The Greek Civil Code stipulates that the minimum legal age of marriage is 18 years for both sexes, but that courts may allow a minor to enter into marriage if the union is “imposed for an important reason”.[1] However, sharia law is recognised in the Greek legal system[2] and sets the minimum legal age for marriage at nine years for females and 12 years for males, provided there is parental consent.[3]
Violence against women in Greece is addressed through provisions contained in the Criminal Code and specific laws.
Under Greek law, domestic violence encompasses several criminal offences. Indeed, since 2006 domestic violence is defined as the act of committing a crime against a member of the family, in accordance with articles 6, 7, 8 and 9 of law 3500/2006 (which respectively punish domestic bodily injury/harm to health; using violence or threatening a family member to commit an act, an omission or to tolerate something; rape; insulting a family member’s sexual dignity) and articles 301and 311 of the Penal Code (which refer to joint suicide and fatal injury respectively).[29]Violence is defined according to the provisions of the UN Declaration on the Elimination of Violence against Women.[30]
The Criminal Code defines rape as the coercion to intercourse or another lewd act or tolerance thereof, by corporal violence or threat of great and imminent danger,[31]and includes marital/spousal rape in its scope since 2006.[32] A “lewd act” is to be understood as “an act not reaching intercourse, which offends common decency and morals and aims at satisfying or exciting sexual desire”.[33] Rape is punished by incarceration for an unspecified duration, and for up to ten years when the perpetrator takes advantage of the victim’s “insanity […] or incapacity to resist for whatever reason” (aggravated form or rape).[34]
[29]Law 3500/2006 “on domestic violence and other provisions” [30] European Commission, Daphne III Programme (2013).[31] Greek Criminal Code, s.336[32] Law 3500/2006 “on domestic violence and other provisions” replaced ‘extra-marital intercourse’ with ‘intercourse’ [33]European Commission, European Network of Legal Experts in the Field of Gender Equality (2011). [34] Greek Criminal Code, s.338 [35] Greek Criminal Code, s.342 [36] European Council and European Parliament (2006) [37] Greek Criminal Code, ss.308-315 [38] Greek Criminal Code., s.361 [39] Greek Criminal Code., s.337 [40]European Commission, Daphne III Programme (2013)[41]European Commission, European Network of Legal Experts in the Field of Gender Equality (2011). [42] Law 3064/2002 on measures to combat trafficking in human beings, sexual and economic exploitation, and child pornography; Law 3500/2006 on domestic violence [43] National Programme on Preventing and Combating Violence Against Women for 2009-2013 [44]European Commission, Daphne III Programme (2013) [45]European Commission, Daphne III Programme (2013) [46] European Women’s Lobby (EWL) (2011).. [47]US Department of State (2013) [48]US Department of State (2013) [49] European Commission (2013) [50]European Agency for Fundamental Rights (2014) [51]European Agency for Fundamental Rights (2014) [52] United Nations (UN) Women (2011), Annex 3 [53]UNECE [54]CEDAW (2013) [55] Halkias (Duke 2004) [56] Hellenic Criminal Code, s.351 [57]CEDAW (2013)
Recent data does not indicate a son bias. Greece had a male/female sex ratio of 1.06 for ages 0-4 in 2011,[58]and an overall population male/female sex ratio of 0.98 in 2013.[59]
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No data on fertility preferences could be found, nor any sex disaggregated data on birth registration, child household chores, child nutrition, and child immunisation. Identical pre-primary and primary gross enrolment ratios were recorded for both sexes between 2008-12, while net enrolment rates in secondary school were almost identical for both sexes in 2008-12.[60]
The Greek Civil Code contains gender neutral provisions relating to land and non-land assets, including non-discriminatory provisions for both matrimonial property regimes (separation/community of property) and their termination (ss.1397-1415).However, the CEDAW Committee expressed concern over the absence of legal provisions regulating the distribution of property in de facto unions, which may lead to discriminatory practices towards women.[61]No data relating to women’s ownership of land and non-land assets could be found.
[61]CEDAW) (2013) [62]World Economic Forum (2013), op. cit [63]World Bank (2014), Global Financial Inclusion Database (database) [64]Committee on Economic, Social and Cultural Rights (CESCR) (2013), Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights – Second periodic reports of States parties due in 2009, Greece, E/C.12/GRC/2
The Greek Constitution guarantees, inter alia, freedom of movement (art.5), freedom of assembly (art.11) and freedom of speech and expression (art.14). No discriminatory practices towards women’s access to public space could be found.
[65]European Commission (2014), Eurostat (database), "Frequency of getting together with relatives" and "Frequency of getting together with friends" (metadata)
Committee on Economic, Social and Cultural Rights (2013), Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights – Second periodic reports of States parties due in 2009, Greece, E/C.12/GRC/2