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Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

Introduction

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked especially in developed countries where certain achievements in the field of labour rights and social security had attained quite a high standard. The proposals to amend the labour law in France and the fierce reaction of the people are indicative of this trend[1]. Given that these achievements were the result of the progressive implementation of economic, social and cultural rights, as stipulated by international human rights treaties, most of the initiatives to restrict them result in prohibited retrogressive measures.

States falsely consider that it is easier to limit economic and social rights instead of civil and political rights for various reasons. First of all there is much discussion regarding the real justiciability of social rights. Secondly, social rights are interpreted by international human rights bodies mainly through an expansive interpretation of civil and political rights. Thirdly, the dire situation of economic, social and cultural rights in most developing countries renders the discussion of their limitation in developed countries somewhat inappropriate or at least awkward. Finally, certain researchers maintain that sometimes social rights are given lower status as a matter of ideological choice[2], while their real protection is difficult due to inequalities especially within the urban centres. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

The rise and current protective framework of economic, social and cultural rights in international human rights law

I. The global normative framework: indivisibility of civil and political rights and economic, social and cultural rights

1.  At the international level

References to human rights in general and economic, social and cultural progress and development in particular are already included in the UN Charter[3]. The first international instrument – albeit not legally binding[4] – that refers both to civil and political rights and economic, social and cultural rights is the Universal Declaration of Human Rights (UDHR)[5]. Civil and political rights – the so-called “first generation” rights – were distinguished from economic, social and cultural rights or “second generation” rights in that they required no positive action by the state in order to be safeguarded. The latter had only to refrain from interfering with the right. To the contrary, it was deemed that economic, social and cultural rights required the allocation of resources and public expenditure. Therefore, they were not of immediate implementation but could be achieved only progressively. During the Cold War, Western states considered civil and political rights to be the only enforceable rights. There is also a “third generation” of rights that comprises the rights to development, self-determination, healthy environment, natural resources, collective rights etc.[6].

One can easily draw the conclusion that this is an obsolete argument that cannot firmly support a human rights separation theory, since it has already been established in international human rights jurisprudence that abstention is not enough for the protection of civil and political rights but these require positive measures as well[7], while the Vienna Declaration and Programme of Action[8] reaffirmed that: “All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis”[9]. Even before that, the Proclamation of Teheran in 1968, stressed that “human rights and fundamental freedoms are indivisible, the full realization of civil and political rights without the enjoyment of economic, social and cultural rights is impossible”[10]. Moreover, the Committee on Economic, Social and Cultural Rights has repeatedly reaffirmed that human rights are “interdependent and indivisible”[11].

While most international human rights treaties of special protection contain provisions both for the protection of civil and political rights and economic, social and cultural rights, verifying thus their interconnected character[12], this approach was not followed by the UN Economic and Social Council when the issue of adoption of a universal covenant arose. At that time, the delegates considered that civil and political rights, on the one hand, and economic, social and cultural rights, on the other, could not be implemented in the same way[13]. The former required that states refrain from certain harmful action, while the latter could be implemented only progressively, by means of positive measures and appropriate legislative action.

Hence, the UN General Assembly took the policy decision to request the drafting and eventual adoption of two separate covenants, one dedicated to civil and political rights and the other to economic, social and cultural rights[14]. Both were submitted simultaneously for consideration to the General Assembly so that their unity could be emphasized; it was the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). They were adopted on the same day by the same UN General Assembly resolution[15]. However, the two moved hence on separate tracks.

The competent organ to control implementation of the ICCPR, through the consideration of periodic reports submitted by states-parties, is the Human Rights Committee[16]. On the contrary, monitoring of the ICESCR was entrusted initially to the ECOSOC, which had the duty to receive – through the intermediary of the UN Secretary General – and consider reports on the measures that states have adopted and the progress made in achieving the observance of the rights recognized in the ICESCR[17]. The Committee on Economic, Social and Cultural Rights was established only in 1985 under resolution 1985/17 (28 May 1985) of ECOSOC and was mandated to carry out henceforth the monitoring functions assigned to ECOSOC in Part IV of the ICESCR[18].

Furthermore, the ICCPR was equipped from the very beginning with an Optional Protocol which empowered the Human Rights Committee to receive and consider individual communications on alleged violations of the rights of the Covenant. Through the mechanism of individual communications the Human Rights Committee has accumulated a remarkable case-law, which is referred to very often by other international judicial and quasi-judicial human rights bodies. The Optional Protocol to the ICESCR, which established a similar individual complaints procedure regarding economic, social and cultural rights was adopted only in 2008 and entered into force on 5 May 2013. This lack of individual complaints mechanism constituted a major practical obstacle for those that supported the justiciability of economic, social and cultural rights.

2. At the European level

The same separation is prevalent within the European continent, where this differentiation of first and second generation rights was reflected in the adoption of two instruments having a different control mechanism. The main instrument of general human rights protection, the European Convention on Human Rights adopted in 1950 and binding on all Council of Europe member states[19], and its Additional Protocols recognise only civil and political rights (and the right to education from second generation rights by virtue of article 2 Protocol no 1). What is more, the instrument is vested with a unique implementation mechanism. A European Court of Human Rights (ECtHR) is entrusted with considering individual applications on human rights violations, issuing judgments that are binding upon the respondent state, while a political organ, the Committee of Ministers, is responsible for monitoring the compliance of the member state involved, whenever a violation is found by the ECtHR, through the proposal of individual and general measures to remedy the violations. While the ECtHR protects mainly civil and political rights, it also guarantees indirectly economic, social and cultural rights by interpreting them under the prism of civil and political rights[20].

Economic and social rights as such are guaranteed by the European Social Charter (1961) and the Revised European Social Charter (1996), ratified by 27 and 34 states respectively[21]. The instrument is equipped with an Additional Protocol providing for a system of collective complaints (1995). The monitoring organ in this case is not a court but rather a Committee, the European Committee of Social Rights (ECSR), which is composed of independent experts. The latter monitors the compliance of the contracting states through two procedures: the reporting procedure, according to which states are bound to submit national reports regarding the implementation of the provisions of the Charter, and the collective complaints procedure which allows for the lodging of complaints. The ESCR examines the reports and adopts conclusions, while in respect of collective complaints it adopts decisions. Neither of them is binding.

Finally, the Charter of Fundamental Rights, adopted in the framework of the EU and having the same legal value as the founding treaties by virtue of the entry into force of the Lisbon Treaty[22], translates in a binding document the indivisibility of human rights as it was officially recognised in the Vienna Plan of Action: human rights are universal, indivisible and interdependent and interrelated[23]. Therefore, the Charter includes all three sets of rights: a) classical first generation rights (civil liberties, political rights, judicial protection), b) second generation (economic, cultural and social rights), 3) third-generation rights e.g. protection of the environment. And rights that do not fit in any of the abovementioned categories, e.g. data protection, consumer protection. There is however a gap as to which social rights are declared as principles and which as justifiable rights.

II. The justiciability of economic, social and cultural rights[24]

Formerly there was much discussion on whether economic, social and cultural rights could be considered justiciable. The prevalent opinion was that civil and political rights and economic, social and cultural rights remain in two different legal instruments and the latter have not attained the same degree of justiciability and enforceability as civil and political rights. The main arguments against are the following[25].

The “policy argument”

  • First of all it was considered that the implementation of economic, social and cultural rights was clearly a matter of policy. According to this point of view, courts are an inappropriate forum to adjudicate and pronounce on issues of social policy. And in case they are called to adjudicate, they should accord a considerable margin of appreciation to the state authorities[26].

The “limited resources argument”

  • Moreover, since their effective protection required resources, it rested solely on the state to realize them progressively. Accordingly, states argue that they do not have adequate resources to provide even the most elementary socio-economic rights to their populations. Therefore, courts could not play an active role in this procedure, because otherwise they would have to meddle in the legislative and executive function by making the law rather than applying it. It would be, in other words, an impermissible form of judicial activism. The partisans of the progressive realization approach had an unexpected ally: article 22 UDHR which stated that “Everyone, as a member of society … is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality”.

The “effective remedy argument”

  • Another argument raised by those maintaining the non-justiciability of socio-economic rights is the fact that the ICESCR does not contain any provision on the duty of states to provide an effective remedy in the national legal order to individuals whose socio-economic rights have been violated. Indeed, the right to an effective remedy is a cornerstone provision in all human rights treaties protecting civil and political rights[27].

Those arguments representing a rather traditional view on the matter have thence been rebutted by the following[28].

The “violations approach”

  • One alternative, maintained by A. Chapman is the “violations approach”[29]. According to this, one should set aside the progressive realization of economic, social and cultural rights, which does not allow for their monitoring, and rather focus on the state conduct that violates these rights. Thus, violations could result from governmental measures that actually contravene the provisions of relevant international instruments or from the creation of conditions that do not foster or permit the realization of these rights and, last but not least, from policies and legislations that fail to fulfill minimum core obligations. For example, a state in which a significant number of individuals are deprived of essential foodstuffs, of primary health care, of basic shelter and housing or of basic education is failing to discharge its obligations under the ICESCR[30]. In that context, the Committee on Economic, Social and Cultural Rights has also stressed that vulnerable members of society must be protected, even in times of severe resources constraints, caused by adjustment programmes, economic recession or other factors[31].

The evolving role of courts in a democratic society

  • Another argument in favour of the justiciability of socio-economic rights relates to the role of courts in general in a democratic society. Indeed, a constant disagreement among lawyers is the difference between “legal” and “political” matters. One could seize the courts for the former but not the latter. For a long time it was suggested that matters involving the allocation of resources should be left to the political authorities rather than the courts. It is an invalid argument, if we take into account that a great range of matters have always political implications. This should not impede the courts from adjudicating on them. Likewise, courts are already involved in cases which have considerable resource implications. This approach has been also adopted by the Committee on Economic, Social and Cultural Rights, which has pointed out that the active involvement of courts in questions implicating socio-economic rights is imperative, in order to protect the rights of the most vulnerable and disadvantaged groups in society[32].

Economic, social and cultural rights that can be enforced immediately

  • Furthermore, one could distinguish between those socio-economic rights that could be enforced immediately and others that are by definition subject to progressive realization. The Committee on Economic, Social and Cultural Rights, in its General Comment no.3[33], asked for the provision of judicial remedies with respect to rights which may be considered justiciable. It also enumerated a non-exhaustive list of rights that “would seem capable of immediate application by judicial and other organs in many national legal systems”. These include the equal right of men and women to the enjoyment of all economic, social and cultural rights (article 3), the right of everyone to the enjoyment of just and favourable conditions of work (article 7a)i), the right of everyone to form trade unions and the right to strike (article 8), the rights of children (article 10 §3), the right of free and compulsory primary education (article 13 §2a), of parents and, when applicable, legal guardians to choose for their children schools (article 13 §3), the right of individuals and bodies to establish and direct educational institutions (article 13 §4), freedom indispensable for scientific research and creative activity (article 15 §3). As the Committee stated, “the fact that realization over time is foreseen under the Covenant, should not be misinterpreted as depriving the obligation of all meaningful content”[34].

Domestic application of the Covenant

  • Fourthly, the absence of a provision on effective remedies does not constitute per se an obstacle to the justiciability of economic, social and cultural rights. Although the ICESCR does not contain a counterpart to article 2 §3b ICCPR, it does stipulate that: “Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures” (article 2 §1). Pursuant to General Comment No. 9 of the Committee on Economic, Social and Cultural rights the phrase “appropriate means” also includes domestic legal remedies, which reinforce every other initiative[35]. According to the Committee: “Where the means used to give effect to the Covenant on Economic, Social and Cultural Rights differ significantly from those used in relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights”[36]. In the same vein, the Inter-American Court of Human Rights has used article 25 ACHR to request effective remedies for the demarcation and titling of indigenous land in cases where civil and political rights and economic, social and cultural rights intersect[37].

The “permeability principle”

  • Another way to address the question of justiciability is through the “permeability principle”[38]. According to this, civil and political rights are used as a basis for admitting complaints concerning economic, social and cultural rights. For instance, allegations regarding the violation of the right to adequate housing could be treated though the right to property or violations of the right to health could be admitted as a possible infringement of the right to life or the right to humane treatment. The contribution of the Inter-American Court of Human Rights case-law to this discussion is priceless. Indeed, the IACtHR cuts the Gordian Knot of the justiciability of socio-economic rights, by protecting them through the dynamic and broad interpretation of civil and political rights. In that way, the indivisibility and interconnected character of the two generations is reinforced, since economic, social and cultural rights are inherent in civil and political rights.

The impact of austerity measures on economic and social rights. Issues of effective protection

I. The position of the Committee on economic, social and cultural rights

The centrepiece of the ICESCR is the obligation on States parties to respect, protect and fulfil economic, social and cultural rights progressively, using their maximum available resources[39]. Moreover, states parties to the ICESCR have an immediate obligation to ensure the implementation of a minimum essential level of all economic, social and cultural rights. This minimum core[40] covers for instance all obligations that ensure an adequate standard of living such as essential health care, basic shelter and housing, basic forms of education etc. In order to achieve this goal, available resources have to be allocated proportionately. Thus, for instance, a budget that relies heavily on military expenditure will save little for education or health care. Even if available resources are totally inadequate, the state bears the burden of proof to demonstrate that it has used all its resources in a proper manner so as to cover the minimum core[41].

However, states enjoy a wide margin of appreciation (to borrow the phrase inaugurated by the ECtHR)[42] regarding the implementation of socio-economic rights. The obligation of progressive realization carries naturally the prohibition – albeit not absolute – of retrogression. According to General Comment no 3, any deliberate retrogressive measure, if not prohibited, requires “the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources”[43]. This obligation remains the same even in times of economic distress or adjustment programmes.

Hence, unlike the International Covenant on Civil and Political Rights, derogations are not allowed from the ICESCR even during times of economic emergency[44]. According to the Maastricht Guidelines on violations of economic, social and cultural rights, states are obliged to respect, protect and fulfil economic, social and cultural rights through appropriate legislative, administrative, budgetary, judicial and other measures and failure to observe this obligation may result in violation of said rights[45]. For instance, arbitrary or sweeping forced evictions, which are frequent in situations of economic crises[46], violate the right to housing. Withdrawal of basic labour standards protecting private employees may amount to a violation of the right to work. Last but not least, denial of basic health care may result to a violation of the right to health in extreme circumstances even of the right to life or the prohibition of degrading treatment.

Despite the fact that full realization of economic, social and cultural rights is achieved progressively, this does not alter the legal obligation of states to adopt measures immediately or as soon as possible to that direction. States are obliged to demonstrate that they are actually taking such measures and that they are making progress for the full realization of these rights. Thus, the notion of “progressive realization” cannot be used as a pretext to avoid full execution of the Covenant’s provisions. Furthermore, certain minimum core obligations such as essential foodstuffs, essential primary health care, basic shelter and housing, or the most basic forms of education have to be satisfied, irrespective of the economic distress or the availability of resources[47]. In a letter[48] addressed by the Chairperson Pillay to all states parties it is stressed that even though states are allowed to adopt austerity measures in order to overcome severe financial crises, however these decisions should not lead to the denial or infringement of economic, social and cultural rights, especially if this results in negative impacts on vulnerable and marginalized individuals such as the poor, women, children, persons with disabilities, older persons, people with HIV/AIDS, indigenous peoples, ethnic minorities, migrants and refugees. Hence, while adjustments in the implementation of economic and social rights are inevitable, these should not lead to regression. It is interesting that the Chairperson referred to “the pressure that is exercised on many States parties” without clarifying where this pressure comes from: the overall economic necessity or third parties?

In her letter the Chairperson also identifies four requirements that have to be met by adjustment programmes: a) they must be a temporary measure, b) they must be necessary and proportionate, c) they must not be discriminatory but they must strive to mitigate inequalities especially with regard to the disadvantaged, d) the minimum core content of economic and social rights, as developed by the International Labour Organization, must be ensured at all times. Strangely enough, these requirements are identical to those applied for derogation measures from civil and political rights during states of emergency[49].

II. The case-law of the European Court of Human Rights

Even before the current economic crisis, the ECtHR had rendered judgments that included an economic dimension: violation of the right to life regarding the death of fifteen children in a home for children with severe mental disabilities due to lack of food, heating and basic care[50], inadequate access to health care for detainees or asylum-seekers raising issues under articles 2 and 3 ECHR[51], health rights of prisoners[52], violation of article 8 ECHR due to the planned eviction of Roma from an unlawful settlement without proposals for rehousing[53], total deprivation of a social pension[54], qualification of all social benefits as possessions even if they are non-contributory, so as to be covered by article 1 of Protocol No. 1 ECHR[55] etc. Of particular interest was a case regarding insufficient amounts of pension and the allegation of the applicant that this amounted to inhuman treatment, although the Court did not find a violation[56].

With regard to austerity measures adopted by states embroiled in budgetary crises and adjustment programmes, the European Court of Human Rights has already set a clear legal precedent. In Da Silva Carvalho Rico/Portugal the outcome was quite predictable: the ECtHR has dismissed the case applying the “proviso of the possible” doctrine[57]. According to this theory, borrowed by German constitutional law and applied by the Portuguese Constitutional Court as well, the state cannot be forced to comply with its obligations in the framework of social rights if it does not possess the economic means to do so[58]. Thus, budgetary constraints on the implementation of social rights can be accepted provided that they are proportionate to the public aim sought and they do not deprive the right of its substance. With a similar reasoning, the Court declared manifestly ill-founded applications against pension reductions for civil servants in Portugal[59] or the temporary reduction in the pensions of judges in Lithuania[60] which had their origin in austerity measures as a response to the economic crisis.

Against this background, we are waiting with extreme anticipation the judgment of the Grand Chamber that will reconsider the case Béláné Nagy/Hungary. The Chamber has already found that the removal of a disability pension through consecutive amendments to the eligibility criteria was considered excessive and disproportionate, thus constituting a violation of article 1 of Protocol No. 1[61].

The global economic crisis of 2007-2008 and its impact on Greece

I. The beginning of the crisis

The causes of the global economic crisis of 2008 have already been extensively discussed and will certainly continue to preoccupy political economists in the years to come, especially insofar as no safe exit from the overall crisis is yet envisaged. Consequently, we will not purport to delve into the multifaceted causes of the financial crisis, but rather to offer an overview of it and most importantly the way it has impacted on Greece and how it prompted the relevant austerity measures.

The financial crisis traces its roots in the USA back in 2007. The crisis hit initially a small segment of the financial markets, namely subprime mortgages, but soon it resulted in global recession[62]. Shortly after the initial blow, many financial institutions mostly in developed countries have been affected. National governments were required to bailout banks; the housing market was affected resulting in evictions, while prolonged unemployment became a quasi-permanent feature of contemporary societies. The crisis has had an adverse impact both in developed and developing countries, the latter mainly through the trade channel or through workers’ falling remittances[63]. According to reports, the losses of gross domestic product amounted to 10% of global output in 2008-2010, while the loss in values of assets and the loss of personal income precipitated by the austerity measures cannot still be calculated with certainty[64].

II. The immediate aftermath: the European sovereign debt crisis

The global financial crisis resulted in a European sovereign debt crisis in the end of 2008-2009 which affected primarily Iceland, Greece, Portugal, Ireland, Spain and Cyprus. The affected countries were unable to repay government debt or to bail out over-indebted banks without the assistance of third parties. Given the particularities of the European integration – the eurozone is only a currency union and not a fiscal union thus member states maintain different tax, remuneration and pension rules – the options available to political leaders to react were limited. In fact, EU and the eurozone in particular had no contingency plan to counter the effects of an economic crisis of such a magnitude.

The first mechanism that was put in place was the European Financial Stability Facility (EFSF). The EFSF was established in June 2010 as a “société anonyme” under Luxembourgish law and has provided financial assistance to Ireland, Portugal and Greece, through the issuance of bonds and other debt instruments on capital markets. It has 17 shareholders, namely the eurozone member states. Since 1.7.2013 the EFSF is not allowed to engage in new financing programmes or enter into new loan facility agreements. The EFSF assistance programme for Greece expired on 30 June 2015[65].

It was replaced by the European Stability Mechanism (ESM), a permanent international financial institution, established by an intergovernmental treaty signed by the euro area member states on 2 February 2012[66]. ESM is a crisis resolution mechanism, providing stability support to eurozone countries threatened by severe financing problems. Its financial assistance is not funded with taxpayer money; the funds are rather acquired by issuing capital market instruments and engaging in money market transactions. ESM has 19 shareholders – the euro area member states – and is open for membership to all EU member states that will adopt the euro as their sole currency in the future. Since 1 July 2013 it is the sole mechanism for responding to new requests for financial assistance and has thus far assisted Greece, Cyprus and Spain, the first two through loans subject to macroeconomic adjustment programmes and the latter through a loan to government for bank recapitalization. Greece is the sole eurozone member state that has received support from both institutions and the only one to remain in the ESM stability programme. Cyprus has exited successfully the programme on 31.3.2016, while the financial assistance programme for Spain expired on 31.12.2013[67].

Participation in these financial stability mechanisms entails as a short- and long-term consequence the adoption of austerity measures and far-reaching privatization programmes. In fact, austerity measures were the primary political choice of governments in their effort to stem the effects of the economic crisis and reduce deficit and public debt[68]. Even when applied with restraint, austerity measures have an adverse impact on the enjoyment of acquired economic and social rights and thus on our ordinary and everyday life. This approach was inaugurated by the International Monetary Fund that implemented the Structural Adjustment Facility in 1986 and the Enhanced Structural Adjustment Facility one year later, making financial assistance conditional on the implementation of neoliberal structural adjustment programmes impacting adversely on human rights[69].

III. The impact of the economic crisis on Greece

1. The financial assistance provided to Greece

Due to its macroeconomic imbalances[70] and the lack of flexibility resulting from its status as a eurozone member state, Greece was the first eurozone country affected by the global economic crisis. Overcoming the “no bail-out” clause of article 125 of the Treaty on the Functioning of the EU, which prohibits the Union and individual member states from assuming the commitments of governments and other public authorities[71], the first financial assistance package for Greece was agreed in April 2010 and consisted of bilateral loans from eurozone member states and the International Monetary Fund (the so-called Greek Loan Facility).

However, the Greek Loan Facility was inadequate to counter a more or less systemic crisis. Therefore, in March 2012 the Eurogroup approved a second support programme for Greece, provided again by the Eurozone member states and the IMF. This time, the Eurozone assistance was not provided though bilateral loans but through the EFSF. Furthermore, the Eurozone member states decided to apply the procedure of the Private Sector Involvement (PSI) in the restructuring of the public debt. Thus, in May 2012 about 97% of privately held bonds took a 53,5% cut of the face value of the bond, corresponding to an approximately 107 billion euro reduction in Greece’s debt.

Overall political instability and reluctance of the Greek governments to adopt and implement measures and reforms requested by its lenders led to another impasse in the summer of 2015 when Greece, unable to repay its debts, arrived very close to official insolvency. Controls were imposed on Greek banks to avoid a massive flow of capital and the Greek government decided to submit a request for financial assistance to the ESM. After laborious negotiations of 17 hours the parties reached an agreement (the Financial Assistance Facility Agreement) on 13 July 2015. The agreement was approved by national parliaments and on 19 August 2015 by the ESM Board of Governors. The precise amount of ESM financial assistance will depend on the IMF’s decision regarding its participation in financing the programme, and on the success of reform measures by Greece, including the privatisation of state assets[72].

2. The measures adopted

In order to receive the financial support packages, Greece was requested to adopt a series of specific measures of adjustment the implementation of which was monitored in the first two phases (Greek Loan Facility and EFSF) by officials from the European Commission, the European Central Bank and the IMF, the so-called “Troika”, a unique institution of an ad hoc nature whose establishment lacked an appropriate legal basis in primary EU law. For this purpose a Memorandum of Understanding was signed between the member state concerned and the “Troika”, whereby the member state – in our case Greece – undertook to carry out a number of actions in exchange for financial assistance. The assistance was provided on the basis of strict conditionality; thus the successive Greek governments enjoyed limited leeway in the adoption of the measures required to overcome the crisis[73]. The same stands for the ESM: a set of prior actions were requested urgently in order to enter into negotiations for the reform agenda as it was set out in the most recent Memorandum of Understanding which was approved by the ESM Board of Governors on 19 August 2015 following its endorsement by ESM members according to their national procedures. The MoU of August 2015 focuses on four key areas: restoring fiscal sustainability; safeguarding financial stability; boosting growth, competitiveness and investment; and reforming the public administration.

Given the urgency of the situation, the measures adopted at the national level in the course of the three successive financial assistance packages were not carefully balanced leading to restrictions on economic and social rights. A series of laws, presidential decrees and ministerial decisions form the backbone of the austerity legislation. Due to their high number and lengthy content a detailed analysis of the said legal documents is beyond the scope of the present article. We will provide a selection of the most representative legislations adopted and we will focus on the ones that are detrimental on the social rights selected for analysis in the present article: social security and labour rights.

The first set of social rights attacked by austerity measures were labour rights and social security rights. A set of laws[74] introduced tectonic changes, amongst which figure the following[75]:

  • modifications to both public and private pension schemes;
  • reduction of public sector wages by 12% and later a further reduction of 3%.;
  • remuneration of special apprenticeships for people between 15-18 years old with 70% of the general minimum wage, while new entrants in the labour market under the age of 25 would be remunerated with 84% of the general minimum wage;
  • establishment of the wage setting system by law, whereas the minimum wage would be determined by a government decision, after consultation with the social partners;
  • reduction of the general minimum wage by 22% for workers older than 25 years old and by 32% for younger workers;
  • precedence of the company level CEAs over sectoral or occupational ones even if the latter contained more favourable provisions, provided that the safety net of the National General Collective Agreement is observed;
  • arbitration procedures could be initiated only upon mutual consent of the parties, while the arbiter shall take into consideration the economic distress and the requirements of the adjustment programme;

 

Austerity legislation and effective protection of economic, social and cultural rights[76] in Greece

I. Social security rights

Article 12 of the European Social Charter guarantees the right to social security. Pensions are a principal branch of social security[77]. Both the European Court of Human Rights and the European Committee of Social Rights examined cases related to pension cuts, reaching totally different conclusions.

In Koufaki and ADEDY/Greece, the ECtHR found no violation of article 1 Protocol 1 ECHR, guaranteeing the right to property. The Strasbourg court reaffirmed the wide margin of appreciation that states enjoy with regard to their social policy and concluded that the reductions pursued a legitimate aim and were not disproportionate[78]. Moreover, there was no evidence that the applicant run the risk of falling below the subsistence threshold, while the removal of the thirteenth and fourteenth months’ pensions had been offset by a one-off bonus.

To the contrary, the European Committee of Social Rights, concluded in five decisions on collective complaints against Greece that the cumulative effect of the modifications of the pensioners’ social protection were a violation of the right to social security under Article 12 ESC[79]. In particular, the Committee ruled that certain restrictions such as those related to holiday bonuses, restrictions of pension rights in cases where the level of pension benefits is a sufficiently high one and in cases where people are of such a low age that it is legitimate for the state to conclude that it is in the public interest for such persons to be encouraged to remain part of the work-force than to be retired, did not in themselves constitute a violation of the ESC. However, the cumulative effect of the restrictions would bring about an overall degradation in the standard of living of the pensioners concerned.

It is interesting that the Greek Government tried to conform to the decision of the European Committee of Social Rights by notifying to the Committee of Ministers the measures it had taken to remedy the violations. The measures had a twofold approach: firstly the protection of vulnerable groups and secondly the improvement of the social security system. As to the first pillar, the government asserted that the pensions below 1000 euros would be guaranteed, the Benefit of Social Solidarity (EKAS) which is a non-retributive benefit for the protection of the elderly with low pensions would continue to be granted, a pension of 360 euros would be granted for the non-insured elderly based on certain conditions, while according to Law 4052/2012, the programme “Pensioner’s homecare” had been established. It had also introduced favourable regulations regarding the payment of the Extraordinary Special Property Tax, tax exemptions for certain types of pensions, as those granted to war victims, war invalids, blind persons or invalids and beneficiaries of EKAS, while cuts on pensions were not made if the beneficiary or members of his family receive small pensions, or are invalids[80]. As to the improvement of the social security system, the government tried to counter problems of fraud in social security and incidents of “contribution evasion”

While the measures notified are in themselves welcome, it is doubtful whether they are going to last, especially as there is no sign of overcoming the crisis and Greece is supposed to introduce further measures in view of the ESM assistance package she is going to receive.

Contrary to the hesitant approach of the ECtHR regarding the right to social security in economic emergencies, the Inter-American Court of Human Rights has consistently applied a different approach. In case “Five Pensioners”/Peru[81] the problem was the reduction by 78% of the pensions of the public sector workers while by law and Constitutional Court judgments their pension was planned to gradually equalize the salary they used to receive. The Inter-American Commission on Human Rights claimed the violation of articles 21 (right to property), 25 (right to judicial protection) and 26 (progressive development) of the Convention. The respondent state, for its part, invoked the argument of the state of emergency due to the economic crisis that it faced at that time.

The Court dwelt upon two questions: a) whether the right to a pension could be considered an acquired right, and b) what parameters should be taken into consideration to quantify the right to a pension, and whether it is possible to cap a pension[82].

Although the first question has been answered in the negative by the ECtHR in Koufaki and ADEDY/Greece[83], the IACtHR followed its own path of reasoning, assisted in part by the Constitution of the country and the jurisprudence of its Constitutional Court. Indeed, the former stipulated in its provisions that the “social regimes established for the pensions of public sector employees do not affect legally acquired rights, particularly the right corresponding to the regimes of Decree Laws 19990 and 20530”[84] (these decrees constitute the legal basis for the granting of the pensions in question). Furthermore, the Constitutional Court indicated that, once the requirements for granting a pension set forth in Decree Law No. 20530 have been fulfilled, the employee: “[…] incorporates into his patrimony, by virtue of the express authority of law, a right that is not subject to recognition by the Administration, that is not something that the law grants in some way, that, as has been recalled, arises from compliance with the requirements established by law. Thus, those who were subject to the regime of Decree Law 20530 and who, until the entry into force of Legislative Decree 817 had already complied with the requirements indicated in the norm, that is, they had worked for twenty years or more, have the right to an equalized pension, in accordance with the provisions of Decree Law 20530 and its modifying provisions”[85]. Bearing into consideration the foregoing, the IACtHR concluded that the right to property, stipulated in the ACHR, protects also the right of the applicants to receive an equalized retirement pension in the sense that it is an acquired right[86]. The Court referred also to the limitation clause of the San Salvador Protocol (article 5), holding that, although states may restrict the enjoyment of socio-economic rights in order to preserve the general welfare in a democratic society, and consequently the right to property, such restriction should take place only through the appropriate legal procedure[87]. However, in the instant case no legal process has been applied.

What is most important in the Court’s reasoning is indeed its approach of the right to property in conjunction with the right to a pension. The Court emphasized that from the time that a pensioner pays his contributions to the pension fund, ceases to work for the institution in question and opts for the retirement regime set forth in the law, such pensioner acquires the right to have his pension governed by the terms and conditions established in such law. It is a very important statement, especially if we take into account the adjustments brought about to pension systems all over the world due to the current economic crisis[88]. The Court applied the same reasoning in another case brought before it by the Commission against Peru[89].

Of particular interest is the dictum of the Court regarding the violation of article 26 of the American Convention on Human Rights. The Court did not deny its violation. Instead, it refused to pronounce upon it, stressing that the progressive development of economic, social and cultural rights should be measured in relation to the growing coverage of the right to social security and to a pension of the entire population and not in the circumstances of a very limited group of pensioners[90]. In any case, it did not preclude a prospective violation of the article in the factual and legal framework of another case[91].

 II. Labour rights

The right to a decent remuneration which is enshrined in article 4 of the European Social Charter[92] was examined thoroughly by the ECSR in complaint no. 66/2011. The Committee examined the differentiated reduction of the minimum wage of people under 25 and it concluded that it constituted a violation of the right to fair remuneration[93]. The Committee held that although in certain circumstances it is acceptable to pay a lower minimum wage to young workers, this wage must under no circumstances fall under the poverty level of the country. In the same set of decisions (no 65/2011), the Committee has found further violations of article 4 ESC, in particular para. 4. More specifically, the Greek state by equating the first twelve months of employment in an open-ended contract with a trial period, made dismissal without notice or compensation possible during this period, thus violating directly article 4 para. 4 ESC.

Unlike the decisions on violations of the right to social security, where the Greek Government has introduced measures of remedy, here the Greek delegation before the Committee of Ministers, while accepting the conclusions of the ECSR, it pointed out that the measures were of a provisional nature and that the Greek Government had the firm intention to revoke these measures as soon as the economic situation of the country would allow. However, due to the political and economic constraints, “it was not possible to envisage a set timeframe, although it was unlikely that tangible results in Greece would be apparent before 2015”[94].

In this respect we should also cast an eye on the jurisprudence of the Inter-American Court of Human Rights. The right to salary was central in case Abrill Alosilla et al./Peru[95], regarding the retroactive application of decrees that between 1991 and 1992 eliminated the salary scale system that was in effect. Although the state acknowledged its international responsibility before the Commission (in relation to the right of “amparo” – article 25 ACHR – and not the right to property – article 21 ACHR), the failure to conclude promptly a friendly settlement brought the case before the IACtHR.

In this case, the Court did not make any specific reference to economic, social and cultural rights or the San Salvador Protocol. Nevertheless, the national legal documents examined by the Court (judgments of the Constitutional and Social Law Chamber of the Supreme Court of Justice) and the facts of the case imply the violation of socio-economic rights and in particular the right to receive remuneration.

The issue in question was the repeal, by virtue of decrees with retroactive effect, of the salary adjustment system known as “salary scales”.  This system was not subject to collective bargaining and consisted of the automatic adjustment of monthly remuneration for the personnel at that time denominated as Functionaries and Senior Management, taking as its basis a) the remuneration of the unskilled laborer or lowest position at the company and b) the Salary Scales or Indexes, or Variation Coefficients previously established and assigned to each position. In effect, each time the company increased the salary of the lowest positions as a consequence of a collective bargaining process, by necessity it also resulted in increases for the other positions in the company that could not benefit from that process[96]. The suppression of the “salary scales” system had as a result not only the reduction of salaries but also the retroactive collection of payments[97].

The Court reminded that it has developed a broad concept of property and that it has, through article 21 ACHR, protected vested rights, which are understood as “rights that have become part on an individual’s wealth”[98]. It also emphasized that the principle of non-retroactivity of the law meant that the new law does not have the authority to regulate juridical situations that have been duly consolidated. In this respect the IACtHR observed that the “salary scales” system had generated an increase in wages that had become part of the wealth of the victims, i.e. a vested right. The Court differentiated between the system of salary adjustments, which was not a right of the victims per se, and the salary increases already received that had already become part of the workers’ wealth. In effect, the latter constituted a vested right that was affected by the retroactive application of the law, resulting in violation of the right to property[99].

One should note the “human face” shown once more from the Court, regarding the personal situation of the applicants. In effect, the IACtHR paid particular attention to the fact that all workers had organized their finances based on their salaries and that the salary reduction compromised their opportunity to provide, for instance, economic support to sick family members, while some of them were obliged to sell possessions. It is a human approach that we rarely observe in an international tribunal, even a human rights one[100].

Concluding remarks

Even though international bodies reaffirm in every occasion that retrogression in the protection of economic, social and cultural rights is prohibited and despite the reassurances of the Greek government in one set of complaints before the ECSR that it is doing everything possible to guarantee the protection of vulnerable groups, the situation in Greece is far from stabilising or improving. The new request of assistance before the ESM brings along a new series of measures affecting socio-economic rights (Laws 4389/2016 and 4387/2016) and a great array of privatisations in public assets and organisations that touch upon the minimum core of social rights. A salient example is the announced privatisation of the Athens and Thessaloniki Water and Sewerage Company against the ruling of the Greek Council of State[101] that such a move could put public health at risk due to the uncertainty regarding the quality and affordability of the services[102]. We have a long way ahead until we can declare with certainty that socio-economic rights in Greece enjoy the level of protection they did before the economic crisis.

Notes

[1] Loi travail : 17 % de grévistes à la SNCF pour la première journée de grève illimitée, Le Monde.fr avec AFP, 01.06.2016, http://www.lemonde.fr/economie/article/2016/06/01/loi-travail-debut-d-un-mouvement-de-greve-illimitee-a-la-sncf_4929935_3234.html

[2] Garcia Pedraza P., Crisis and social rights in Europe. Retrogressive measures versus protection mechanisms, Institute for Human Rights, Åbo Akademi University, 2014, p. 18.

[3] See articles 1, 55, 56, 61, 62, 68.

[4] There is a general consensus that most of the human rights norms enumerated in the UDHR have acquired a status of customary law, see in particular, Henkin L., The age of rights, Columbia University, New York, 1990; Meron T., Human rights and humanitarian norms as customary law, Clarendon Press, Oxford, 1989. This argument is further corroborated by the fact that the UN Human Rights Council in its Universal Periodic Review mechanism (established in 2006 by virtue of UNGA res. 60/251) is using as a reference instrument not only the human rights treaties binding upon states and the UN Charter but also the UDHR.

[5] UNGA res. 217 A/10.12.1948.

[6] For this categorization see Karel V. Human rights: A thirty year struggle. The sustained efforts to give force of law to the Universal Declaration of Human Rights. UNESCO Courier, 30:11, Paris, November 1977. Contemporary scholars have overridden this conceptualization (see infra).

[7] Mowbray A., The development of positive obligations under the European Convention on Human Rights, Human Rights Law in Perspective, vol. 2, Hart Publ., Oxford-Portland Oregon, 2004.

[8] Adopted by the World Conference on Human Rights in Vienna on 25 June 1993.

[9] ibid. Part. I, §5.

[10] Proclamation of Teheran, Final Act of the International Conference on Human Rights, Teheran, 22 April to 13 May 1968, U.N. Doc. A/CONF. 32/41 at 3 (1968).

[11] See for instance, General Comment no 9 “The domestic application of the Covenant”, UN doc. E/C.12/1998/24, 3.12.1998: “The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent”, §10.

[12] International Convention on the elimination of all forms of racial discrimination, UNGA res. 2106 (XX), 21.12.1965; Convention on the Elimination of all forms of discrimination against women, A/RES/34/180, 18.12.1979; Convention on the rights of the child, A/RES/44/25, 20.11.1989; International Convention on the protection of the rights of all migrant workers and members of their families, A/RES/45/158, 18.12.1990; Convention on the rights of persons with disabilities, A/RES/61/106, 24.1.2007.

[13] See for an account of the relevant discussion, Craven M., The International Covenant on Economic, Social and Cultural Rights: a perspective on its development, Clarendon Press, Oxford, 1995; Eide A., Economic, social and cultural rights as human rights, in Falk R., Human rights: critical concepts in political science, Routledge, London, 2008, p. 299-318.

[14] See A/RES/6/543, 4.2.1952.

[15] A/RES/2200(XXI) A, 16.12.1966. ICCPR has 167 ratifications, whereas ICESCR 160.

[16] Arts 28 et seq. ICCPR. Similar committees of independent experts have been set up by all core human rights treaties.

[17] Art. 16 ICESCR. The procedure of examination is described in arts 16-23 ICESCR.

[18] “Review of the composition, organization and administrative arrangements of the Sessional Working Group of Governmental Experts on the Implementation of the International Covenant on Economic, Social and Cultural Rights”, Economic and Social Council resolution 1985/17.

[19] Convention for the Protection of Human Rights and Fundamental Freedoms (as amended by Protocols no 11 and 14), Rome 4 XI 1950, ETS 005.

[20] The Council of Europe promotes the indivisibility of human rights and the ECtHR has emphasised already in its very early jurisprudence that “there is no water-tight division” between social and economic rights and civil and political rights, Airey/Ireland, appl. no. 6289/73, judgment 9.10.1979, para. 26. The regional court that has an extensive jurisprudence on economic, social and cultural rights through an expansive interpretation of civil and political rights is the Inter-American Court of Human Rights, see in that respect Saranti V., Economic, social and cultural rights in the Western Hemisphere under the prism of the Inter-American Court of Human Rights case-law, Annuaire International des Droits de l’Homme, VII/2012-2013, p. 515-553.

[21] Greece ratified the European Social Charter on 6 June 1984 by virtue of Law 1426/1984 accepting 67 of the Charter’s 72 articles. The Revised European Social Charter has been ratified on 18 March 2016. Greece has also ratified the Additional Protocol and has accepted the system of collective complaints on 18 June 1998. However, it has not made the declaration that would allow non-governmental organisations to submit collective complaints.

[22] In 2000 the European Parliament approved the Charter which was given legally binding force in 2010 when it was incorporated into the consolidated version of the TEU, by virtue of article 6 TEU that declared that the Charter shall have the same legal value as the Treaties. However, UK and Poland have chosen for a special status through the Protocol on the Application of the Charter of Fundamental Rights of the EU to Poland and to the United Kingdom. Pursuant to this instrument, the ability of the Court of Justice of the EU or any other court or tribunal of Poland or of the United Kingdom is not extended to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that are reaffirmed by the Charter. Thus the Charter does not create justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom have provided for such rights in their national law. See http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:0156:0157:EN:PDF

[23] Vienna Declaration and Programme of Action, Adopted by the World Conference on Human Rights in Vienna on 25 June 1993, §5,  http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx

[24] See for a general discussion Coomans F. (ed.), Justiciability of economic and social rights. Experiences of domestic systems, Intersentia, Antwerp, 2006; de Schutter O., International human rights law, Cambridge University Press, 2010, p. 740-771; Langford M. (ed.), Social rights jurisprudence: emerging trends in international and comparative law, CUP, 2009; Liebenberg S., The protection of economic and social rights in domestic legal systems, in Eide A., Krause C., Rosas A. (eds.), Economic, Social and Cultural Rights. A textbook, 2nd ed., Martinus Nijhoff Publ., 2001, p. 55-84; Matscher F. (ed.), The implementation of economic and social rights: national, international and comparative aspects, N. P. Engel, Kehl am Rhein, 1991; Ramcharan B.G. (ed.), Judicial protection of economic, social and cultural rights, Martinus Nijhoff Publ., Leiden, 2005; Scheinin M., Economic, social and cultural rights as legal rights in Eide A., Krause C., Rosas A. (eds.), Economic, Social and Cultural Rights. A textbook, 2nd ed., Martinus Nijhoff Publ., 2001, p. 29-54.

[25] Dennis M.J., Stewart D.P., Justiciability of economic, social and cultural rights: should there be an international complaints mechanism to adjudicate the rights to food, water, housing and health? 98 AJIL, 2004, p. 462-515 ; Bossuyt M., La distinction juridique entre les droits civils et politiques et les droits economiques, sociaux et culturels, 8 Revue des Droits de l’Homme, 1975, p. 783-820; Vierdag E.W., The legal nature of the rights granted by the International Covenant on Economic, Social and Cultural Rights, 9 Netherlands Yearbook of International Law, 1978, p. 69-105.

[26] For instance, the European Court of Human Rights has repeatedly reaffirmed that states parties enjoy a wide margin of appreciation, when they determine their social policy, especially if their resources are limited and they have to set priorities, see Koufaki and ADEDY/Greece, nos. 57665/12 and 57657/12, decision 7.5.2013, §31 ; Terazzi S.r.l./ Italy, no 27265/95, 17.10.2002 ; Wieczorek/Poland, no 18176/05, 8.12.2009 ; Jahn et al./Germany, nos 46720/99, 72203/01 and 72552/01; Mihaieş and Senteş/ Romania, nos 44232/11 and 44605/11, decision 6.12.2011 ; Frimu and 4 other applications/Romania, nos 45312/11, 45581/11, 45583/11, 45587/11 and 45588/11, decision 7.2.2012, §§40, 42 ; OReilly et al./Ireland, no 54725/00, decision 28.2.2002 ; Pentiacova et al./Moldova, no 14462/03, decision 4.1.2005 ; Huc/Romania and Germany, no 7269/05, decision 1.12.2009, § 64.

[27] See art. 2 §3 ICCPR, art. 13 ECHR, 25 ACHR. The African Charter on Human and Peoples’ Rights does not contain an equivalent provision. However, article 26 of that instrument stipulates that: “States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter”.

[28] See, van Hoof G.J.H., The legal nature of economic, social and cultural rights: a rebuttal of some traditional views, in Alston P., Tomasevski K. (eds.), The right to food, Martinus Nijhoff Publ., 1984, p. 97-110.

[29] Chapman A., “Violations approach” for monitoring the International Covenant on Economic, Social and Cultural Rights, 18 Human Rights Quarterly, 1996, p. 23-66. Also, Chapman A., Russell S. (eds.), Core obligations: building a framework for economic, social and cultural rights, Intersentia, Antwerp, 2002.

[30] Committee on Economic, Social and Cultural Rights, General Comment no. 3, “The nature of states parties’ obligations (art. 2 §1 of the Covenant)”, UN doc. E/1991/23-E/C.12/1990/8, Annex III, §10.

[31] ibid. §12.

[32] General Comment no. 9, “The domestic application of the Covenant”, UN doc. E/1999/22, §10. See also decisions of national courts that give effect to socio-economic rights such as the right to housing, the right to education and the right to food, Government of the Republic of South Africa/Grootboom and others, Constitutional Court of South Africa, judgment of 4.10.2000; Yated – Non – Profit Organization for Parents of Children with Down Syndrome and 54 Parents/Ministry of Education, Supreme Court of Israel, judgment of 14.8.2002 (HCJ 2599/00); People’s Union for Civil Liberties and another/Union of India and others, Supreme Court of India, judgment of 2.5.2003. Relevant excerpts are quoted in de Schutter O., International human rights law, Cambridge University Press, 2010, p. 751 et seq.

[33] “The nature of states parties’ obligations (art. 2 §1 of the Covenant)”, UN doc. E/1991/23-E/C.12/1990/8, Annex III, §5.

[34] ibid. §9. See also the Limburg Principles on the Implementation of the ICESCR, UN doc. E/CN.4/1987/17, “Although the full realization of the rights recognized in the Covenant is to be attained progressively, the application of some rights can be made justiciable immediately while other rights can become justiciable over time” (principle no 8).

[35] Similarly, despite the absence of a clause on effective remedies in the Convention on the Rights of the Child, the respective Committee has emphasized that effective national remedies must be available to redress violations, underlining that “economic, social and cultural rights, as well as civil and political rights, must be regarded as justiciable”, see General Comment no. 5 “Implementation of the Convention on the Rights of the Child, arts 4, 42 and 44 §6, UN doc. CRC/GC/2003/5, 27.11.2003.

[36] General Comment no. 9, “The domestic application of the Covenant”, UN doc. E/1999/22, §7.

[37] See, for instance, Mayagna (Sumo) Awas Tingni/Nicaragua, 31.8.2001.

[38] Office of the UN High Commissioner for Human Rights, Economic, Social and Cultural Rights. Handbook for National Human Rights Institutions, New York and Geneva, 2005, p. 50.

[39] Art. 2 para. 1 ICESCR.

[40] See General Comment no 3 The nature of States parties’ obligations (art. 2, para. 1, of the Covenant), §10,  “a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant”.

[41] Sepúlveda Carmona M., Alternatives to austerity: a human rights framework for economic recovery, in Nolan A. (ed.), Economic and social rights after the global financial crisis, CUP, 2014, pp. 25-27.

[42] In the “Maastricht Guidelines” it is described as “margin of discretion”, Masstricht Guidelines on Violations of Economic, Social and Cultural Rights, Maastricht, January 22-26, 1997, para. 8.[43] General comment No. 3:  The nature of States parties’ obligations (art. 2, para. 1, of the Covenant), Fifth session (1990), UN doc. E/1991/23, para. 9.

[44] See, Press Release no 71/16, Inter-American Commission on Human Rights Expresses its Concern Regarding the Declaration of a “State of Exception and Economic Emergency” in Venezuela, June 1, 2016.

[45] January 22-26, 1997, para. 6. “On the occasion of the 10th anniversary of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (hereinafter ‘the Limburg Principles’), a group of more than thirty experts met in Maastricht from 22-26 January 1997 at the invitation of the International Commission of Jurists (Geneva, Switzerland), the Urban Morgan Institute on Human Rights (Cincinnati, Ohio, USA) and the Centre for Human Rights of the Faculty of Law of Maastricht University (the Netherlands). The objective of this meeting was to elaborate on the Limburg Principles as regards the nature and scope of violations of economic, social and cultural rights and appropriate responses and remedies”, Maastricht Guidelines, Introduction. See, https://www1.umn.edu/humanrts/instree/Maastrichtguidelines_.html

[46] Almost 100 families evicted daily in Spain – statistics, Published time: 6 Mar, 2015, https://www.rt.com/news/238349-spain-families-lose-homes/

[47] “Maastricht Guidelines”, para. 9.

[48] CESCR/48th/SP/MAB/SW, 16.5.2012, http://www2.ohchr.org/english/bodies/cescr/docs/LetterCESCRtoSP16.05.12.pdf

[49] Human Rights Committee, General Comment no 29, States of emergency (article 4 ICCPR), UN doc. CCPR/C/21/Rev.1/Add.11.

[50] Nencheva and others/Bulgaria, appl. no. 48609/06, judgment 18.6.2013, paras. 117 et seq.

[51] Nitecki/Poland, appl. no. 65653/01, judgment 21.3.2002.

[52] Alexsanyan v. Russia, appl. no. 46468/06, judgment 22.12.2008

[53] Yordanova and others/Bulgaria, appl. no. 25446/06, judgment 24.4.2012. See also Winterstein/France, appl. no. 27013/07, judgment 17.10.2013.

[54] Kjartan Ásmundsson/Iceland, appl. no. 60669/00, judgment 12.10.2004; Moskal/Poland, appl. no. 10373/05, judgment 15.9.2009, Larioshina/Russia, appl. no. 56869/00, decision 23.4.2002; Kutepov and Anikeyenko/Russia, appl. no. 68029/01, decision 25.10.2005; Budina/Russia, appl. no. 45603/05, decision 18.6.2009.

[55] Stec and others/ the United Kingdom, appl. nos. 65731/01 and 65900/01, decision 6.7.2005.

[56] Larioshina/Russia, op.cit. See, in general, ECtHR, Seminar Background Paper, 25 January 2013, Implementing the European Convention on Human Rights in times of economic crisis, http://www.echr.coe.int/Documents/Seminar_background_paper_2013_ENG.pdf; Steering Committee for Human Rights (CDDH), The impact of the economic crisis and austerity measures on human rights in Europe, Feasibility study, 84th meeting 7 – 11 December 2015, CDDH(2015)R84 Addendum IV, http://www.coe.int/t/dghl/standardsetting/cddh/CDDH-DOCUMENTS/CDDH%282015%29R84%20Addendum%20IV_EN.pdf

[57] “Vorbehalt des Möglichen”. See, for this doctrine in constitutional law Perlingeiro R., Does the precondition of the possible (Vorbehalt des Möglichen) limit judicial intervention in social public policies? NLUO Law Journal, vol. II, issue I, August 2015, pp. 20-45.

[58] Da Silva Carvalho Rico/Portugal, appl. no 13341/14, decision 1.9.2015, par. 44.

[59] Da Conceiçã Mateus and Santos Januário/Portugal, appl. nos. 62235/12 and 57725/12, decision 8.10.2013

[60] Savickas and Others/ Lithuania, appl. nos. 66365/09 et al., decision of 15.10.2013.

[61] The dissenting judges contented that the majority has expanded the scope of the right to property, since article 1 of Protocol No. 1 has never been interpreted “by this Court as obliging member States to provide persons with the right to social security benefits, in the form of disability pensions, independently of their having an assertable right to such a pension under domestic law”, Béláné Nagy/Hungary,appl. no 53080/13, judgment 10.2.2015, joint dissenting opinion of judges Keller, Spano and Kjølbro, para. 1.

[62] Priewe J., What went wrong? Alternative interpretations of the global financial crisis, in UN Conference on Trade and Development – Hochschule für Technik und Wirtschaft Berlin, The financial and economic crisis of 2008-2009 and developing countries, 2010, p. 17-18.

[63] Dullien S., Kotte D., Márquez A., Priewe J., Introduction, in UN Conference on Trade and Development – Hochschule für Technik und Wirtschaft Berlin, The financial and economic crisis of 2008-2009 and developing countries, 2010, p. 1.

[64] Priewe J., What went wrong? Alternative interpretations of the global financial crisis, op.cit.

[65] See for further details and legal documents, http://www.efsf.europa.eu/about/index.htm

[66] T/ESM 2012-LT/en.

[67] See for relevant information and legal documents, http://www.esm.europa.eu/index.htm

[68] Garcia Pedraza P., Crisis and social rights in Europe. Retrogressive measures versus protection mechanisms, Institute for Human Rights, Åbo Akademi University, 2014, p. 7.

[69] Skogly S., The human rights obligations of the World Bank and the International Monetary Fund, Cavendish Publ. Ltd, London/Sydney, 2001.

[70] In October 2009, the incumbent greek government discovered a high fiscal deficit amounting to 15,7% of GDP and a public debt amounting to 129,7% of GDP. These unexpected high numbers resulted in the downgrade of Greece’s sovereign debt by Fitsch, Standard & Poor’s and Moody’s which had as a consequence the inability of the government to receive funding from the financial markets. See for a brief account of the facts, ELSA, International legal research group on social rights, Final report: austerity measures and their implications. The role of the European Social Charter in maintaining minimum social standards in countries undergoing austerity measures, July 2015, pp. 647-648.

[71] The assistance was finally provided on the basis of article 143 TFEU according to which when a member state is in difficulties regarding its balance of payments either as a result of an overall disequilibrium in its balance of payments or as a result of the type of currency at its disposal and where such difficulties are liable to jeopardize the functioning of the internal market or the implementation of the common commercial policy, the Commission shall recommend to the Council the grant of mutual assistance.

[72] ESM Programme for Greece, http://www.esm.europa.eu/assistance/Greece/index.htm.

[73] See in that respect P7_TA(2014)0239, Role and operations of the Troika with regard to the euro area programme countries, European Parliament resolution of 13 March 2014 on the enquiry on the role and operations of the Troika (ECB, Commission and IMF) with regard to the euro area programme countries (2013/2277(INI)).

[74] Law 3833 of 15 March 2010, Law 3845 of 6 May 2010, Law 3847 of 11 May 2010, Law 3863 of 15 July 2010, Law 3865 of 21 July 2010, Law 3866 of 26 May 2010, Law 3896 of 1 July 2011, Law 3986 of 1 July 2011, Law 4002 of 22 August 2011 and Law 4024 of 27 October 2011, Law 4046/2012, 4051 of 28 February 2012, Law 4093/2012 of 12 November 2012, Law 4172/2013. Joint Ministerial Decision 6/28.02.2012

[75] See for a detailed description of the measures adopted, ELSA, International Legal Research Group on Social Rights, Austerity measures and their implications. The role of the European Social Charter in maintaining minimum social standards in countries undergoing austerity measures, July 2015, pp. 646-754.

[76] See for a general reference to Europe, Poulou A., Austerity and European Social Rights: How Can Courts Protect Europe’s Lost Generation?, 15 German Law Journal, 2014, pp. 1145-1176; Jimena Quesada L., Adoption and rejection of austerity measures: current controversies under European law (focus on the role of the European Committee of Social Rights), Revista catalana de dret públic, núm 49, 2014, pp. 41-59.

[77] Committee on Economic, Social and Cultural Rights, General Comment No. 19,The right to social security (art. 9), E/C.12/GC/19, 4.2.2008, par. 15.

[78] Koufaki and Adedy/Greece, appl. no 57665/12 and 57657/12, Decision 7.5.2013, par. 31, 41, 44-46.

[79] Federation of employed pensioners of Greece (IKA-ETAM) v. Greece (no. 76/2012); Panhellenic Federation of public service pensioners v. Greece (no. 77/2012); Pensioner’s Union of the Athens-Piraeus Electric Railways (I.S.A.P.) v. Greece (no. 78/2012); Panhellenic Federation of pensioners of the public electricity corporation (POS-DEI) v. Greece (no. 79/2012); and Pensioner’s Union of the Agricultural Bank of Greece (ATE) v. Greece (no. 80/2012). All decisions on the merits were rendered on 7 December 2012.

[80] Resolution CM/ResChS(2014)7 et seq. adopted by the Committee of Ministers on 2 July 2014 at the 1204th meeting of the Ministers’ Deputies.

[81] C-98, 28.2.2003.

[82] ibid. §95.

[83] With regard to the right to property it stated that it should not be interpreted as giving right to a pension of a determined amount, §33 (with further references to the Court’s case-law).

[84] Five pensioners, op.cit. §97.

[85] ibid. §98.

[86] ibid. §102.

[87] ibid. §116.

[88] See in that respect the judgment of the European Court of Human Rights in Koufaki et ADEDY/Greece, op.cit.

[89] Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”)/Peru, C-198, 1.7.2009.

[90] ibid. §147. See, also the Reasoned Concurring Opinion of Judge Sergio García Ramírez.

[91] However, in case Acevedo Buendía (§106) that followed it did not find a violation of article 26 ACHR, stating that the issue under consideration was not a measure adopted by the State that hindered the progressive realization of the right to pension but it was rather the non-compliance of the state with the payment ordered by the domestic courts. Therefore, the violated rights were only the right to amparo and the right to property. This was a landmark judgment in that the Court, shortly after the adoption of the Optional Protocol to the ICESCR, emphasized the existence of the “principle of non regression” regarding the limitations in the exercise of a right, Burgorgue-Larsen L., Úbeda de Torres A., op.cit. p. 632-635.

[92] With a view to ensuring the effective exercise of the right to a fair remuneration, the Contracting Parties undertake: 1 to recognise the right of workers to a remuneration such as will give them and their families a decent standard of living; 2 to recognise the right of workers to an increased rate of remuneration for overtime work, subject to exceptions in particular cases; 3 to recognise the right of men and women workers to equal pay for work of equal value; 4 to recognise the right of all workers to a reasonable period of notice for termination of employment; 5 to permit deductions from wages only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards. The exercise of these rights shall be achieved by freely concluded collective agreements, by statutory wage fixing machinery, or by other means appropriate to national conditions.

[93] General Federation of Employees of the National Electric Power Corporation (GENOP-DEI) and Confederation of Greek Civil Servants’ Trade Unions (ADEDY) v. Greece (no. 65 and 66/2011), decision on the merits of 23 May 2012, “As such, the provisions of Section 74§8 of Act 3863/2010, and now Section 1§1 of Ministerial Council Act No 6 of 28-2-2012, are not in conformity with Article 4§1 in the light of the non-discrimination clause of the Preamble of the 1961 Charter”.

[94] Committee of Ministers, Resolution CM/ResChS(2013)3, Adopted by the Committee of Ministers on 5 February 2013 at the 1161st meeting of the Ministers’ Deputies.

[95] C-223, 4.3.2011.

[96] ibid. §53.

[97] ibid. §64.

[98] ibid. §82.

[99] ibid. §§84-85. The case was recently closed (21.6.2013), when the last payments were received. The remedies for material and moral damages, costs and expenses, as a whole, amounted to a total of nearly 3 million dollars, see Resolución de la Corte Interamericana de Derechos Humanos, 22.5.2013, Caso Abrill Alosilla y otros vs. Perú, Supervisión de Cumplimiento de Sentencia.

[100] There is no doubt that the IACtHR case-law has been influenced a great deal by the enlightened long-year presidency of judge A.A. Cançado Trindade, who is a dedicated figure of the “human face” of international law, see in particular his book, “Le droit international pour la personne humaine”, Pedone, Paris, 2012.

[101] Judgment no 1906/2014, 28.5.2014.

[102] Realising the human rights to water and sanitation: A Handbook by the UN Special Rapporteur Catarina de Albuquerque, 2014, Book 6: Access to justice for violations of the human rights to water and sanitation, p. 9.

R. Bohlin, De Osynliga. Det Europas fattiga arbetarklass; M. Linton, De hatade. Om radikalhögerns måltavlor; B. Elmbrant, Europas stålbad. Krisen som slukar välfärden och skakar euron (All titles by Atlas, Stockholm, 2012)

 

The feminist journalist Rebecca Bohlin has looked into the working and living conditions of the least paid workers within the service sector, although reminding to us that many other jobs in different sectors meet similar problems. She has met cleaners, kitchen attendants and cashiers in Stockholm, London, Hamburg and at the same time has interviewed scholars and as well politicians and union representatives about the rise in income inequality and the worsening of working conditions, across Europe and in Sweden.

And to Sweden indeed is devoted the first chapter (Hur mår RUT?). The question of rising inequalities has become hot after 2007, when tax deductions for domestic service (RUT) were introduced, with the argument that the black market was to be stopped. In fact, however, according to the unions and to some research, the outcome has been an increasing in the number of workers (often asylum seekers or anyway migrants, very often women) exploited and with no safeguard: their formal job contract is legal, but their actual working conditions are definitely different, and for the worse. Yet in Sweden, as Bohlin acknowledges, living conditions of the low-paid workers are better that in most other countries.

In the second chapter (Så pressas lönerna neråt) Bohlin analyzes, again through witnesses and interviews, migration policy at the EU level and in some of its member States. She insists on the paradox of a rhetoric stressing the need of labour force from outside Europe, in order to face demographic challenges and to make companies more “globalized”, while at the same time the actual policy is based on a military defence of the “fortress Europe”, at the cost of thousands of human lives every year. And those who succeed in reaching Europe are often exploited both economically and, when women, sexually. And that even in a country that is a world master in workers’ rights and gender equality such as Sweden.

How are trade unions tackling this backward trend to a degree of workers’ exploitation similar to that in the 19th century? Around this unavoidable question the third chapter (Facket famlar efter en ny solidaritet) is built. The answer is not at all self-evident; on the contrary, here one goes on attempt by attempt. However, what comes out from the talks that the author has had with union leaders and members, in Sweden and in the UK, as well as with scholars, is that a trade union like the Swedish one, service-oriented, is not well-equipped to face the challenges that labour movements all over the world have to meet. More interesting it seems the experience of the “Social Movement Unionism”, a strategy that has been tested in South America and is made up of a mix of mobilization, learning, dialogue with local society, negotiations – and protest actions. Exactly what many all over Europe – either workers or unemployed, migrant or local – call for.

 

An even darker side of Europe is the subject of Magnus Linton’s work, that he describes in his Introduction as a book on “majorities and minorities, absolutism and relativism, boarders and lack of them, fantasy and reality”. The author, well-known in Sweden for his reports after the carnage in Utøya, has carried out an inquiry about right-wing radicalism in three European countries: Hungary, the Netherlands and Norway, moving from the awareness that the current economic crisis increases its appeal. Linton has met the main targets of xenophobic and neo-nazi groups, respectively Roma people in Hungary, muslims in the Netherlands and left-wing intellectuals in Norway. The first section (Parasiterna), after reminding shortly the persecution of Roma in history (culminating with their, neglected, massacre during World War II) and the recent deportation of Roma in countries such as France, Italy and Sweden, introduces the reader to the disturbing world of the Hungarian neo-fascist party Jobbik (Movement for a better Hungary), whose programme is openly “roma-centered”, so to say, and that in 2010 established itself as one of the main political forces in the country with 17% of votes. Jobbik’s growing influence resulted in a situation that Linton, with reference to what happened in the municipality of Gyöngyöspata, tells in the following way: “in 2011 in the middle of Europe fascists in uniform marched and families belonging to one of the poorest and most persecuted minorities in the continent were forced to escape what otherwise would have turned into a pogrom”. And Gyöngyöspata was only the beginning. However, the political scientist Zsolt Enyedi, interviewed by Linton, points out that these developments in Hungary were at the same time astonishing and predictable. Their roots can be found in a historical process starting from the fall of the Berlin wall; since then, populism has been a constant presence in Hungarian life and in the end has exploded due to the economic crisis. The fact that in 2010 the nationalist and authoritarian party Fidesz won 2/3 of the votes has made the situation even worse and transformed Hungary into a stronghold of radical Right in Europe.

Another country, another scapegoat: in the Netherlands, as it is well-known, the thesis that “our” problems could be solved if only “we” got rid of Muslims has found one of its most prominent champions, i.e. Geert Wilders, leader of the Freedom Party and major pointer for Dutch politics for years (see the section: Ockupanterna). Though making sure to distinguish himself from people like Anders Berg Breivik (who pointed at Wilders as his ideological source of inspiration) by stressing his own democratic attitude, Wilders has steadily run down Islam, equating it with Fascism. Together with Pim Fortuyn (murdered in 2002 by a left-wing extremist), he has personified the idea that multiculturalism is a luxury only the privileged few can afford and has transformed the Netherlands into the headquarters of islamophobia in Europe.

The Dutch historian Thomas von der Dunk, here quoted, urges to take into account that politics’ highest aim is economic security, as well as the capability for society to accept cultural uncertainty; but when the former decreases, then the need for a strong cultural identity rises.

Roma people and Muslims are easy scapegoats in a continent affected by geopolitical and economic turbulences; but how came that in the rich and enlightened Norway a right-wing extremist killed more than 70 young left-wing activists? What Berg Breivik aims at with his double attack (a bomb in Oslo and the carnage on the Utøya island) was, as Linton explains, to murder at the same time three generations of “betrayers” (hence the title of the section, Förrädarna), i.e. three generations of Social Democrats: the forthcoming (the young activists who met in Utøya), the present (the governmental headquarter in the capital), and the former (Gro Harlem Brudtland, former prime minister, who escaped assassination in the island due to a delay in Breivik Berg’s plan).

What has been betrayed are Norwegian culture and identity, quite obviously. Breivik Berg defines “cultural Marxism” what could otherwise be summarized as “politically correct”, in other words the idea that there are some topics that cannot be questioned, above all feminism and multiculturalism. Linton points out that coinciding with the perhaps unstoppable march of right-wing extremism in Europe is the discontent caused by what has been perceived as the hegemony of political correctedness, which has become more and more centered upon universities. After all, right-wing radicalism is not interested in discussing rationally a question (which is supposed to be the academic approach) but, on the contrary, in imposing its own understanding of reality. And it is succeeding in doing this. Linton recalls our attention to the fact that what is striking in Breivik Berg is not his insanity, but how much he reflects stereotypes and plot-syndromes related to Islam that unfortunately are represented in more or less all the European parliaments (as well as in the EU one).     

 

Not even the book by Elmbrant, one of the most prominent Swedish journalists, is intended to bring comfort to the reader. Here as well the impact of the economic downturn is looked into in a European perspective, yet with a particular attention to countries such as Greece (see chapter 1, Ett land faller sönder) and Ireland (chapter 3, Irland på liv och död). In chapter 2 (Hur hamnade vi här?) the author follows the making of the Euro and then compares the faith of two countries, Ireland and Iceland; both hit by the crisis, but the latter (outside the common currency) recovering better. Italy is not at all forgotten in this account: the doubts about its financial soundness have been recurrent amongst EU – and German in particular – leaders, for many years. However, Elmbrant warns (chapter 4, Skenbilden av krisen) against those, in Brussels as well as Berlin and Paris, who blame upon some countries ? the Southern European ones primarily ? the European financial difficulties, as the problem were simply that if one spends too much, then one has to pay back sooner or later. Elmbrant is well aware that Greece, with all the stereotypes surrounding it, has worked as a perfect scapegoat, but insists on the European dimension of the economic crisis. The trouble indeed is not the Greeks’ unreliability, but the EU powerlessness in the face of much bigger transnational financial powers. In this connection, it needs to be said that left-wing parties have definitely not been united and consistent in their (often late) condemnation of the abuse of power from private banks and finance at large.

It cannot miss, in this critical report about the EU state of health, a chapter on Angela Merkel, significantly entitled She who decides (5, Hon som bestämmer) and on Germany’s hegemonic role. The outcome of financial powers’ and Germany’s supremacy are described in chapter 6 (Europas stålbad), again focusing mostly on Southern Europe, but raising a more general question: the changing role of the Nation-State. Here Elmbrant mentions an article on The New Left Review by the German social scientist Wolfgang Streeck as crucial: the dismantlement of Europe’s social policies has restricted the ability of the State as far as mediating between citizens’ rights and Capital’s diktats is concerned, and by this move increased further the latter’s authoritativeness as well. There have been massive demonstrations against budget-restriction policies, at least in Greece, Spain and Portugal (chapter 7, De unga på marsch), but Elmbrant does not forget that up to now it is the Radical Right the political actor who seems to have taken more advantage from the crisis, and not the Left. Are the European Central Bank and Merkel right when presenting austerity as the only way out of the crisis or can young people protesting in Athens, Madrid and Lisbon point out to an alternative? The last two chapters are built around this question. 

After summarizing the different proposals currently discussed in the EU (in the end all related to the dilemma: more or less unity among member States? See chapter 8, Stopp i Brysseltrafiken), Elmbrant closes his report by handling the question of the future of the common currency (chapter 9, Har euron en framtid?). After looking at expert analysis and people’s mood his answer (well reflecting Swedish attitude to the EU) is: the Euro is doomed to collapse ? after all it has been a mistake from the beginning ? with consequences that in some cases will prove to be devastating.  And thinking at what is going on in many European countries we can easily believe that this apocalyptic scenario is not simply a kind of snobbery from the rich Nordic countries.   

Cruelty and Austerity. Philip Hallie’s Categories of Ethical Thought and Today’s Greek Tragedy

Quels crimes ? Quelle faute ont commis ces enfants sur le sein maternel écrasés et sanglants ?

(Voltaire, Poème sur le désastre de Lisbonne, 1756)

Cruelty

As 20th-century scholarship about cruelty is concerned, Philip Hallie’s research is possibly the most extensive. Working for many years as an ethicist at Wesleyan University, Hallie wrote no less than three books on this largely neglected topic, the most famous of which being Lest Innocent Blood Be Shed, published in 1979. In this book, Hallie recounts and discusses how the inhabitants of Le-Chambon-sur-Lignon, a small village in South-eastern France, protected more than six thousand Jewish refugees from fascist persecution during the 1940s. The inhabitants were led by the local Protestant pastor, André Trocmé, who believed firmly that, albeit extremely risky, such a line of conduct was the only justifiable one, i.e. in line with the morals dictated by the Christian faith.

In his many works on cruelty, Hallie defines this term in somewhat different ways, such as “the infliction of ruin, whatever the motives” (1969: 14), “the slow crushing and grinding of a human being by other human beings” (1979/1985: 2) and “the activity of hurting sentient beings” (1992: 229). Besides, echoing Saint Augustine’s classical distinction between natural and human evil, Hallie distinguishes between the “fatal cruelties” caused by nature and the “violent cruelty” caused by humans (1969: 5-6). Violent human cruelty is distinguished further into “sadistic” and “practical”: the former is “self-gratifying”; the latter is instrumental, i.e. cruelty qua means to ulterior ends (1969: 22-24). Concerning “practical” cruelty, Hallie adds to the picture the subtler form of “implicit” or “indirect” cruelty, which arises because of sheer “indifference or distraction” to the pain that has been caused, rather than because ofanyexplicit violence or direct “intention to hurt” (1969: 13-14 & 29-31). “Implicit” and “indirect” cruelty can grow in time and mutate into “institutionalized cruelty” (1981/1989: 11), i.e. a persistent pattern of humiliation that can often endure over many years or generations, and yet is downplayed by the perpetrator as well as the victim, both of whom take it for granted and may even justify it by appealing to the laws of science, the natural order, or religiously sanctioned traditions.

In addition to these distinctions among different forms of cruelty, all of which would appear to be evil, Hallie (1969) offers a puzzling reflection on some types of cruelty that might be better not to avoid altogether, for their disappearance could generate more harm than their continuation. For one, the processes of individual “growth” and maturation can be horribly painful and, in all honesty, “cruel”, but Hallie (1969) thinks that they are a most valuable component of the long and tortuous road that leads to higher human fulfilment (55). Then he considers the artistic insights and particularly the disclosure of sorrowful truths that can be obtained through in terrorem techniques, as well as many other aesthetic forms of elation, including “sexual” ones, that cruelty is capable of bringing about (41). On top of that, Hallie (1969) admits that cruelty may be a necessary evil in the public sphere, since “responsive” cruelty is entailed by the national and international systems of law and order; although such a “responsive cruelty” can be mitigated, it cannot be avoided entirely (33). Finally, Hallie (1969) notes how cruelty can be brought about in the name of altruism, happiness and justice, since “substantial maiming” can derive from “wanting the best and doing the worst” (15-20). For all these reasons, he deems cruelty to constitute a “paradox” (1969: book title): we may well regard cruelty as one of the most horrible things in life, perhaps even the worst thing we can do, yet we cannot and may not want to rid ourselves of it completely.

Hallie (1969) offers us what is to date the richest philosophical study on the paradoxical character of cruelty. As I discussed years ago (cf. Baruchello 2010), this is one of the five broad conceptions of cruelty that can be retrieved in the history of Western thought, the other four being: (I) “Cruelty… as a quintessentially human vice affecting specific individuals” such as “persons involved in punitive contexts, e.g. courtrooms, schools, armies”, that show no propensity for “clemency” (172-73); (II) “Cruelty” as “sadism”, namely “a malaise of the soul”, possibly “the result of a poor, incompetent or broken mind, which reduces the humanity of its carrier and makes her closer to wild animals” (173-74; emphasis removed); (III) “cruelty as harm to be avoided”, as exemplified most notably by “[t]he champions of the European Enlightenment” and a long string of successive “political and legal reformers” (174-75; emphasis removed); and (IV) cruelty as something good, whether instrumentally or intrinsically, as exemplified respectively by Machiavelli’s acceptance of extremely evil means (e.g. war) for good ends (e.g. the State’s stability) and Sade’s glorification of our natural propensity to violence.

No univocal interpretation of “cruel” and “cruelty” applies to the five conceptions listed above, especially if we consider the fact that they are themselves only broad categories applicable to a large variety of more or less refined reflections on cruelty that started with Seneca’s De clementia and have continued up to Michael Trice’s 2011 theological work entitled Encountering Cruelty (the present paper is actually a preparatory work for a larger reflection on the unacceptable cruelty of austerity from a Christian perspective). In my past research (cf. Baruchello 2010), I identify seven frequent connoting elements for what is deemed “cruel”, which amount to little else than family resemblances among usages of a term that is deployed very frequently, defined very rarely and, even so, conceived of in different ways, as the five broad conceptions just mentioned bear witness to.

Still, taken together, these connoting elements and broad conceptions chart a vast realm of linguistic expressions located inter alia in the fields of philosophy, theology, politics, economics, social theory, psychology, jurisprudence and literature. Referring to my own 2010 work, the seven connoting elements are (171-72; emphases removed):

1.Pain: Whether only physical or also psychological, serious or minimal, justified or unjustified, cruelty implies pain

2.Excess: Whether of pain as such or of its usages to acceptable ends (e.g. penal sanctions), or of our hopes in a tolerable life, or of our abilities to understand reality, cruelty eventually steps “beyond”—acceptability, tolerability, comprehensibility

3.Roles: Whether directly or indirectly established, cruelty requires the roles of victim and perpetrator, even when the latter is institutional, impersonal or unknown

4.Power: It is only by means of power differential that the roles of victim and perpetrator can be established

5.Mens rea: Whether delighted in or indifferent to the pain inflicted, the perpetrator possesses a culpable mental attitude. Interestingly, when tackling impersonal and institutional perpetrators, several thinkers have personified the universe or the State

6.Evil: Cruelty is a species of evil. Even when conceived of as good, it is either an instrumental evil or an apparent evil, the goodness of which must be revealed and justified

7.Paradox: Cruelty horrifies and, at the same time, fascinates. This is just one of the many contradictions contained within cruelty, which can be aptly described as paradoxical. The array of diverse conceptions collected below further substantiates this point

Keeping cruelty’s shifting semantic area in mind, let us focus nonetheless upon Hallie’s (1969) claim that cruelty can be: (A) practical, in the sense of being a means to an end and not an end in itself; (B) implicit, in the sense that it is not a manifest attribute of the end being pursued; and (C) indirect, in the sense that it results from the choice of means by which the end at hand is pursued. As such, cruelty can inform complex forms of social agency in which much dread, destruction, deprivation, loss of dignity and life are visible, and yet in which no explicit violence, no patent intention to hurt, no delight in other people’s misery and no non-human constriction can be discerned.

Austerity

The austerity policies that have been implemented in a number of countries since the collapse of deregulated private finance in the year 2008 can be regarded as contemporary examples of practical, implicit and indirect cruelty. I believe that this can be shown by addressing a representative case, namely that of Greece, where leading constitutional lawyer Giorgos Kasimatis (2010: Foreword, 2nd par.) writes:

“The Loan Agreements (the Loan Facility Agreement; the Memorandum of Understanding between Greece and the Euro-area Member States and the agreement with the IMF for the Participation of Greece in the European Financial Stabilization Mechanism to the purpose of obtaining the approval of a Stand-by arrangement by the International Monetary Fund) form a system of international treaties the likes of which… the cruelty of the terms and the extent of breach of fundamental legal rights and principles… have never been enacted in the heart of Europe and the European completion; not since the World War II.” (emphasis added)

Constitutional lawyers are not renowned for their rhetorical flamboyance or heated prose. So, where does Kasimatis’ “cruelty” come from? In the 100 pages of the Loan Agreements of May 2010, annexes included, no mention whatsoever is made of cruelty, pain or suffering as the stated aims of the signed agreement, not even as a salient characteristic of the chosen means of implementation. Any possible ruin, crushing, grinding and hurting of victims is nowhere remarked upon in the document, although it is conceded that provisions must be made to protect “the minimum earners” and compensate “the most vulnerable… for possible adverse impact of policies” that include, inter alia: layoffs of public employees; “pension” and “wage bill reductions”; decreased job security; and lessened provision of public services and “social security benefits” (54)—i.e. policies that, combined together, are liable to weaken “social cohesion”, cause “poverty” and shrink “employment” (54). The intermediate and ultimate aims stated in the agreements are the granting of loans “in conjunction with the funding from the International Monetary Fund” (3), to be duly repaid according to the schedule specified in the document, so as to “correct fiscal and external imbalances and [therefore] restore confidence” that alone is said to make “growth… buoyant” and let “the economy… emerge… in better shape than before [i.e.] with higher growth and employment.” (52; emphasis added)

These three ultimate aims—buoyant growth, an economy in better shape and a higher rate of employment—are said to be the expected and projected result of the “economic and financial policies” (51) listed in the agreements, which express grave concern for “the recent deterioration in market sentiment” (54) and recommend ways to re-hearten it, such as: “fiscal adjustment” by novel and “special taxes” (53-4); reducing “incomes and social security” provision—old-age pensions included—so as to make them “sustainable” vis-à-vis the new debt obligations of the State (53); increased supervision over the banking system during a forecast “period of lower growth” (53); reforming “ambitious[ly]” the Greek “public sector” to “modernize” it by reducing its size and funding though “oriented to providing better services to its citizens” (53-4); making local “labor markets more efficient and flexible” (53); withdrawing the public role “in domestic industries” (53) and managing or owning a large variety of “assets” (59); reforming the “health sector” (55); sustaining a “safety net for the financial system” (58); reducing “minimum entry level wages” and “employment protection” levels (58); and “facilitate greater use of part-time work” (59). The details for the implementation of these policies are spelled out qua “specific economic policy conditionality” (69) for the disbursement of funds and make it clear that “elderly people”, “workers in heavy and arduous professions”, recipients of “disability pensions”, “social security, hospitals”, “existing social programmes” (73-4) and the recipients of “unemployment benefits” (79) are to bear a share of the burden towards debt repayment.

Given the conditionality and the policies specified in the agreements, it does not take much to infer that much pain, both physical and psychological, has been bestowed upon the Greek population or a conspicuous portion of it. The signatories themselves admit in the documents that the immediate effects of the measures specified therein are likely to be a “growth” that is not “buoyant” (52) and that the expected and projected positive outcomes would take place in the “future” (54), though nowhere it is said when exactly that will take place. Similarly, it does not require much imagination to realise that all this pain has exceeded the pain that most Greek citizens would have been likely to encounter in their life under normal circumstances. In point of fact, these policies have been implemented within the context of considerable diplomatic and economic pressure both at the international level (e.g. public indictments of the Greek government and citizens at large by representatives of the French and German governments, the European Commission and the International Monetary Fund; cf. Alktenhead, 2012) and at the national level (e.g. street riots, general strikes and public demonstrations quenched by police force; cf. Smith, 2011). There have been, in other words, perpetrators, both at the national and international levels, who have used their power in order to have these policies and conditionality implemented despite popular protests and, above all, the visible ruin, crushing, grinding and hurting of victims leading to these protests. The perpetrators have intended to pursue the policies listed in the agreements in spite of all this ruin, crushing, grinding and hurting. Evidently, such a cruelty was either not their main concern, or not sufficient enough a concern to stop them in their pursuit.

It can be argued whether the ruin, crushing, grinding and hurting, in short, the cruelty of these policies was a necessary, bitter medicine; or a deserved punishment for prior errors (i.e. a form of “responsive” cruelty); or a failed attempt to do good. What cannot be argued, however, is that there was no cruelty. That is where Kasimatis’ “cruelty” comes from. As the italicised words in the comments above flag out, all the connoting elements are at play here, including that of paradox, for the declared ends of these policies have not only failed to materialise, but have been made more difficult to achieve, as the successive amendments to the loan agreements of 2010 have eventually revealed (cf. Blanchard & Leigh, 2013). Today, the Greek economy shows no sign of buoyancy, the shape of its economy is among the worst in the EU and the rate of unemployment among the highest (cf. IMF, 2013).

The bitter medicine has sorted no positive effect, at least as the declared aims of the May 2010 Loan Agreements are concerned. On the contrary, there has been a plethora of nefarious side-effects, such as: a sudden suicide spike, especially amongst men (Kentikelenis et al., 2011); a considerable increase in mental illnesses (Economou et al., 2012; Faresjö et al., 2013) and infectious diseases like HIV, TB and malaria (Stuckler & Basu, 2013); and higher infant mortality (Stuckler & Basu, 2013). If it ever was a form of “responsive” cruelty, the punishment has indeed reached “the most vulnerable”, i.e. children, who cannot be deemed responsible for any pre-crisis errors made by the adults, of whom only some could be regarded as legally, politically or morally guilty. In essence, were we even to admit the possibility of this cruelty being “responsive”, it would constitute nonetheless a case of collective punishment. In short, if any genuine good was ever intended as the main aim, such a good has become harder and harder to come by, to the point that leading IMF economists have admitted that, not unlike former experiences in the developing world (Stiglitz, 2002), the austerity policies originally recommended for Greece have failed the test of reality (Blanchard & Leigh, 2013).

Paradoxical is also the fact that, while such dramatic side-effects materialised, special credit lines and liquidity injections have been operated repeatedly by the European Central Bank (ECB) in order to safeguard the viability of the Continent’s largest private banks, while no special intervention of this kind has been made in order to sustain, say, healthcare provision to Greek children (cf. Reuters, 2013). As the language of the 2010 Loan Agreements would read, the ECB has provided funds for the “safety net of the financial system”, which feeds on money that is not spent on meeting genuine life needs (McMurtry, 2013), but has provided none earmarked for the safety net of the Greek children, whose life needs are being met less and less (Stuckler & Basu, 2013). “Lifelines”, as they are called in the financial world, have been thrown to private banks, their managers and shareholders; nothing comparable has been done for the Greek children, who needed them in no metaphorical way, i.e. in order to live (cf. McMurtry, 2013).

Conclusion

Given the evidence above, I believe that it can be reasonably stated that austerity policies like those witnessed in Greece constitute a token of cruelty in its social manifestation, as this can be conceived of thanks to Hallie’s categories of ethical thought. There have been the infliction of ruin, the slow crushing and grinding of human beings, the hurting of sentient beings—all as a means to an end that does not focus upon the ruin, the crushing, the grinding and the hurting as such, and yet brings them about inevitably and remains de facto indifferent to them, for the ruin, the crushing, the grinding and the hurting are allowed to continue and the original end is not abandoned nor are the employed means revised.

 

 

References

Alktenhead, D. (2012, May 25) “Christine Lagarde: can the head of the IMF save the euro?”, The Guardian, available at: http://www.theguardian.com/world/2012/may/25/christine-lagarde-imf-euro

Aquinas, T. (1264-75/1947), Summa Theologica, Einsiedeln: Benzinger Verlag. [English translation by he Fathers of the English Dominican Province available at: http://www.ccel.org/a/aquinas/summa/FP.html]

Baruchello, G. (2002) Understanding Cruelty: From Dante to Rorty, PhD Thesis, Guelph: University of Guelph, Department of Philosophy. [Abstract published in Gateway. An Academic Journal on the Web, Winter 2002-2003, available at: http://grad.usask.ca/gateway/abs_Baruchello-win_02.pdf]

Baruchello, G. (2010) “No Pain, No Gain. The Understanding of Cruelty in Western Philosophy and Some Reflections on Personhood”, Filozofia 65(2): 170-83.

Blanchard, O. & Leigh, D. (2013) “Growth Forecast Errors and Fiscal Multipliers”, IMF Working Paper ref. WP/13/1, available at: http://www.imf.org/external/pubs/ft/wp/2013/wp1301.pdf

Economou, M., Madianos, M., Peppou, L.E., Theleritis, C. & Stefanis, C.N. (2012) “Suicidality and the Economic Crisis in Greece”, Lancet 380: 337.?

Faresjö, Å., Theodorsson, E., Chatziarzenis, M., Sapouna, V., Claesson, H.-P., Koppner, J. & Faresjö, T. (2013) “Higher Perceived Stress but Lower Cortisol Levels Found among Young Greek Adults Living in a Stressful Social Environment in Comparison with Swedish Young Adults” PLoS ONE 8(9): e73828. doi:10.1371/journal.pone.0073828.

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Kasimatis, G. (2010) “The Loan Agreement between the Hellenic Republic, the European Union and the International Monetary Fund” [Research paper prepared for Athens Bar Association, English translation by Vryna, S.G. available at: http://www.kassimatisdimokratia.gr/index.php/law-science/item/129-the-loan-agreements-between-the-hellenic-republic-the-european-union-and-the-international-monetary-fund]

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George Hinge and Jens A. Krasilnikoff (eds.), Alexandria: A Cultural and Religious Melting Pot (Aarhus: Aarhus University Press, 2009)

The account of the city’s founding continues in Arrian’s Anabasis of Alexander (3.I.5-2.2),[2] where Alexander, who travelled to Kanobos and sailed around Lake Mareotis to select an appropriate site, decided to locate his city. Once he had planned out the city, determining the location of the Agora and establishing the sanctuaries and temples for the various deities ? both “Greek gods and Egyptian Isis” ? Alexander sacrificed to the gods and when he received favorable signs, he laid out the city walls; however, since he had nothing with which to mark out the parameter of the city, he used meal that his soldiers carried with them. While there is disagreement about the precise date of the founding of Alexandria, some have suggested that this event may have occurred in 332 or 331 BCE. Shortly after founding the city, Alexander left the actual building and administration of the city to others and, moving his campaign further east, was never to return to his city. Certainly, current scholarship is critical of the foundation stories surrounding the origins of Alexandria; many of the authors in this collection of essays, Alexandria: A Cultural and Religious Melting Pot, emphasize persistent difficulties with sources and the tendency for various ancient authors to mythologize the founding of the city. According to Krasilnikoff, however, “the first citizens of Alexandria were also soldiers in Alexander’s and Ptolemy’s armies” (“Alexandria as Place,” 21). Hence, it is not surprising that Greek and Egyptian cultural forms and content should be intertwined in Alexandria. Citing Heracleides, Plutarch notes that Homer, who “was no idle or useless companion” accompanied Alexander on his campaign (“Alexandria as Place,” 21).

Indeed, the ancient city was a center of scholarship and intellectual activity with the Alexandrian Library and the Museum, and much of the early Homeric scholarship was done in Alexandria; even the form of the Iliad and the Odyssey as we have received these works each having twenty-four books was first codified by scholars working in these institutions. To be sure, other groups also helped write the history of the city. Jews were apparently among the earliest inhabitants of the city. Philo the Jewish thinker, known for his skeptical epistemology, worked there. As Per Bilde argues in his paper, “Philo as a Polemist and a Political Apologist: An Investigation of his Two Historical Treatises Against Flaccus and The Embassy to Gaius,” while he has not been recognized as such, Philo was also a polemist and a political apologist for the significant Jewish population of the city, and, according to Josephus, led the delegation to Gaius to plead for the Jews. Moreover, Alexandria belonged to the Roman Empire and under the influence of Clement and Origen it was a significant center, along with Antioch and Rome, in the development of early Christianity.

Alexandria: A Cultural and Religious Melting Pot is the ninth volume in the Aarhus Studies in Mediterranean Antiquity (ASMA) series published approximately once a year by The Centre for the Study of Antiquity, University of Aarhus, Denmark. Edited by George Hinge and Jens A. Krasilnikoff, the eight papers in this volume were selected from among those presented by a number of scholars from different countries, including Denmark, Sweden, and the United States, at the May 2004 seminar on Alexandria hosted by the Centre; other papers were also included later. The eight papers in this volume are divided into two sections, entitled: “Part I. Alexandria from Greece and Egypt” and “Part II. Rome, Judaism and Christianity.” Each paper in this text is well-researched and is followed by a rich bibliography. While the authors are critical of the mythological accounts of the founding of Alexandria, the ancient sources are not simply rejected out of hand; rather, despite the problematic character of ancient sources, these sources along with their scholarly interpretations are examined carefully and critically with an eye to understanding the city the cultural and religious diversity of its people. The authors represented in Alexandria are also aware of and discuss the tendency of some sources to distort their facts in their enthusiasm for a particular historical point of view or outcome. While one must use the available sources, we must keep in mind that religious conflicts, for example, between Pagans and Christians tend to be written by the victors. One advantage that the scholars writing for this publication have had, however, is the enormous growth in the scholarship of Egypt and north Africa during the last thirty years and the increase in the availability of the number of papyri manuscripts and other relevant evidence from these regions. Another theme common to the papers in this collection is the view that cultures are extremely complex, living organisms and not ‘static things’. Thus, in his essay, “Alexandrian Judaism: Rethinking a Problematic Cultural Category,” Anders Klostergaard Petersen, citing Martjin van Beck, objects to “a static model” of culture – one that

… gives a distorted picture of the cultural and social reality of human beings, past and present. Culture – and religion as well as part of the cultural construction – should rather be seen as ways of interpreting the world. Culture represents what one does and not what one is. Martjin van Beck has poignantly emphasized this point. He underlines to what a great extent the talk about cultures is itself part of the cultural construction: “The point is not to deny that common features exist in particular fields but to document that the extrapolation from specific similarities and differences to homoginised, cultural and even civilizing units is a creative process and not just a mapping of already existing facts” (Petersen, 123).[3]

Indeed, reminding us of Alfred Korzybski’s observation “that the map is not the territory,” Peterson writes, “Cultures are by their very nature ‘messy’ or hybrid affairs” (124 and 125).[4]

The four papers of the first part take up in various ways “the relationship between Ptolemaic Alexandria and its Greek past” (Hinge and Krasilnikoff, “Introduction,” 10). Jens A. Krasilnikoff launches the volume with his paper, “Alexandria as Place: Tempo-Spatial Traits of Royal Ideology in Early Ptolemaic Egypt.” Specifically, Krasilnikoff is interested in the way that Egypt as space is transformed into Alexandria as place. Borrowing from the work of humanistic geographers like Yi-Fu Tuan, Peter J. Taylor, and Jonathan M. Hall, he examines this problem by considering the concepts of “space,” “place,” and “identity.” Citing Tuan’s Space and Place: The Perspective of Experience, Krasilnikoff observes that the concepts of ‘space’ and ‘place’ are “interdependent” (Krasilnikoff, 23).

… the meaning of space often merges with that of place. “Space” is more abstract than “place”. What begins as undifferentiated space becomes place as we get to know it better and endow it with value … The ideas “space” and “place” require each other for definition. From the security and stability of place we are aware of the openness, freedom, and threat of space, and vice versa. Furthermore, if we think of space as that which allows movement, then place is pause; each pause in movement makes it possible for location to be transformed into place (23).[5]

Interdependence of space and place and the relationship between these two concepts “determine the formation of different kinds of identity”; hence, we can distinguish “identity of place” which “includes the identity markers that constitute a particular place,” and “place identity” which “involves those qualities of a place that helps generate identities of individuals or groups.” Krasilnikoff, uses these concepts to explore the meaning of “place within the Egyptian context of the Ptolemaic period”; indeed, he wants to understand how “the Greek concept of the ‘city-state culture’ and society developed in this distinct framework” that is Alexandria (38). For Kasilnikoff, then, Alexandria is to be understood in the Greek polis tradition because of its founding and the heroic character of its founder; this view was reinforced by the Ptolemaic rulers who claimed to be direct descendents of Alexander and by ancient authors who apparently borrowed their conceptions of the founding from other founding myths. At the same time, examining the earliest history of the city leads Krasilnikoff to conclude that Alexandria “differed fundamentally from the majority of classical and Hellenistic cities” (Hinge and Krasilnikoff, “Introduction,” 10).

In her paper, “Theatrical Fiction and Visual Bilingualism in the Monumental tombs of Ptolemaic Alexandria,” Marjorie Susan Venit notices that in the very beginning of Alexandria the inhabitants created “monumental tombs as communal spaces for both burial and veneration of the dead” in the limestone on which the city stands (Venit, 42). These tombs, Venit observes, are “unique” to the city, “and, until their dissemination across the north coast of Egypt and to the eastern Mediterranean, they stand unparalleled as monuments to a complex vision of the afterlife.” Illustrating her paper with five diagrams and eight pictures of the tombs, she notes that elements of two “disparate” traditions are brought together in the construction of the tombs. First, “Egyptian elements” are incorporated “into the fabric of an initially and fundamentally Hellenically-inspired monument.” The second element that interests Venit is that the tombs include theater. Hence, the tombs and monuments combine two “culturally distinct architectural traditions and … two ethnically discrete visual systems as well.” The tombs, according to Venit served as “a purposefully designed space within which, and against which, the human drama of the funerary ritual” was performed. While the dead were entombed in these monuments, the buildings also served a symbolic function making an “external reference” that allowed an extremely diverse population to identify themselves as Alexandrians. It is precisely this that makes the Alexandrian tombs unique. “Both visions,” Venit writes:

… bilingualism and theatricality – incorporate into their fabric the fiction that is the underlying basis of Ptolemaic period Alexandrian tombs, and both fictive situations apart and in concert, establish the mortuary buildings of Ptolemaic Alexandria as bi-cultural monuments that can only have had their genesis in the peculiar construct that was ancient Alexandria. It is this bi-ocular modality that separates characteristics to express the singular eschatological vision that marks the monumental tomb of ancient Alexandria (64).

George Hinge takes up the ever-controversial subject of race in his essay, “Language and Race: Theocritus and the Koine Identity of Ptolemaic Egypt. ” Hinge cites Herodotus’Histories to show that “Greek ethnicity” is determined by “four components: origin, language, cult, and culture” (Hinge, 67). In this passage, Hinge refers to words spoken by the Athenians to a Laconian delegation, arguing for a coalition to fight against the Persians.

There are many reasons why we should not do this, even if we wanted to: First and foremost, they have burnt and destroyed the statues and temples of our gods, and we are obliged to revenge them as far as possible rather than conclude a treaty with the offenders. Furthermore, there is the Hellenicity, consisting in the same blood and the same language, the common shrines of gods and cult and the same way of life, which the Athenians should not betray (Herodotus, Histories, 8.144.3; Hinge’s underling).

Thus, Hinge argues, “language is quintessential to Herodotus’ concept of ethnicity” (68). In this Hinge is arguing against Jonathan Hall, who in his Ethnic Identity in Greek Antiquity holds the view “that language played only a minor role in the formation of ethnic groups” (Hinge and Krasilnikoff, “Introduction,” 11).[6] Hinge argues that while it may have mattered “what sort of Greek you are” ? whether one was a Spartan, an Argive, or an Athenian ? in the Greek homeland, once the colonization of the eighth and seventh centuries BCE got underway, “a Greek identity” began to emerge “in opposition to the non-Greek natives in Cyprus, Egypt, Libya, Sicily, Italy or Scythia. The otherness of those ‘Barbarians’ and the complete unintelligibility of their languages, which were frequently compared to the chirping of birds, made the existence of a specific Hellenic identity obvious” (Hinge, 69). This identity, as Hinge emphasizes, “is not natural per se, but a cultural construction” that has its origins in the Mycenaean Age and that leads to “the creation of a Koine.” That Koine displaced local dialects, Hinge argues, was not just a way to bridge various local languages and dialects, “but the symptom of a new identity, and not only a symptom, but also a most powerful contribution to that identity” (77).  

In her “Homeric Scholarship in Alexandria,” Minna Skaffie Jensen describes the Alexandrian Museum and the research conducted by the scholars working there especially the work done on Homer. According to Jensen, Demetrius of Phalerum, an Athenian scholar and one of Aristotle’s students was responsible for organizing the Alexandrian Library; not surprisingly, it was modeled on Aristotle’s library in the Lyceum. While he was active in politics and even ruled Athens for the Macedonians (317-7 BCE); he also continued to work with the Library and is credited with having had Aesop’s fables written down. Jensen engages a number of scholars’ interpretations of the origins of the Homeric texts, including, Martin West, Antonio Rengakos, Gregory Nagy, Stephanie West, and others. She concludes her brief history of the Library and Museum and of the Homeric scholarship that took place there lamenting that, despite the problems, the view “we get in the sources does not confirm the picture of the Library as an important participant in the great interaction of cultures and religions. On the contrary, the philologists of the Library appear to have been concerned with Greek literature and nothing else” (Jensen, 89). Apparently Egyptian texts were left to the priests. While the subtitle of this collection of essays is, “A Cultural and Religious Melting Pot,” and while there is evidence in other fields for a melting pot, with regard to the Library perhaps it was not quite so. “The Ptolemaic rulers of Egypt,” Jensen writes,

… achieved nothing more important than the superb intellectual milieu established at the Museum. Whatever their intentions, the results of their generous support of learning are remarkable. To them we owe infinite gratitude for the fact that ancient Greek texts have reached us in such quantity and quality Scientific and scholarly method was developed to a previously unknown level. Poetry flourished. And just as Alexandrian poets become the stimulating ideal for Roman poets from Ennius onwards; the Ptolemies offered themselves as worthy models for the patronage of the artists practiced in Augustan Rome (91-92).

The first two of the four essays constituting “Part II. Rome, Judaism and Christianity,” are devoted to Judaism. In the first piece, “Philo as a Polemist and a Political Apologist: An Investigation of his Two Historical Treatises Against Flaccus and The Embassy to Gaius,” Per Bilde considers two texts by Philo, an extremely influential Jew from one of the most important and prosperous Alexandrian families to show that although Philo is usually known for his work in theology, epistemology, and metaphysics, he also played an significant role as a politician, a polemist, and a political apologist, especially between 38 and 41 CE – “a period of great importance in the history of the Jewish people in the ancient world” (Hinge and Krasinikoff, “Introduction, 13). In his essay, Bilde reconstructs the historical and political events in the year 38 CE, the year of what has become known as “the first pogrom” against the Jewish people. Then, he analyzes Philo’s two historical treatises Against Flaccus and The Embassy to Gaius. Finally, Bilde examines “the literary genre and the aim, dating and intended readers” of these two works and considers whether Philo’s writings “could be perceived as a threat to Rome” (Bilde, “Philo as a Polemist and a Political Apologist,” 98).

As Bilde explains, Judaism had flourished in Alexandria for many years and “continued to thrive well over the first year of Caligula’s rule (37-38 CE)” (Hinge and Krasilnikoff, “Introduction,” 13). Aulus Avilius Flaccus was a Roman prefect in Alexandria and Egypt (32-38 CE). While “the living conditions for the Jewish people,” according to Bilde, were generally not bad “in the Roman empire from Caesar (died 44 BCE) and Augustus (31BCE-14 CE) until the summer of 38,” for reasons that are not evident, Flaccus “seems to have cancelled the Jewish population’s established right to live in Alexandria according to the customs of their fathers and under some kind of internal self-government …” (Bilde, 99). When King Agrippa I, also known as Herod Agrippa, (37/41-44) who had recently been crowned King of Palestine stopped in Alexandria en route from Rome to his homeland, his visit set off riots against the Jewish people. Non-Jewish residents of the city also tried to set up statues of the emperor in synagogues. Instead of trying to stop the riots, Flaccus, and here Bilde follows Philo’s account, sided with the “‘Greeks’ and issued a decree … denouncing the Jews as ‘foreigners and newcomers’ … in Alexandria” (100). Subsequently, Jews were driven out of four of the five parts of the city and ghettoized into the remaining fifth part. Jews were the subject of violent attacks, some were flogged publically, some were killed, and some were forced to violate religiously sanctioned dietary prohibitions by eating pork. Although Bilde cautions: “when reconstructing historical circumstances in Antiquity, from using terms related to the European persecutions of Jews in the Middle Ages and in recent times” (101), he also claims that “this violent persecution of Jews seems to be something new in Antiquity” (100). Eventually, Flaccus was arrested by the Emperor, returned to Rome, where after his property was confiscated, he was sent into exile and eventually put to death by the emperor. According to Bilde, then, Philo’s Against Flaccus is begins with a glowing report of Flaccus’ first six years in office only to explain Flaccus’ fall from office; indeed, it is a cautionary tale that proclaims the power of the god of the Jews and explains that those who violate the Jewish people will face a fate similar to Flaccus’. On the one hand, Bilde interprets the texts as being written for the Jewish people in a “traditional and effective Jewish literary form or genere, religious apologetics,” which was later adopted by Christians; Philo’s apologetic texts were meant “to comfort and edify Jewish readers” and should be compared to the Book of Esther of the books of the Macabees (109). On the other hand, however, Bilde suggests, is that Philo wrote in “this form or genere “for Roman readers, primarily the new Roman emperor, Claudius, the new imperial prefect in Egypt, Pollio, and other leading Roman circles …” as if to warn them against actions that might harm the Jewish people and blaspheme their god.

In his paper, “Alexandrian Judaism: Rethinking a Problematic Cultural Category,” Anders Klostergaard Petersen takes a quite different approach from Bilde’s, for he is not interested in well-known writers like Philo nor is he interested in “the empirical subject matter of Alexandrian Jewry” (Petersen, 116); rather, Petersen’s paper is much more ambitious and is focused on the theoretical problem of how to reconstruct past cultures. Petersen begins by briefly sketching out the history of Jewish people in Alexandria. Then, he examines “Alexandrian Judaism with close attention to a number of theoretical problems that are infrequently mentioned in the predominant strands of scholarship.” Finally, Petersen concludes by offering “a theoretically viable way of reconstructing ancient cultures in a manner that is simultaneously theoretically adequate to the acknowledgement of the confined nature of the sources, and to current insights within the fields of cultural anthropology and sociology of how to speak and to conceive of culture.” Petersen is critical of approaches to culture that assume one individual, such as Philo, Aristeas, or Artapanus, can speak for or represent a particular culture or subculture. While contemporary scholarship seems to understand this, Petersen maintains that even though many contemporary scholars acknowledge this problem, they proceed to deal with their sources without considering the consequences of taking “one trajectory of thought” as the embodiment of an entire cultural entity. Indeed, “the banalities of culture and the platitudes of human beings,” Petersen writes, “are seldom handed down” (118). On the other hand, he does not argue that scholars should ignore available sources; rather, the solution is to keep “the constrained nature of the majority of the extant sources” and to reflect on the “wide strands of scholarship, current as well as classical, on Alexandrian Judaism” (119). Petersen is also critical of those who understand Philo in terms of a preconceived dualism of Hellenism and Judaism. This dualistic view, Petersen argues is “theoretically flawed” for several reasons (124).

First, even the most vehement Jewish antagonist of Greek thinking is culturally as well as socially inevitably enmeshed in what he opposes …. Secondly, the use of a notion like “Hellenism” is always contextually bound. It relates to particular traits only within the other culture. It is never a comprehensive term that refers to the entire plethora of phenomena of the “other culture. “Jerusalem” and “Athens” are unfailingly entities that are rhetorically used in particular contexts to refer to specific phenomena. Thirdly, the abstract taxonomic play with terms like Judaism and Hellenism in modern scholarly discourse is very far from their use in antiquity. That … does not invalidate contemporary use, but it certainly should put some restraints on the manner in which they are used (125).

One must remember that a thinker like Philo is a Jew, but also an Alexandrian; even Philo himself is not a simple unity; “Philo’s writings should be interpreted as the creations of a composite being who under particular circumstances and with particular aims and situations in mind attempts to conquer the cultural battlefield of his time” (139). Still, this does not mean that we should speak of “Alexandrian Judaisms or Jewries” instead of “Alexandrian Jewry / Judaism” (Petersen, 128). While this may have “heuristic value,” it is “misleading” because it indicates the inability “to distinguish a concept and a phenomenon.” Alexandrian Judaism may only be a construct of contemporary scholarship. On the other hand, Petersen suggests, following Benedict Anderson, that although “Alexandrian Judaism was hardly a community characterized by ‘the primordial village of face-to-face contact,’” it could still be understood as “‘imagined community’” because “its members constituted a conscious community” that “shared the common frame of reference of being Jews of Alexandria.” In end, Petersen concludes, “however perplexed we may be as a result of engagement with cultural ‘messiness,’ the great intellectual challenge for future studies not only on past Alexandrian Jewry, but on ancient cultural entities in general, will be to take the ‘messiness’ of human cultural and social affairs profoundly seriously” (140).

In “From School to Patriarchate: Aspects on the Christianisation of Alexandria,” Samuel Rubenson is not concerned with religion or theology; rather, he focuses on “the transformation of the classical heritage into an early medieval Christian culture” and the important role that Alexandria played in that transformation (144). Indeed, Rubenson argues that this transformation must be understood “from a social point of view” (145). The importance of Alexandria to the development of Christianity with development of Christian theology and the revision of classical philosophy is unequaled until “the emperor and the bishops of Rome and Constantinople … ended the ecclesiastical power by means of the council of Chalcedon in 451.” Origen of Alexandria was important for his work in “Christian hermeneutics and Bible interpretation”; indeed, according to Rubenson, he was the most important Christian teacher of this period. Athanasius of Alexandria is acknowledged for his interpretation of the divine as trinity and his efforts to define church dogma. Cyril of Alexandria addressed himself to the problem of how Jesus as Christ could be both man and god. The work of later Christian thinkers, such as Augustine, the Cappadocians, Maximus the Confessor, and John of Damascus are certainly based on Origen, Athanasius, and Cyril. Rubenson concludes that our understanding of early Christianity in Alexandria, then, is based on the work of Christian teachers and philosophers, who instituted a tradition of Christian schools during the second century, and who were recognized for their work both in Alexandria and in the larger emerging Christian community. Schisms and a break between the church and the school were caused by “the severe and prolonged persecutions of the Christian leadership of Alexandria in 303-11” (156). Emperor Constantine’s recognition of the bishop of Alexandria elevated the importance of the bishops and gave them increased responsibilities. The bishops, who attempted to unify the church and unite the Christian community in the face of the pagan traditions that were embraced by parts of the Alexandrian elites, were resisted by intellectuals living independently on the edge of the desert south of the city. Uniting with local authorities, the bishops received the support of the emperor to unite Christians against their Christian opponents and critics and the remaining pagans.

In “Religious Conflict in Late Antique Alexandria: Christian Responses to ‘Pagan’ Statues in the Fourth and Fifth Centuries CE,” Troels Myrup Kristensen begins where Rubenson ends with the conflict between the Christian bishops and the continued pagan tradition of parts of the Alexandrian elite. Noting the complicated religious, social, and political tensions that were part of the Mediterranean world of the fourth and fifth centuries, Kristensen contextualizes his discussion of the conflict between Christians and pagans by tracing Christian opposition to pagan statuary to “the Judaic tradition and the Mosaic prohibition against idolatry” (160). While wooden statues were burned, stone statues were either defaced or “reinterpreted” by adding crosses or other Christian symbols to the statues by Christians (161). At the same time, Kristensen emphasizes that these views were not held by all Christians and that some pagan statues survived in Christian households. Illustrating his paper with three photographs, one diagram, and one map, Kristensen discusses the destruction of the Serapeum and its statuary in 392 CE which along with “the murder of the philosopher Hypatia” are “among the best known cases of religious violence in Late Antiquity” (162). Christian destruction of pagan statuary is one of the reasons that pagan statuary was cached and pagan practices were driven underground. Kristensen concludes by noting that the violence brought on by the religious and social transformation in Alexandria in Late Antiquity was rampant; indeed, it can be understood “as the result of the ‘brutalisation of local politics’ or ‘progressive Christianisation’” (172). While there is much literary evidence for the Christian destruction of statuary, actual evidence is much more difficult to obtain. One of the problems is that most of the surviving accounts of this period of Alexandrian history are from Christian sources. “The bias of the Christian literature concerning the ‘end’ of pagan cult at Alexandria makes it difficult to accept them at face value.” Archaeological evidence is also problematic because interpretation and documentation are difficult. Still, Kristensen argues, we can rough out Christian reactions to paganism and pagan statuary.

Hinge and Krasilnikoff are to be commended for bringing together the papers in this volume; indeed, Alexandria A Cultural and Religious Melting Pot is an interdisciplinary text that may be recommended to both the scholar and the general reader interested in culture, religion, and ancient communities. Although Alexandria will certainly interest classicists, cultural anthropologists, and classical archeologists, scholars working in other disciplines such as art history, philosophy, and cultural studies will also find this text exciting for its fresh look at the ancient city of Alexandria that exemplifies the social, economic, and political complexities of a diverse population living in the same community. The various reflections on culture and religion are obvious strengths of this text. However, the discussions of the problems involved in the study of ancient cultures, and their reflections on how scholars might approach ancient cultures are important n/pot only for those studying ancient cultures, but also raise questions that should be considered by anyone thinking and writing about culture.


[1] Krasilnikoff cites Pseud-Callesthene I:30, trans. E. H. Haight (New York: Longmans, Green, and Company, 1955).

[2] Krasilnikoff cites M. M. Austin, The Hellenistic World from Alexander to the Roman Conquest: A Selection of Ancient Sources in Translation (Cambridge: Cambridge University Press, 1981), no. 7.

[3] Petersen translates and cites M. van Beck, “Identiteternes møde, civilisationernes sammenstød,” Religionsvidenskabeligt Tidsskrift 40, 1-11.

[4] Petersen refers to Alfred Korzybski’s “A Non-Aristotelian System and its Necessity for Rigour in Mathematics and Physics,” presented before the American Mathematical Society at the December 28, 1931meeting of the American Association for the Advancement of Science and reprinted in Science and Sanity, 1933, p. 747–61.

[5] Krasinikoff quotes Yi-Fu Tuan, Space and Place: The Perspective of Experience (Minneapolis, Minnesota: University of Minnesota Press, 1977), 6.

[6] See Jonathan Hall, Ethnic Identity in Greek Antiquity (Cambridge: Cambridge University Press, 1997).

Pia Guldager and Jane Hjar Petersen (eds.), Meetings of cultures in the Black Sea region. Between conflict and coexistence, (Aarhus: Aarhus University Press, 2008)

The cultures at issue are the native Scythian tribes, including Sarmatian ones, and the ancient Greek settlers in the Pontic Region, i.e. the vast steppe-land located in the northern and north-eastern regions of the Black Sea. This area was called Euxeinos Pontos for most part of the Graeco-Roman age, meaning literally ‘hospitable sea’, but it was really a euphemism replacing an earlier name introduced by Pindar, Pontos Axenios, i.e. ‘inhospitable sea’. The studies contained in the volume focus upon Pre-Roman Times, particularly from the 7th century BC, when the first Greek settlements were established, to 63 BC, i.e. the year of Mithridates the Great’s death, which marks as well the beginning of the Roman predominance. The disciplines involved in this survey are historiography, archaeology, numismatic, epigraphy and ceramography.

The book contains five chapters: “Setting the scene”, “Spaces of identity”, “Claiming the land”, “The dynamics of cultural exchange” and “Mind the gap”. The five chapters comprise nineteen articles written by eighteen different authors. Five of the published contributions were not presented at the conference: the article by P. G. Bilde in the first chapter and the articles by A. V. Karjaka, A. V. Gavrilov and T. N. Smekalova in the third chapter.

It is unavoidable for us studying something like the very concept of culture as a pragmatic category, i.e. as a truth that is such beacuse it produces practical results that satisfy us, and not vice versa, i.e. as a truth that is such before the production of any satisfying practical result. Thus, it is important to understand that the things we can say about other cultures – whether Greek or non-Greek, sedentary or nomadic – will necessary be a product of our culture, which establishes the criteria for practical satisfaction in the first place, that is to say, our own complex system of expectations. Hence we should note that, for instance, writing ‘settler’ instead of ‘colonist’ is a choice that is not inherent to those peoples that we write about, but to ourselves. These considerations certainly act on the background of the articles contained in the book, but they are not theoretically themed and discussed.

In the book, the contents develop around the main aspect stated in the title of the chapter in which they appear. The three articles that form the first chapter are written by J. A. Vinogradov, P. G. Bilde and V. Mordvintseva, and they describe the historical context. In particular, Bilde’s paper introduces and analyzes two very significant terms: diaspora and hybridization. The second chapter also includes three articles, the authors of which are P. Attema, A. Baralis, M. Vickers and A. Kakhidze, and it shows the way Greek and non-Greek groups established themselves in neighbouring areas. In Vickers’ and Kakhidze’s opinion this fact can be determined by the careful study of the collocation of burial sites. The five papers in the third chapter, written by J. M. Højte, A. V. Karjaka, A. V. Gavrilov and T. N. Smekalova, explain how to look at the ancient management of land division so as to identify how far the two different cultures had been able to collaborate. The four articles that constitute the fourth chapter, authored by J. H. Petersen, N. A. Gavriljuk, L. Summerer, N. G. Novi?enkova and E. Kakhidze, examine the way differences of status and power overcame and replaced differences of ethnicity. The fifth and last chapter is composed of three papers, written by R. Osborne, D. Braund and G. Hinge, and it explains how Self and Other are substantially the same, since: (a) everyone can see him/herself in the self of the other, and (b) the self needs the other’s recognition to be formed. On this theoretical matter, the authors refer here in particular to Herodotus’ fourth book of his Histories.

The topic of this book – i.e. the way in which the meeting of cultures took place in antiquity – is relevant not only to classical scholars, but also to us, who live in a historical contingency certainly no longer modern, but also no longer postmodern: the dichotomy between Us and Them, or between Other and Self. This dichotomy is today even more problematic than it was only few generations ago, because it is the very concept of dichotomy that is being questioned. In fact, if the truth is today considered to be becoming, i.e. walking with us, correlatively to the practices of knowing that are embodied in our life’s occasion, then every dichotomy is ‘only’ transiently true. In other words, thinking the difference between Them and Us becomes a practice that is theoretical, ethical, but also historical.

Meeting of cultures in the Black Sea region is recommended not only to those who just want to increase their knowledge about specific Greek communities settling in the Pontic region, but also to everyone interested in themes like the frontier, the periphery, the tension between wilderness and civility, and even in retrieving the material traces of the dynamic development of concepts like Self and Other, i.e. theoretical issues that are highly relevant in the age of globalization.

Maria Moog-Grünewald (ed.), Brill‘s New Pauly. Supplements 4. The Reception of Myth and Mythology (Leiden-Boston: Brill, 2010)

This encyclopaedia served literally as a pivotal reference work for several generations of students and academics, especially though not exclusively in Continental Europe. However, being as massive as it was impressive, this important source of knowledge was never translated into English in toto. On the contrary, such a fate awaited the newer and thoroughly revised version of the same encyclopaedia, i.e. Der Neue Pauly, published by J.B. Metzler over the period 1996-2003. While the translation of Der Neue Pauly is reaching its completion with the publication of the supplementary volumes, Brill’s already twenty-six-volume New Pauly has become one of the richest encyclopaedias of Western antiquity in today’s Anglophone world, and possibly the most consulted reference work in its field. What is more, the New Pauly provides not only an extensive coverage of the cultures and events in the ancient heart of Europe from early Aegean times to late antiquity, but also a multi-disciplinary study of the reception of classical antiquity in the following centuries—indeed up to the present day. Particular attention has been paid in the New Pauly to the changes and trends in classical scholarship itself, which has witnessed as diverse and turbulent an existence as the Graeco-Roman civilisations themselves.

The supplementary volume reviewed hereby belongs to the latter, multi-disciplinary study area. As the subtitle highlights, it is devoted to the reception of classical myth and mythology. Its original version was published in German in 2008: a two-year backlog for translation in today’s lingua franca of scholarship is not blameworthy. The volume reads as a one-book lexicon of the most important characters in ancient mythology. Each lemma tackles one (e.g. Achilles, 1-14; Zeus, 616-20) or, in alternative, famous pairs (e.g. Agamennon and Clytaemnestra, 37-42) and groups (e.g. Nymphs, 433-43). Information is offered concisely and in a fairly standardised manner: Greek and Latin names come first; then a brief summary of the character’s/s’ main features; a presentation of the relevant myth(s) involving it/them, inclusive of historical and geographical variants; the character’s/s’ relevance in ancient religion(s); and eventually its/their literary and artistic reception in ancient, medieval, modern, and contemporary times, inclusive of references to significant philosophical, artistic and political usages and conceptualisations.

A complete overview of all the known receptions of each character would have been impossible or, at least, impractical. However, the lexicon of this Supplement is generous enough with representative varieties of interpretations concerning each mythical character concerned. As such, this volume serves also as a concise history of Western ideas, which means that the fourth Supplement of the New Pauly should appeal not solely to classical scholars and historians, but also to students and academics in the humanities at large. In particular, art historians and cultural theorists may find this volume a very useful reference book; one of those books that should be kept on top of one’s office desk. Still, a more extensive overview would have been possible and, in all probability, even more practical to the academic community. The editorial choice of favouring “the need for brevity and lexical usability” (viii) over the comprehensiveness of the lexicon may be well-intended, yet at the same time it does strike as naïve, especially if one considers the encyclopaedic nature of the whole enterprise to which it belongs. Besides, given the considerable amount of money that university libraries, research centres and individual scholars are expected to disburse for each volume, including the Supplement at issue, not to mention for purchasing or accessing the whole New Pauly online, then it would have been wiser to make the lexicon “fatter” rather than “slender”.

Pecuniary considerations aside, the scholarly fitness of the fourth Supplement remains excellent. It is highly recommended to all humanists and scientists that may need or benefit from expert accounts of ancient myths and their reception in Western culture.

Felice Vinci, The Baltic Origins of Homer’s Epic Tales; The Iliad, They Odyssey, and the Migration of Myth (Rochester, Vermont: Inner Traditions, 2006)

For a similar instance, in his linguistic argument suggesting Ogygia lies in the Faroe Islands, he points out that Hogoyggj, the name of the mountain, is very similar to Ogygia as referenced in the story. Finally, while walking through his geographic and linguistic arguments that these epics are of Baltic origin, Vinci refers to the many times the weather is cold, misty, freezing, foggy, and with deep velvet colored seas, pointing out that this bears little resemblance to our warm, sunny, and blue understandings of the Mediterranean. This is but one series of examples in a few pages, with the book explicating many more throughout its length.

I found Vinci’s arguments compelling, although scholars more familiar with the epics will want to review the evidence for themselves. As this was new information for me, it set my imagination alight, and I found myself looking into other similar scholarship. This is a burgeoning literature, including Vinci’s other writings, and stretching back to Olof Rudbeck’s discussion of Atlantis as Sweden. It is worth noting that Vinci also gives a treatment of Atlantis in this work – but the reader can find out for him or herself where Vinci stands. Vinci’s work comes across as competent, separating it from some of the pseudo-scientific work which was propagandized by the Nazis. But this is where familiar scholars will be able to more quickly separate the legitimate and paradigm-challenging work from the rest.

As a sociologist with an interest in cultures, the follow-up question is intriguing. If these epic tales took place in the Baltic region, then how did they eventually take on a Mediterranean home? By what mechanism does a piece of culture move from one corner of the globe to another, but forgetting key such key elements as Sweden = Ithaca? Vinci addresses this in the 4th part of the book, appropriately titled “The Migration of Myth.”

A key component to the migration of myth here is the role of climate. Vinci locates much of the narrative in the climactic optimum (4000-3000 BCE) when a warmer climate made regions near the arctic much more pleasant and habitable. With the ending of this warm and favorable period, at least some of the northern people migrated southward. He argues that in the mythologies of many cultures, there are remnants of climatic collapse, and provides several examples of cultures that were disrupted or dislocated by the negatively changing climate. For examples of these possible migrations he draws from several northern Europe locations for sources of Indo-European cultures. He provides numerous cultural and mythic references creating potential links. These include possible cultural origins of several peoples in the Scandinavian or Russian Arctic, Aryan migrations southward and potential northern links to Egypt and Rome. Much of this argument is built on similarities between mythologies, biblical tales, and place names.

This part of Vinci’s work is much more speculative in my opinion, and creates something of a “kitchen sink” feel by throwing in all the possible connections. In looking for the potential northern origins of mythologies and peoples, Vinci brings in enough possibilities that it feels much more exploratory than the first half of the book. In all fairness, the research may only be at the exploratory level at this point. Nevertheless it is not as convincing as the argument that the origins of the epics themselves are Nordic – regardless of how those tales ended up in the Mediterranean.

The base outline of Vinci’s argument is as follows (p 327)

  • The Iliad and the Odyssey are properly situated in northern Europe
  • The original sagas on which the epics are based on Baltic regions
  • The tales travelled from Scandinavia to Greece at the end of the climactic optimum by blond seafaring Mycenaeans
  • In rebuilding their world in the Mediterranean, familiar place names and mythological events were reused
  • Through the epics, the tales of their ancestors were preserved, although their homeland was lost

He finishes his work by suggesting several lines of archaeology to investigate this line of reasoning, and provide physical evidence reinforcing the mythological and linguistic evidence.

This work is broad in scope and presents an utterly fascinating reordering of the epic sagas of the western world. As such, the realm of possibilities for new research and analysis is deeply exciting.