This includes the following:
- the commission of a criminal offense, to the detriment of a family member, in accordance with Articles 6, 7, 8 and 9 of Law 3500/2006 and Articles 299 and 311 of the Penal Code
- all acts of physical, sexual, psychological or economic violence that occurs within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim[2]
In Greece, there is no specific law on stalking.
Stalking has not been defined in Greek law. However, please see Article 7 of Law 3500/2006.
In addition, Law 3500/2006 specifically provides that a restraining order can be issued if this is deemed necessary for the protection of a victim's physical and/or psychological health. Accordingly, if stalking behaviors affect a victim's mental health, a restraining order can be issued.[3]
Specifically, in order for an individual to be prosecuted for "stalking," the perpetrator's behaviors must amount to crimes that are prosecutable under other legislation such as insulting the victim's reputation through insults (Article 361 of the Penal Code); persistent behavior of monitoring or persecuting the victim where the victim's private sphere is particularly intruded into (Article 333 of the Penal Code); or damaging the victim's private property (Article 381 of the Penal Code).
It is only possible to prosecute harassment when individual behaviors that are elements of harassment amount to crimes prosecutable under other legislation including Article 361 of the Penal Code, "Insults"; Article 333 of the Penal Code, "Threats"; Article 381 of the Penal Code, "Damage to Private Property"; Article 330 of the Penal Code, "Unlawful Violence"; Articles 308-308A of the Penal Code, "Bodily Harm"; and Article 337 of the Penal Code, "Insult to Sexual Dignity."[4]
This includes the following:
- any person who is subjected to domestic violence as defined in Law 3500/2006 (see the above definition of "domestic violence") and any member of that person's family (including a minor) who is subjected to an act that is a criminal offense under Articles 299 and 311 of the Penal Code[5]
- any natural person who is subject to domestic violence and who is a member of the perpetrator's family or community, which includes co-spouses or parents and relatives of the first and second degree by blood or marriage, including adopted minors
Family
Family or community consists of spouses or parents and relatives of the first and second degree by blood or by marriage and/or by adoption. This includes relatives, by blood or by marriage, of persons who have been appointed as a legal representative or foster parent, as well as any minor living in the family.[6]
Violence against women
A violation of human rights and a form of discrimination against women refers to all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.[7]
Gender
Gender refers to the socially constructed roles, behaviors, activities and attributes that a given society considers appropriate for women and men.[8]
Gender-based violence against women
This refers to violence that is directed against a woman because she is a woman or that affects women disproportionately.[9]
Women
The definition of women includes girls under the age of 18.[10]
Gender mainstreaming
Gender mainstreaming refers to the strategy for the implementation of substantial gender equality, which includes the integration of gender in the preparation, design, implementation, monitoring and evaluation of policies, regulatory measures and expenditure programs, with the aim of promoting equality between women and men and of fighting discrimination.[11]
Positive measures
Positive measures refer to acts and decisions taken by the administration aimed at reducing the lack of gender inequalities, according to paragraph 2, Article 116 of the Constitution.[12]
Positive actions
Positive actions refer to when competent state or self-governing bodies take the initiative regarding the prevention of gender inequalities and raise the awareness of society as a whole.[13]
Substantial equality
Substantial equality refers to gender equality being expanded and enshrined in practice, formal legal equality and the guarantee of equal opportunities in all respects of private and public life, including the removal of discrimination and the improvement of the living conditions of women or citizens regardless of gender, sexual orientation and gender identity.[14]
Equality plans
Equality plans refer to a set of integrated and complementary interventions that can be made by both public and private bodies, as well as by public and private sector companies, that are based on an analysis of the existing social reality, that pose specific objectives, strategies and practices to achieve gender equality and that include the effective monitoring and evaluation of such plans, which are submitted to the General Secretariat of Gender Equality, which forwards them to the Equality Committee of the Parliament.[15]
Direct discrimination
Direct discrimination refers to any act or omission that excludes someone or puts them in a clearly disadvantaged position due to sex, sexual orientation and/or gender identity, as well as any order, encouragement or systematic encouragement of persons to treat others unfavorably or unequally on the grounds of sex, sexual orientation and/or gender identity.[16]
Indirect discrimination
Indirect discrimination refers to any act or omission that puts persons at a disadvantage because of their gender, sexual orientation and/or gender identity, under a seemingly neutral provision or practice, unless this provision, the relevant criterion or the practice is objectively justified by law.[17]