A serious complaint regarding the exclusion of a family with a small child from the use of umbrella seats managed by a hotel company on a public beach in Crete has reached the Ombudsman.

In particular, an employee of the business allegedly told the parents that they are not allowed to use the space and the seats from families with minor children and, therefore, they should leave.

When the child’s parents questioned the legality of such a policy in relation to the use of a public beach, it was suggested by the officer, as a “good faith gesture”, that the parents be allowed to use the umbrella seats and their child sit next to them on the sand . Considering that these actions offend the child’s dignity and constitute discrimination against him, the citizens appealed to the Ombudsman.

Ombudsman: “Use by everyone, otherwise the contract is terminated”

As stated in a statement by the Ombudsman, the Authority, after investigating the current legislative framework and long correspondence with all the agencies involved, found that both the competent Municipality and the State real estate agency they declared impossibility of control or the imposition of measures, given that the contract concluded with the businesses using the beach does not include related obligations regarding the use of the space.

Following this and with the aim of preventing similar practices in the future, which lead to a violation of the rights of the child, as enshrined in the International Convention on the Rights of the Child (law 2101/1992), the Advocate proposed the provision:

a) a provision prohibiting the exclusion of minors from the above-mentioned benefits and services (and related ones) in the contracts concluded with the respective companies, as well as

b) consequences or termination of the contract/discount of the business in the event that it engages in such exclusionary actions.

The Advocate’s proposals were fully adopted with No. 58782 EX 2023/11.4.2023 (Government Gazette B΄/2531) and 38609 EX 2023/10.3.2023 (Government Gazette B΄/1432) KYA.

Specifically, it was introduced express prohibition discriminatory treatment on grounds of race, colour, national or ethnic origin, descent, religious or other beliefs, disability or chronic illness, age, family or social status, sexual orientation, identity or gender characteristics in the exercise of the activities by the supporters, who have been granted the right of simple use of the foreshore beach, bank, riparian zone, water body of sea, lagoon, lake and navigable river.

It was also provided that, in case of finding a violation, the contractual relationship is automatically and gratuitously terminated for the State with the issuance of a relevant deed, co-signed by the competent Real Estate Service and the relevant Municipality.