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those concerned very little has so far been done to organise such monitoring. For
example, in 45 years of lignite mining in Greece, only two epidemiological surveys
have been commissioned by the state, and these only covered part of the regions
concerned. The results of these studies were presented to the public in 1998. Other
epidemiological studies are admittedly scheduled or under way, but no morbidity
studies have been carried out in the areas neighbouring the power plants.
221. In conclusion, even taking into consideration the margin of discretion granted
to national authorities in such matters, the Committee considers that Greece has not
managed to strike a reasonable balance between the interests of persons living in
the lignite mining areas and the general interest, and finds that there has thus been a
violation of Article 11§§1, 2 and 3 of the Charter.
The alleged violation of Article 3§§1 and 2
222. Regarding the question of whether the acts and omissions of the DEH can be
imputed to the defending Government, the Committee considers that what it has said
above (§§ 191-193) in connection with Article 11, applies mutatis mutandis to Article
3.
223. The Committee notes that Article 3 of the Charter grants everyone the right to
safe and healthy working conditions. It considers that this right stems directly from
the right to personal integrity (Conclusions I, statement of interpretation of Article 3,
p. 22).
224. States' first obligation under Article 3 is to ensure the right to safe and healthy
working standards of the highest possible level. Paragraph 1 of this article requires
them to issue health and safety regulations providing for preventive and protective
measures against most of the risks recognised by the scientific community and laid
down in Community and international regulations and standards (Conclusions XIV-2,
statement of interpretation of Article 3, pp. 36-37).
225. Regarding the complaint that there are no specific regulations concerning
occupational diseases, the Committee considers that this must be dismissed, in view
of the legislation and regulations on screening for and recording of occupational
diseases currently in force in Greece.
226. Regarding the complaint concerning arrangements for compensating for
occupational diseases and accidents, the Committee notes that in Greece
occupational risks are covered by sickness and invalidity insurance in the same way
as non-occupational accidents or diseases. Although the majority of states party to
the Charter have introduced specific insurance for occupational risks, which
generally offer more generous benefits than those paid by sickness and invalidity
insurance schemes, the Committee does not consider that states are required to
introduce such specific insurance to comply with Article 3§1.
227. Regarding the complaint that there are insufficient occupational physicians,
the Committee notes that the progressive development of occupational health
services is an obligation under Article 3§4 of the revised Charter. Since the complaint
is based on the Charter rather than the revised Charter, and the former cannot be
interpreted more strictly than the latter, the Committee decides not to examine this
aspect of the complaint any further.
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