Problems of homosexuals in Greece

Dear Minister of Justice,
Dear Minister of the Interior, Public Administration, and Decentralization,

As part of the effort to combat discrimination in our country, I have started a series of meetings in recent months with representatives of the LGBTQ community (Lesbian, Gay, Bisexual, Transsexual). The information I have received during this period has given me the opportunity to realize that, despite the progress made regarding the respect of human rights in Greece, there are still significant areas for improvement in the situation. With this letter, I would like to kindly ask you to examine and address some of these issues faced by our fellow citizens who are members of the LGBTQ community and which fall under your jurisdiction.

a) Legal recognition of cohabitation for any couple who desires it

The demand for the legal recognition of cohabiting couples, regardless of gender, is of particular importance for members of the LGBTQ community, as in their case, there is no possibility of securing any rights, such as those arising from legal cohabitation. This is not the case, to the same extent, for heterosexual couples, as they have the option to marry. The problems that arise for homosexual couples under the current legal framework are many, as there is no possibility to secure inheritance rights, pension rights, the right to adoption, or the right to procreate through new biotechnology methods. There are numerous cases of people who were not even allowed to visit their same-sex partner in the intensive care unit where they were hospitalized, because in such cases, close kinship is required, which cannot be proven for homosexual couples.

The Report on Fundamental Rights in the European Union (2002), which was recently approved by the Plenary of the European Parliament, calls on member states to take specific actions to combat discrimination based on sexual orientation. After urging member states to abolish both legislative and de facto discrimination against members of the LGBTQ community, it places particular emphasis on recognizing the right to marriage and adoption (Article 81). Regarding Greece, the report calls for the modification of the legislation that stipulates a different age of consent for sexual relations based on sexual orientation (Article 84).

On the issue of the legal recognition of homosexual couples, however, the report returns to this topic as an indication of the importance given to this specific proposal. In Article 85, the report encourages member states “to generally recognize non-marital relationships both between persons of different genders and between persons of the same gender – linking these relationships to equal rights to those that apply to marriage, among other things, taking the necessary measures that will allow couples to exercise the right to free movement within the Union.”

The adoption of the aforementioned proposals by the European Parliament has paved the way for the development of European Union policies that will incorporate them. It is expected, sooner or later, that our country will be compelled, by necessity, to recognize rights for homosexual couples that are currently denied to them. I believe it would be preferable for us to adequately prepare ourselves to accept the forthcoming changes. Furthermore, Greece should be at the forefront of the effort to recognize and safeguard human rights.

For all the above reasons, I would like to propose the establishment of a Working Group within the Ministry of Justice, which will explore the possibility of recognizing the free cohabitation of couples, regardless of gender.

b) Recognition of the possibility of name change for transsexual individuals

Many homosexuals feel that they do not belong to their biological sex (for example, men who feel they are women and adapt their appearance and life accordingly). This mainly concerns transsexuals and entails significant difficulties in their daily life. There are numerous cases in which they approach public or private services and cannot verify their identity because their surname, for example, is masculine, while they have a feminine appearance. Beyond the practical difficulties this creates in transactions, they also face humiliation and degrading reactions that exacerbate their marginalization.

To eliminate such phenomena, it is proposed to allow individuals to change their name so that it matches their appearance. It is emphasized that there is already a provision for those who have undergone gender reassignment surgery. However, those who have not undergone this surgery but have simply adopted an appearance different from that indicated by their name are not covered. Expanding the possibility of name change to include this latter category of citizens would be a development that would help thousands of our fellow citizens who face the aforementioned problem, while also reducing the outbreaks of racist violence against them, which burden our society as a whole.

c) Draft Law – Implementation of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age, or sexual orientation

The new Draft Law, which incorporates into Greek legislation directives 43/2000 (regarding the application of the principle of equal treatment regardless of racial or ethnic origin) and 78/2000 (for the establishment of a general framework for equal treatment in employment and occupation), is an extremely important contribution to the protection of human rights in Greece. However, there are objections regarding the reference to discrimination faced by members of the LGBT community. A notable objection concerns the use of the term “genetic orientation,” which is intended to cover members of the LGBT community. It has been observed that this term causes a number of misunderstandings, even among judges, as it often creates the impression that the term refers to reproduction rather than sexual preference. As a result of this misunderstanding, the claim of homosexuals that they face discrimination based on their sexual preference is often not accepted, under the argument that they cannot procreate, and therefore there is no issue of “genetic orientation.” It is clear that this represents a great injustice against members of the LGBT community, which significantly undermines important legislative achievements and takes us back to earlier times. For this reason, I believe it would be advisable to replace the term “genetic” with “sexual orientation” in the relevant Draft Law to avoid further misunderstandings.

Furthermore, concerns are raised regarding the absence of specific references to various forms of discrimination in certain articles. It is noteworthy that Chapter II, which covers equal treatment, limits its application to discrimination based on racial or ethnic origin, while ignoring the other categories of discrimination mentioned in the title of the Draft Law. As a result, members of the LGBT community are not protected by these specific provisions.

One could, of course, argue that Chapter II faithfully implements Directive 43/2000, which specifically addresses discrimination based on racial or ethnic origin, and not those based on sexual orientation. However, the impression that arises is that the Ministry’s intention is to recognize only the bare minimum of rights for victims of discrimination in our country, complying with the strictly necessary contractual obligations, rather than acting based on common sense or its moral obligation to protect all citizens who are victims of discrimination. The reasonable question that arises is: why should equal treatment not also be guaranteed for the disabled, the elderly, those of different religious beliefs, and homosexuals?

Dear Minister,

Dear Minister,

Greece has made significant progress in the field of respecting fundamental human rights in recent decades. The continuing discrimination faced by members of the LGBTQ+ community, even in simple, everyday actions and processes, is not fitting for a modern, European state. Your intervention to address the aforementioned issues as soon as possible will significantly contribute to positioning the country at the forefront of the fight for the protection of human rights.

Looking forward to your positive response,

With deep respect,

Anna Karamanou