The Right to housing is enshrined in the Constitution (Art. 21§4) which states that “the acquisition of a home by the homeless or those inadequately sheltered shall constitute an object of special State care”.
This is manifested by the recent following developments: the abolition of social housing organizations; the withdrawal of housing benefits (rent allowances); the constraints in the area of affordability (mainly through the sharp increases in housing taxes, loans’ repayment, and the cost of utilities services); as well as the new legal provisions on evictions (article 15 of the L 4055/12 in Official Gazette Α/12-3-2012, which provides for an express legal procedure without a trial).
In relation to housing solutions for people leaving institutions, according to the Article 82, paragraph 1 of the Correctional Code, the opening of hostels is provided in order to offer temporary accommodation to those prisoners who are homeless after their release.
As for the Council of Europe, Greece ratified the European Social Charter on 06/06/1984 and ratified the Revised European Social Charter on March 2016 accepting 96 of the 98 paragraphs, including paragraph 31 on the right to housing. It accepted the Additional Protocol providing for a system of collective complaints on 18/06/1998, but has not yet made a declaration enabling national NGOs to submit collective complaints.
Housing rights in Greece have been a major concern for human rights organizations, with a severe housing crisis affecting vulnerable groups such as low-income families, migrants, and refugees. According to Amnesty International's Annual Report 2022/2023, the lack of social and affordable housing has left many people without access to decent living conditions and forced evictions of informal settlements have occurred without providing alternative solutions to those affected. [1] The COVID-19 pandemic has exacerbated the situation, with many people struggling to pay rent or facing eviction due to loss of income.
Recent legislative reforms include the introduction of a rent subsidy scheme (Law 4472/2017 to be implemented from January 2019) [2] and the announcement by the Greek Prime Minister, Kyriakos Mitsotakis, on 10 September 2022, of a EUR 1.8 billion programme to combat the housing crisis and help citizens, especially young people, find homes with lower rents during the 86th Thessaloniki International Fair. The programme includes measures such as an increase in housing allowance, the launching of a loan programme with a very low-interest rate for 10,000 young people or couples at the age of 25-39 years old, a "Save and Renovate" programme, and an increase in the investment limit for acquiring a Golden VISA. The programme will benefit over 100,000 citizens and will be in force immediately. The ESTIA programme will also start in December, where the state will lease 1,000 private properties to rent them at a very low-price rent to the most vulnerable households. [3] Despite these initiatives, critics argue that the Greek government has not done enough to tackle the housing crisis and protect the rights of vulnerable groups.
There are also concerns about the access of recognised beneficiaries of international protection to social benefits and housing, with some measures limiting their access announced in March 2020. Indeed, an amendment to the asylum legislation in early March 2020 states that “after the issuance of the decision granting the status of international protection, material reception conditions in form of cash or in kind are interrupted. Said beneficiaries residing in accommodation facilities, including hotels and apartments have the obligation to leave them, in a 30-days period since the communication of the decision granting international protection”. [4] A recent study found that many beneficiaries of international protection are homeless or living in precarious housing conditions. [5]
In addition, ESTIA, an EU-funded housing programme in Greece, was launched in 2015 to assist vulnerable asylum seekers, such as families with many children, people with disabilities and torture survivors, by providing them with adequate housing and access to medical care. Two years ago, the management of the program was handed over from the UN refugee agency UNHCR to the Greek government. On 16 December 2021, the Minister of Immigration, Notis Mitarachi, confirmed the total closure of the programme by the end of the year, with the justification that arrivals in the country had decreased. [6]
Furthermore, discrimination against Roma communities in access to housing has been reported, which led the International Centre for the Legal Protection of Human Rights (INTERIGHTS) to file a collective complaint on 28 March 2008.[7] The European Committee of Social Rights declared the complaint admissible and concluded that there was a violation of Article 16 of the European Social Charter. The Committee of Ministers adopted a resolution on the matter in 2011.
Finally, overall, there are continuous calls for stronger action to tackle the housing crisis and protect the rights of vulnerable groups in Greece. [8]
[4] Article 114 L. 4636/2019, as amended by Article 111 L. 4674/2020. Said ministerial Decision, has been issued on 7 April 2020 (JMD No 13348, Gov. Gazzetta B’ 1190/7-4-2020).
[5] Information gathered through a joint questionnaire prepared by GCR, Diotima Centre and IRC, under the joint project “Do the human right thing–Raising our Voice for Refugee Rights”. The project is implemented under the Active citizens fund program, which is supported through a € 12m grant from Iceland, Liechtenstein and Norway as part of the EEA Grants 2014 -2021 and is operated in Greece by the Bodossaki Foundation in consortium with SolidarityNow. As of the time of writing, the data is based on a total of 188 questionnaires, out of which 64 were filled by beneficiaries of international protection residing in Greece.
[6] www.infomigrants.net/en/post/45627/greece-estia-housing-scheme-for-vulnerable-asylum-seekers-to-close-for-good
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Right to housing
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