of the human being as an individual and as a member of the society and the principle of the welfare state rule of law are guaranteed by the State. All agents of the State shall be obliged to ensure the unhindered and effective exercise thereof. These rights also apply to the relations between individuals to which they are appropriate. Restrictions of any kind which, according to the Constitution, may be imposed upon these rights, should be provided either directly by the Constitution or by statute, should a reservation exist in the latter’s favour, and should respect the principle of proportionality.
- The recognition and protection of the fundamental and inalienable rights of man by the State aims at the achievement of social progress in freedom and justice.
- The abusive exercise of rights is not permitted.
4. The State has the right to claim of all citizens to fulfil the duty of social and national solidarity.
GREEK PENAL CODE (AS AMENDED BY LAW NO 4198 OF 2013)
Article 323 Slave trade
1. Whoever acted slave trade shall be punished with imprisonment.
2. The slave trade includes all acts of conception, acquisition and disposal of a person seeking to do slave each act slave acquisition for resale or exchange of the Act of the concession by sale or exchange actual slave and generally every act of trade or transport of slaves.
3. Whoever takes any service on a ship, knowing that the ship is intended to conduct slave trade or not already used for this purpose, and whoever remains voluntarily in service knowingly above destination of the ship or its use for such purpose, shall be punished with imprisonment of at least six months.
4. Anyone who contributed directly or indirectly to ship chartering aware that the charter is to undertake trade slaves shall be punished with imprisonment of at least six months.
5. Anyone who transfers from one place to other slaves, without purpose to market them, but without the transfer be made in order for their release, punishable by imprisonment.
6. The same penalty shall be imposed by the owner and the master of the ship, which knowingly would transfer such slaves.
Article 323A Human trafficking
1. Whoever by use of force, threat or other coercive means or the imposition or abuse of authority hires, transports, promotes inside or outside the territory, abets, delivers with or without consideration to another or receives from another person in order to remove “body” tissue cells or organs or to avail himself or other work or begging shall be punished with imprisonment up to ten years and a fine of 10000-50000 euro.
2. sentence of the preceding paragraph shall be punished if the perpetrator to achieve the same purpose, elicits the consent of using fraudulent means or drift, taking advantage of the vulnerability, promises, gifts, payments or other benefits.
3. Whoever knowingly accepts the person work, which is under the conditions described in paragraphs 1 and 2, or the proceeds from the begging of that person, shall be punished with imprisonment of at least six months.
4. imprisonment of at least ten years and a fine 50000-100000 euros punished the perpetrator under the preceding paragraphs if the operation:
a) against a minor or a person physically or mentally disabled,
b) committed kat` art,
c) committed by a staff member who in the performance of duty or by taking advantage of its status as such commits or participates in any way in practice or
d) has resulted in serious injury to the victim.
5. Anyone who uses the means of paragraphs 1 and 2 to recruit minors for the purpose of use in armed conflicts shall be punished with imprisonment of at least ten years and a fine 50000-100000 euros.
6. life imprisonment the perpetrator is punished under the preceding paragraphs if the act resulted in death.
Article 349 Pimping
- Whoever, to serve other debauchery, promotes or incites a minor to prostitution or pandering or forces or facilitates or participates in child prostitution shall be punished with imprisonment up to ten years and a fine of 10000-50000 euro.
- With imprisonment and a fine 50000-100000 euros punished the perpetrator, if the crime was committed:
- a) against a person younger than fifteen years,
- b) by fraudulent means,
- c) the anions relative by blood or marriage or adoptive parent, spouse, guardian or other person to whom the minor was entrusted for upbringing, teaching, supervision or custody, even temporarily,
- d) by an official who in the performance of the service or benefiting from its status as such commits or participates in any way in practice.
- e) the use of electronic media,
- f) to offer money or promise of payment or any other consideration.
3. Anyone kat` profession or speculation promotes women in prostitution is punishable by imprisonment of not less than eighteen months, and a fine. The commission of the act by an official who in the performance of the service or benefiting from its status as such commits or participates in any way in practice, constitutes an aggravating circumstance.
Article 351 Trafficking
- Whoever by use of force, threat or other coercive means or the imposition or abuse of authority hires, transports, promotes inside or outside the territory, abets, delivers with or without consideration to another or receives from another person in order to proceed himself or another to sexual exploitation is punishable with imprisonment up to ten years and a fine of 10000-50000 euro.
- sentence of the preceding paragraph shall be punished if the perpetrator to achieve the same purpose, elicits the consent of using fraudulent means or drift, taking advantage of the vulnerability of promises, gifts, payments or other benefits.
- Whoever knowingly performs lewd acts with a person who is under the conditions described in paragraphs 1 and 2 shall be punished with imprisonment of at least six months.
- imprisonment of at least ten years and a fine 50000-100000 euros punished the perpetrator under the preceding paragraphs if the operation:
- a) against a minor or connected with spiritual weakness or frivolity of the victim,
- b) committed by one of the persons referred to in subparagraph c of paragraph 2 of Article 349,
- c) linked to illegal entry, stay or exit of the victim from the country,
- d) performed kat` art,
- e) committed by a staff member who in the performance of the service or benefiting from its status as such commits or participates in any way in practice or
- f) resulted in serious injury to the victim.
- If any of the actions of the first and second paragraph resulted in the death of the victim imposed life imprisonment.
6. in the preceding paragraphs sexual exploitation is to run from speculation of any lewd act or the use of speculation body, voice or facial image for the real or feigned such an act, or perform work or services aimed at sexual stimulation.
LAW NO 3948/2011 ON THE ADAPTATION OF INTERNAL LAW TO THE PROVISIONS OF THE ICC STATUTE
Part a Provisions of substantive criminal law
- Special part
Article 8 Crimes against humanity
- Anyone who, in the context of a widespread or systematic attack directed against any
civilian population, which is directed or encouraged by a state or an organization which exercises de facto authority in a certain territory:
- c) Commits slave trade (art. 323 Cr.C.), trafficking of human beings (art. 323A Cr. C.) or white slavery (art. 351 Cr. C.),
Art. 9 War crimes against persons
- Anyone who, in connection with an international or non-international armed conflict:
d) Commits rape (art. 336 Cr. C.) or enforced prostitution (art. 349 Cr. C.) or enforced sterilization against a person protected according to the provisions of international humanitarian law, or unlawfully confines a woman made pregnant forcibly or with the use of threat of force, with the intent of affecting the ethnic composition of any population.
CIVIL CODE
Article 1350
For the conclusion of marriage the agreement of the future spouses is required. The relevant statements must be made in person and without condition or time limit. The future spouses must be at least eighteen years old. The court may, after hearing the couple and the persons exercising custody of the minor(s), authorize the marriage before the future spouse(s) reaching that age, if the marriage is imposed by good reason.”
Art.1395
The spouses share the use if they break off living together of movable things that belong to both of them, according to theirs personal needs. If they cannot agree, the Division made by the court, which one adequate compensation for the transfer of use can be awarded
Art.1396
The spouses are liable in fulfillment of their obligations arising from the marriage mutual commitments with a measure of the diligence they show in the show own affairs.
Art.1397
Subject to the following provisions, the Marriage the property law independence of the Spouses do not.
Article 1400
When the marriage is dissolved or annulled and that fortune of one spouse increases since the marriage the other spouse is entitled if he has this increase in contributed in any way to the surrender of part of the To request an increase that comes from his contribution. It becomes here suspected that this contribution was due to a third of the increase unless a bigger, smaller one or none at all Contribution is proven. The previous paragraph also applies in the event of a separation of Spouses who lasted more than three years apply. There is no increase in the wealth of the spouses credited what they do through gift, inheritance, legacy or Disposal of what has been acquired for these reasons to have
Article 1402
Subject to the provisions of Article 1262 No. 4, everyone is Spouse entitled in the event of a divorce suit or annulment of the marriage, or if he is a claim to the 1400 of the other spouse or his heirs to demand a security deposit if due There is a reasonable concern that their behavior should be Claim is based
Article 1404
The Details of chosen Systems of the Community of goods, especially with regard to their scope, the Management of the common property as well as the Liquidation of those mutual compensation claims and the distribution of the common good after its completion will be in the relevant notarial deed based on the principle of equality of rights and the obligations between the spouses notarial deed for the community of goods cannot be applied to the Refrain from customs, illegal law or foreign law
Article 1438
A marriage can be dissolved by divorce. The divorce shall be pronounced by a final Court judgement when there is a concurrence of the preconditions determined in the following sections.
Article 1439
Each of the spouses may demand a divorce where their relationship has been so strongly impaired on a ground imputable to the person of the defendant (petitioner) or also to both spouses that the continuation of the conjugal relationship became justifiably unbearable for the plaintiff (respondent).
To the extend that the defendant (petitioner) does not adduce proof to the contrary impairment shall be presumed in case of bigamy or adultery of the defendant abandonment of the plaintiff or plotting against the plaintiff’s life by the defendant.
Where the spouses have been in dissension continually for at least four years the presumption of impairment shall not admit of proof to the contrary and a divorce may be demanded even if the ground of impairment is imputable to the person of the plaintiff. The completion of the time period of dissension shall not be prevented by small interruptions that occurred as attempts for restoring relation between the spouses.
Article 1440
Each of the spouses may demand a divorce by reason of an officially declared absence of the other.
Article 1441
When the spouses agree to divorce they may demand the divorce by a joint request which is prosecuted in accordance with the procedure pertaining to voluntary jurisdiction (consensual divorce).
In order that a consensual divorce may be granted the marriage must have lasted at least one year before the filing of the request and the agreement of the spouses must be declared in Court by them personally or by a specially authorized representative (attorney at law) in the course of two hearings distant from each other by six months at least. The special power of attorney must have been given within the last month before each hearing. Where two years have been elapsed since the first hearing the declared agreement of the spouses shall cease to be effective.
If there are minor children in order that the divorce may be granted a written agreement of the spouses must be submitted regulating the guardianship of the children and the personal contacts with them. Such agreement shall be confirmed by the court and remain in force until a decision has been given in this matter pursuant to the provisions of Article 1513.
Article 1442
To the extent that one of the former spouse s cannot secure his maintenance from his income or from his property he shall have the right to claim maintenance from the other:
1.If at the pronouncement of the divorce or at the end of the time periods referred to in the cases described hereunder he is of an age or in a health condition that does not allow him to be compelled to begin or to continue the carrying out of a proper profession that would secure for him his maintenance.
- If he is in a charge of the guardianship of a minor child and for this reason is prevented from carrying out a proper profession.
3.If he cannot find stable and appropriate employment or if he needs some kind of professional training but in both cases for a time period that may not exceed three years as from the pronouncement of the divorce.
4.In any other case where the judicial awarding of maintenance is called for reasons of leniency.
Article 1443
The provisions of articles 1487, 1493, 1494 and 1498 shall be applicable by analogy also in regard to maintenance after divorce. The maintenance is payable in advance in money every month. The maintenance may be paid in one lump sum payment if the former spouses so agree in writing or according to the decision of the court where particular reasons justify such judgement
Article 1510. – Parental care.
Care for a child under age is a duty and a right of the parents (parental care) and is exercised jointly. Parental care includes care of the child’s person the management of its property and the representation of the child in any matter legal transaction or Court action relating to its person or to its property.
In a case where parental care ceases by reason of death declaration of absence or forfeiture of one parent parental care shall belong exclusively to the other parent.
If one of the parents is in the impossibility of exercising parental care for factual reasons or because he lacks or enjoys a limited legal capacity to conclude transactions parental care shall be exercised by the other parent alone. However care of the person of the child shall also be exercised by a parent who is under age.
Article 1513. Divorce or annulment of marriage.
In the cases of divorce or annulment of the marriage and if both parents are alive the exercise of parental care shall be regulated by the Court. The exercise of parental care can be attributed to one of the parents or if they concur and at the same time determine the place of abode of the child to both parents jointly. The Court may decide differently more particularly to divide the exercise of parental care between the parents or to entrust parental care to a third party.
In making a decision the Court shall take into consideration the ties of the child with the parents and its brothers and sisters as well as any agreements entered into by the parents of the child with regard to care of its person and the management of its property.
The parent to whom was not entrusted the exercise of parental care shall have the right to demand from the other parent information on the person and the property of the child.
Article 1520. – Personal communication.
The parent with whom the child does not reside conserves the right of personal communication with it.
The parents have not the right to prevent the communication of the child with its distant ascendants except on serious grounds.
In the cases contemplated in the preceding paragraphs particulars pertaining to the method of communication shall be specifically regulated by the Court.