E/C.12/GRC/CO/2
4.
The Committee notes with appreciation the measures taken by the State party to
enhance the promotion and protection of economic, social and cultural rights, including:
(a)
The adoption of Law No. 4320/2015 on immediate measures for coping with
the humanitarian crisis;
(b)
The adoption of Regulation No. 223/2014, establishing the Fund for
European Aid to the Most Deprived;
(c)
The adoption of Law No. 4198/2013 on preventing and combating trafficking
in human beings and protecting its victims and other provisions, which transposes into
national law Directive 2011/36/EU of the European Parliament and of the Council of the
European Union;
(d)
C.
The adoption of the National Roma Integration Strategy in 2011.
Principal subjects of concern and recommendations
Domestic application of the Covenant
5.
While the Committee notes the information provided by the State party that the
Covenant constitutes an integral part of Greek domestic law and prevails over any contrary
provision of law, it regrets the lack of information on decisions adopted by domestic courts
that invoke the Covenant (art. 2 (1)).
6.
The Committee recommends that the State party provide in its next periodic
report information on decisions taken by courts at all levels that invoke the Covenant.
It also recommends that the State party raise awareness among members of the
judiciary and the general public about the Covenant and the justiciability of
economic, social and cultural rights. The Committee draws the State party’s attention
to its general comment No. 9 (1998) on the domestic application of the Covenant.
Obligations of the State party under the Covenant in the context of the economic crisis
7.
The Committee notes with concern that, despite the measures taken by the State
party to mitigate the economic and social impact of the austerity measures adopted in the
framework of the memorandums of understanding in 2010, 2012 and 2015, the financial
and economic crisis has had a severe impact on the enjoyment of economic, social and
cultural rights, particularly by certain disadvantaged and marginalized groups with regard
to the rights to work, to social security and to health. The Committee notes with interest the
information provided by the State party’s delegation that efforts have been and will
continue to be taken to uphold the rights protected under the Covenant, in the framework of
negotiation and conclusion of agreements with creditors and in their implementation (arts. 2
(1) and (2), 6, 7, 9 and 11-14).
8.
The Committee reminds the State party of its obligation under the Covenant to
respect, protect and fulfil economic, social and cultural rights progressively, to the
maximum of its available resources. While acknowledging that certain adjustments
are at times inevitable, the Committee draws the State party’s attention to the
Committee’s open letter of 16 May 2012 to States parties on economic, social and
cultural rights in the context of the economic and financial crisis, in particular to the
recommendations contained therein with regard to the requirements resulting from
the Covenant regarding the applicability of austerity measures. In that context, the
Committee recommends that the State party review the policies and programmes
adopted in the framework of the memorandums of understanding implemented since
2010, and any other subsequent post-crisis economic and financial reforms, with a
view to ensuring that austerity measures are progressively waived and the effective
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