Restrictions for women in the access of professions under Greek law
There is no legal provision in Greek law that prohibits a woman from holding any employment position. However, some conditions for the employment of women in certain sectors of the public sector have been found by the Supreme Court that they constitute indirect discrimination against women and were therefore annulled as contrary to the Constitution.
In successive decisions, the Supreme Court of Greece (Supreme Judicial Council ) ruled as unconstitutional provisions for the recruitment in the public sector (Police, Coast Guard, etc.) which stipulated as a necessary qualification a specific height regardless of gender or a special height different for men and women.
In particular, with the decisions of the Supreme Council , (STE Olom No 902 – 907/2021) it was held that the provision of Article 1 par. 1 of Presidential Decree 90/2003, which sets a minimum height of 1.70 m as a necessary qualification for access to the Police and Constabulary Schools of the Greek Police, an indirect discrimination on the grounds of sex against female candidates, within the meaning of Directive 76/207/EEC, is caused, without justification.
In addition, by judgment(STE No 1363/2021) of the same Court, it was held that the provision of Article 2(d) of Ministerial Decision No 1211.2/18/07/25-9-2007, which laid down as a necessary condition for participation in a competition for the recruitment of Coast-guard cadets a minimum height of 1.70 m for male candidates, was not compatible with the principle of proportionality, for female candidates 1,65 m, discriminated against potential female candidates, in that it excluded them to a much greater extent than potential male candidates.
The Constitution of Greece (Articles 4, 22 and 116) and the relevant legislation as established over time by Laws 3304/2005, 3488/2006, 3769/2009,3896/2010 and 4097/20123304/2005, 3488/2006, 3769/2009,3896/2010 ,4097/2012 and 4604/2019, put the defense of equal and non-discriminatory treatment of men and women in the labour market at the centre of their work.
Especially with provisions of Law 3896/2010“Application of the principle of equal opportunities and equal treatment of men and women in matters of work and employment – Harmonization of the existing legislation with Directive 2006/54 / EC of the European Parliament and of the Council of 5 July 2006″ , with the provisions of which the requirements of Directive 2006/54 / EE were transferred to the Greek legal order, any direct or indirect discrimination based on sex is prohibited (art.2).
Therefore, with recent Law 4808/2021 Articles 1-23 ratifies Convention No. 190/2019 of the International Labour Organization on the Elimination of Violence and Harassment in the World of Work, imposing on employers the obligation to prevent and address violence and discrimination in the workplace, which includes all forms of discrimination on the grounds of gender, color, sexual orientation, etc.
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