Greece Gender Equality Act 2019

Overview

Law 4604/2019, enacted in Greece on March 26, 2019, represents a landmark legislative initiative aimed at comprehensively promoting substantive gender equality and preventing and combating gender-based violence. This law introduces a new institutional framework designed to address gender relations across various facets of society, including family law, labor law, social security law, and public administration, without treating women as a special or vulnerable category. Its overarching purpose is to eliminate discrimination against women and integrate the principle of equal treatment into both public policies and private life. The law was initiated by the Ministry of Interior and published in the Official Journal of the Hellenic Republic, signifying a concerted effort by the Greek state to align its national legal framework with international and European standards on gender equality.

The historical context for this law includes Greece's constitutional commitment to gender equality (Article 4 and 116 of the Greek Constitution) and prior efforts to implement gender mainstreaming, such as the national strategic reference framework and the national action plan for gender equality introduced in 2017. Law 4604/2019 builds upon these foundations, constituting a legal obligation to promote gender mainstreaming across all sectors. It is considered the first horizontal bill in Greece to create circumstances conducive to achieving substantive gender equality and eliminating gender inequalities in political, social, and economic life. The law also introduces, for the first time in a legislative text, the notions of gender mainstreaming and gender budgeting, marking a significant step towards a more integrated approach to gender equality.

Key innovations of Law 4604/2019 include the establishment of basic concepts, mechanisms, and agencies dedicated to achieving gender equality, as well as the integration of the principle of equal treatment into public policies and private life. It mandates the formation of a network of permanent structures nationwide to prevent and address violence against women, alongside an integrated network of support services for victims. Furthermore, the law encourages public and private enterprises to develop and implement 'Equality Plans' and offers an 'Equality Badge' as recognition for their commitment to equal treatment and opportunities. It also includes provisions for increasing women's participation in politics through quotas and integrating gender mainstreaming into education and health policies, thereby promoting comprehensive gender equality across various domains.

Definitions

Law 4604/2019, while promoting substantive gender equality, relies on and reinforces several key definitions pertinent to employment law and equal pay, often drawing from existing Greek constitutional provisions and European Union directives. The concept of 'equal pay for work of equal value' is fundamental, as enshrined in Article 22, paragraph 1, passage b of the Greek Constitution, which states that "All workers, irrespective of sex or other distinctions, have a right to equal pay for work of equal value." This principle is further elaborated in the context of EU law, specifically Article 157 TFEU, which defines 'pay' as the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, received by the worker from their employer in respect of their employment. Equal pay, in this context, means that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement, and pay for work at time rates shall be the same for the same job.

The law also addresses various forms of discrimination. 'Gender discrimination' is broadly understood as any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. The law aims to eliminate both direct and indirect discrimination. 'Direct discrimination' occurs when one person is treated less favorably than another is, has been, or would be treated in a comparable situation on grounds of gender. 'Indirect discrimination' occurs when an apparently neutral provision, criterion, or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion, or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Furthermore, Law 4604/2019 explicitly defines 'gender-based violence' and 'sexual harassment.' Gender-based violence encompasses any act of violence that is directed against a person on the basis of their gender or sexual orientation, or that affects persons of a particular gender disproportionately. This includes physical, sexual, psychological, or economic harm or suffering, threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. 'Sexual harassment' is defined as any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that occurs with the purpose or effect of violating a person's dignity, particularly when creating an intimidating, hostile, degrading, humiliating, or offensive environment. These definitions are crucial for the law's provisions on prevention, combating, and providing support to victims of such violence.

Covered Employers

Law 4604/2019 has a broad scope of application, extending its provisions to both the public and private sectors in Greece. The Act applies to individuals who are employed or are candidates for employment, irrespective of the form of employment or the nature of services provided. This comprehensive coverage ensures that the principles of substantive gender equality and non-discrimination are upheld across various employment relationships. Furthermore, the law explicitly includes freelance professionals and individuals undergoing vocational training or seeking vocational training within its scope, highlighting an inclusive approach to promoting gender equality in the world of work. This wide application aims to foster a culture of equality across the entire labor market, addressing potential discrimination at all stages of professional life.

While the law encourages all public and private enterprises to draft and implement "Equality Plans" with specific strategies and targets to prevent all forms of discrimination against women, it does not explicitly state specific size thresholds for mandatory compliance with these plans in the provided summaries. However, the encouragement extends to enterprises of varying sizes, suggesting a voluntary or incentivized approach for smaller entities, while larger organizations may face stronger implicit or explicit expectations. The General Secretariat for Family Policy and Gender Equality (GSFPGE) is empowered to award "Equality Labels" to public and private enterprises that demonstrate a commitment to equal treatment, including equal pay for equal work and balanced participation of women and men in managerial positions or professional groups. This incentive-based mechanism aims to drive voluntary adoption of gender equality practices across the corporate landscape.

The law also mandates the integration of gender equality principles within public administration. This includes the use of gender-neutral language in official documents and the obligation for public services and legal entities to collect sex-disaggregated data on areas falling within their responsibility. Each ministry is required to develop quantitative and qualitative indicators on gender issues, analyze the consequences of draft laws through mandatory gender impact assessments, and publish online progress reports on gender-based discrimination. These provisions ensure that the public sector leads by example in implementing gender mainstreaming and equality policies, setting a precedent for private sector compliance and fostering a nationwide commitment to substantive gender equality.

Employee Rights

Law 4604/2019 significantly strengthens employee rights concerning gender equality and non-discrimination in the workplace. A fundamental right reinforced by this law, in line with the Greek Constitution and EU directives, is the right to equal pay for work of equal value, irrespective of sex or other distinctions. This means that workers are entitled to receive the same remuneration for performing jobs that are considered equal or comparable in value, based on objective criteria. The law encourages employers to implement "Equality Plans" that include specific strategies to ensure equal pay, thereby providing a framework for employees to advocate for and expect fair compensation practices.

Beyond equal pay, employees are granted the right to be free from all forms of gender discrimination in employment and occupation. This encompasses protection against discrimination in access to employment, vocational training, promotion, and working conditions. The law aims to prevent and combat gender-based violence and sexual harassment in the workplace, ensuring a safe and respectful working environment. Employees who experience such discrimination or violence have the right to seek redress and protection. While specific detailed procedures for individual complaints are often outlined in broader labor laws and administrative regulations, Law 4604/2019 establishes the institutional framework and the commitment to address these issues, empowering employees to exercise their rights through established channels, such as the General Secretariat for Family Policy and Gender Equality or the Labour Inspectorate.

The law also promotes the right to a balanced participation of women and men in managerial positions and professional groups, and encourages professional development without gender bias. Employees benefit from provisions such as paid leave for medically assisted reproduction, which supports work-life balance and addresses specific needs related to reproductive health, thereby removing potential barriers to women's career progression. Furthermore, the emphasis on gender-neutral language in official documents and the collection of sex-disaggregated data contribute to greater transparency and accountability, enabling employees to better understand and challenge potential inequalities. The establishment of various gender equality bodies at national, regional, and local levels provides avenues for employees to seek information, guidance, and support in exercising their rights and reporting violations.

Pay Transparency Requirements

While Law 4604/2019 does not explicitly detail specific pay transparency requirements such as mandatory salary range disclosures in job postings or public pay scale publications, it lays a foundational framework that implicitly promotes greater transparency in remuneration practices. The law's emphasis on the principle of equal pay for work of equal value, coupled with the encouragement for public and private enterprises to develop and implement "Equality Plans," necessitates a degree of internal pay transparency. These plans, designed to prevent all forms of discrimination against women, would inherently require employers to assess their remuneration structures and identify potential gender-based pay disparities. Such internal assessments, while not publicly disclosed, contribute to a more transparent understanding of pay within an organization.

The "Equality Plans" are expected to include specific strategies and targets to achieve equal treatment, which would logically involve an analysis of pay data. Although the law does not mandate the public reporting of pay gaps, the process of creating and implementing these plans would require employers to collect and analyze pay data disaggregated by gender. This internal data collection and analysis, even without external publication, serves as a crucial step towards identifying and addressing pay inequalities. The General Secretariat for Family Policy and Gender Equality (GSFPGE) awards an "Equality Badge" to companies that demonstrate commitment to equal treatment, including equal pay. To qualify for such a badge, companies would likely need to demonstrate their efforts in ensuring fair pay practices, which would involve some level of internal pay transparency and assessment.

Furthermore, the broader context of gender mainstreaming introduced by Law 4604/2019, including the obligation for public services and legal entities to collect gender-based statistics, supports a move towards greater transparency. Each ministry is required to develop quantitative and qualitative indicators on gender issues and publish online progress reports on gender-based discrimination. While these provisions primarily apply to the public sector and focus on broader gender equality indicators, they set a precedent for data collection and reporting that can eventually extend to more specific pay transparency measures. The use of gender-neutral language in official documents, including job advertisements, also contributes to a more equitable and transparent hiring process, ensuring that opportunities are presented without gender bias.

Reporting & Audit Obligations

Law 4604/2019 introduces significant reporting and audit obligations, particularly for public sector entities, and encourages similar practices in the private sector through incentives. A key provision mandates that public services and legal entities collect gender-based statistics on areas falling within their responsibility. Each ministry is specifically required to develop quantitative and qualitative indicators on gender issues for the assessment of gender mainstreaming in all relevant measures and policies. This data collection forms the basis for regular reporting on progress and challenges in achieving gender equality. The law also stipulates that ministries must analyze the consequences of draft laws through mandatory gender impact assessments and publish online progress reports on gender-based discrimination. These reports serve as a mechanism for accountability and transparency, allowing for monitoring and evaluation of gender equality initiatives across government.

For private and public sector enterprises, the law encourages the drafting and implementation of "Equality Plans." While the frequency and detailed content requirements for these plans are not explicitly specified as mandatory public reports in the provided summaries, they are expected to outline specific strategies and targets to prevent all forms of discrimination against women, including those related to pay. These plans would necessitate internal data collection and analysis to identify and address gender inequalities. The General Secretariat for Family Policy and Gender Equality (GSFPGE) is responsible for awarding an "Equality Badge" to enterprises that demonstrate commitment to equal treatment and opportunities, which implies a form of assessment or audit of these plans and practices. The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has requested information from the Greek government on the number of equality plans elaborated and implemented by employers and the number of equality labels awarded, indicating an international interest in the practical application and effectiveness of these provisions.

The law also establishes a national gender machinery with various bodies responsible for monitoring and evaluating gender equality policies. The National Council for Gender Equality (ESIF), under the auspices of the GSFPGE, has a consultative role and aims to assess and evaluate existing policies on gender equality. Autonomous equality offices are to be established in each of the 13 regions of the country, as well as in the Central Union of Municipalities of Greece and the Association of Greek Regions, with mandates to ensure and support the integration of gender equality in regional policies. These offices are expected to cooperate with municipalities and regions to formulate and implement local and regional projects and activities on gender equality, which would involve internal reporting and evaluation processes. The overall framework suggests a multi-layered approach to reporting and auditing, with a strong emphasis on internal government accountability and incentivized private sector engagement.

Governance & Enforcement Bodies

Law 4604/2019 establishes a robust national mechanism for gender equality, comprising several key governmental and advisory bodies responsible for its governance and enforcement. At the central level, the primary governmental authority is the General Secretariat for Family Policy and Gender Equality (GSFPGE), which falls under the Ministry of Labour and Social Affairs (formerly Ministry of Interior). The GSFPGE is tasked with the comprehensive responsibility of planning, designing, implementing, and monitoring national policies for gender equality across all areas of public and private life, and actively combating gender discrimination. It serves as the central coordinating body for gender equality issues in Greece.

Complementing the GSFPGE is the Research Centre for Gender Equality (KETHI), a legal entity of private law supervised by the GSFPGE. KETHI's role is crucial for evidence-based policy-making, as it coordinates, promotes, and conducts research and studies on gender issues. It also implements national and European action programs focused on women's counseling and their social and employment integration. This research arm provides essential data and analysis to inform the policies and actions undertaken by the GSFPGE. Furthermore, the law provides for the establishment of a National Council for Gender Equality (ESIF), which consists of 15 members from various backgrounds, including ministries, academia, and NGOs. The ESIF has a consultative role, advising the GSFPGE on policy proposals and evaluating existing gender equality policies, thereby ensuring broad stakeholder input and expert guidance.

At the regional and local levels, the law mandates the establishment of autonomous equality offices in each of the 13 regions of Greece, as well as in the Central Union of Municipalities of Greece and the Association of Greek Regions. These regional and municipal committees for gender equality are designed to promote women's rights at the local level, ensuring the integration of gender equality in the development of regional policies and supporting the policies of the GSFPGE. They are responsible for making proposals and suggestions to relevant regional bodies regarding measures to promote gender equality in economic, political, and social life. While the law itself does not contain explicit provisions for enforcement or sanctions in all aspects, it stipulates legislative measures to strengthen this national gender machinery. Violations of equality principles and the use of sexist language in disciplinary actions are subject to sanctions, indicating that these bodies, in conjunction with existing legal frameworks, play a role in addressing non-compliance.

Monitoring & Evaluation

Law 4604/2019 establishes a comprehensive framework for the monitoring and evaluation of gender equality initiatives across Greece, particularly within the public sector, and encourages similar practices in the private sphere. A core aspect of this framework is the requirement for each ministry to develop quantitative and qualitative indicators on gender issues. These indicators are crucial for assessing the effectiveness of gender mainstreaming efforts in all relevant measures and policies. Ministries are also obligated to conduct mandatory gender impact assessments for all draft laws, ensuring that new legislation is scrutinized for its potential effects on gender equality before enactment. The results of these assessments, along with online progress reports on gender-based discrimination, contribute to a transparent and accountable monitoring system.

The General Secretariat for Family Policy and Gender Equality (GSFPGE) plays a central role in monitoring and evaluating national equality policies. It is the governmental authority responsible for the design, implementation, and monitoring of these policies, including combating gender discrimination. The National Council for Gender Equality (ESIF), operating under the GSFPGE, has a specific mandate to assess and evaluate existing policies on gender equality, providing a consultative mechanism for continuous improvement. Furthermore, the Research Centre for Gender Equality (KETHI) contributes to this process by conducting research and studies on gender issues, which provides an evidence base for policy adjustments and evaluations. The collaboration between the Observatory on Gender Equality of the GSEHR and the Hellenic Statistical Authority (Elstat) for collecting sex-disaggregated data further strengthens the monitoring capacity, ensuring that policies are informed by accurate and comprehensive statistics.

While the law encourages public and private enterprises to implement "Equality Plans," the monitoring and evaluation of these plans in the private sector are primarily driven by an incentive-based system. The GSFPGE awards an "Equality Badge" to companies that demonstrate commitment to equal treatment and opportunities, which implies a process of evaluation or audit of their gender equality practices. The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has specifically requested information on the number of equality plans elaborated and implemented, and the number of equality labels awarded, indicating an international interest in the practical application and effectiveness of these provisions. This external scrutiny further reinforces the need for robust internal monitoring and evaluation mechanisms within enterprises seeking recognition for their gender equality efforts. The establishment of autonomous equality offices at regional and municipal levels also contributes to localized monitoring, ensuring that gender equality policies are effectively implemented and evaluated at all administrative tiers.

Enforcement & Penalties

Law 4604/2019, while primarily focused on establishing a comprehensive framework for promoting gender equality, includes provisions for enforcement and penalties, particularly concerning violations of equality principles and the use of sexist language. The law states that sanctions will be imposed for violations of equality principles and for the use of sexist language in disciplinary actions. This indicates that non-compliance with the law's core tenets can lead to punitive measures, although the specific fine amounts or penalty ranges are not explicitly detailed within the provided summaries of Law 4604/2019 itself. Enforcement would typically fall under the purview of existing labor law enforcement bodies, such as the Labour Inspectorate, and administrative procedures.

The broader legal framework in Greece, which Law 4604/2019 operates within, provides for various mechanisms to address discrimination and ensure compliance with labor laws. For instance, the Greek Constitution guarantees gender equality, and other acts, such as Law 4443/2016, transpose EU directives on equal treatment in employment and occupation, which include provisions for legal remedies and sanctions for discrimination. Therefore, while Law 4604/2019 sets the policy and institutional framework for gender equality, the actual enforcement and imposition of penalties for employment-related discrimination would likely leverage these existing legal instruments and the powers of relevant authorities. The General Secretariat for Family Policy and Gender Equality (GSFPGE) and the National Council for Gender Equality (ESIF) play crucial roles in identifying areas of non-compliance and proposing policy adjustments, which can lead to stronger enforcement actions.

In cases of gender-based violence and sexual harassment, which the law aims to prevent and combat, the penalties would be governed by the relevant provisions of the Greek Criminal Code and other specific legislation addressing violence against women. The law institutionalizes a panhellenic network for sexual and gender-based violence (SGBV) by the General Secretariat for Gender Equality and the Municipalities, including Counseling Centers, Hostels, and a 24-hour SOS hotline (15900). These structures provide support to victims and facilitate the reporting of incidents, which can lead to legal proceedings and the imposition of criminal or administrative penalties on perpetrators. The law also provides for the establishment of autonomous gender equality offices in ministries, regions, and municipalities, which can receive complaints and initiate investigations, further contributing to the enforcement ecosystem. The appeals process for any penalties or decisions would follow standard administrative and judicial procedures established under Greek law.

Relationship to Other Laws

Law 4604/2019 operates within a comprehensive legal landscape in Greece, interacting with and building upon existing constitutional provisions, national laws, and international and European Union legal frameworks. Fundamentally, it aligns with Article 4, paragraph 2, and Article 116, paragraph 2, of the Greek Constitution, which declare equal rights and obligations for Greek men and women and mandate the state to remove existing inequalities, particularly those affecting women. The law also explicitly states that its provisions are in accordance with EU Directives and international Conventions ratified by the Greek State, including Greek family law, labor law, and social security law, ensuring a cohesive and integrated approach to gender equality.

The law complements and is complemented by several specific pieces of legislation. For instance, it works in conjunction with Act 4443/2016, which transposed EU Directives 2000/43/EC and 2000/78/EC on the implementation of the principle of equal treatment irrespective of racial or ethnic origin, and in employment and occupation, respectively. This ensures a broad anti-discrimination framework. Furthermore, Law 4604/2019 is seen as a foundational act for subsequent legislation, such as Law 4808/2021 on the protection of work, which established the Independent Authority "Labour Inspectorate" and ratified ILO Convention 190/2019 on the Elimination of Violence and Harassment in the world of work. This demonstrates a progressive legislative evolution where Law 4604/2019 sets the stage for more detailed and specific protections.

In terms of specific provisions, Law 4604/2019 introduces a gender quota of at least 40% for candidate lists in parliamentary and European elections, building upon similar regulations already existing for municipal and regional elections (e.g., Law No 4555/2018). It also introduces, for the first time in Greece, a gender quota of at least 25% on listed company boards, signifying a direct interaction with corporate governance laws. The law also addresses the rights of UK citizens in Greece post-Brexit (Articles 123, 124, 125, 127, and 128), demonstrating its multifaceted nature beyond gender equality, though these provisions are distinct from its core gender equality objectives. The law's emphasis on gender mainstreaming and gender budgeting also interacts with public finance and administrative laws, requiring ministries to integrate gender perspectives into their policies and budget allocations.

International Context

Law 4604/2019 is deeply embedded within and significantly influenced by the international and European legal frameworks for gender equality. Greece, as a member state of the European Union, is bound by EU directives that promote equal treatment and opportunities for men and women, including the principle of equal pay for equal work or work of equal value. The law explicitly states its alignment with EU Directives, ensuring that national legislation reflects the broader European commitment to gender equality. This includes directives such as Council Directive 75/117/EEC on equal pay and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which have been transposed into Greek law through various acts, including Act 4443/2016. The comprehensive nature of Law 4604/2019, encompassing gender mainstreaming and combating gender-based violence, reflects the holistic approach advocated by the EU.

Furthermore, Greece has ratified key International Labour Organization (ILO) Conventions that are central to pay equity and non-discrimination in employment. These include the ILO Equal Remuneration Convention, 1951 (No. 100), ratified by Greece in 1975, and the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), ratified in 1984. Law 4604/2019's provisions, particularly those encouraging "Equality Plans" and promoting equal pay for equal work, contribute to fulfilling Greece's obligations under these international instruments. The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) actively monitors Greece's implementation of these conventions, and has noted with interest the adoption of Law 4604/2019, requesting information on its practical application. This demonstrates the law's role in advancing global standards for gender equality and fair labor practices.

The law also aligns with broader global trends in promoting women's empowerment and combating gender-based violence, such as the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which Greece has ratified. The introduction of gender mainstreaming and gender budgeting concepts for the first time in Greek legislation reflects a global best practice in integrating gender perspectives into all policy areas and budget allocations, as advocated by international bodies like UN Women and the European Institute for Gender Equality (EIGE). The law's provisions for increasing women's participation in decision-making, such as electoral quotas and quotas on listed company boards, are also in line with international efforts to address the democratic deficit caused by underrepresentation of women in leadership roles.

Implementation Timeline

Compliance Checklist

Sources and References