Treatment of unaccompanied children in Greece: Trends and challenges

1. Treatment of unaccompanied children in Greece: Trends and challenges George Moschos Deputy Ombudsman Head of Department of Children’s Rights Independent Authority “The Greek Ombudsman” ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

2. Unaccompanied children in Greece Children mostly aged 10-18, arriving illegally, without their parents, from Asian or African countries affected by war or other conflicts (Afghanistan, Pakistan, Bangladesh, Syria, Iraq, Egypt, Somalia, Central Africa, etc.). They mostly hope to end up to countries of Western or Northern Europe. Very few of them apply for asylum in Greece. Children of all ages being trafficked to Greece from neighbouring countries (Albania, Bulgaria, Romania, etc) in order to work in the streets (beg, play music, sell flowers or other items, cleaning windows or cars, etc). Also, adolescent girls (mostly from Africa) who are trafficked to Greece for sexual exploitation. They are usually escorted or supervised by persons who exploit them. - Children from third countries who have been left behind by their parents, who have disappeared or moved to other European countries. These children expect to be unified with their parents if they manage to get a residence permit at their destination. ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

3. Investigations and activities of the Ombudsman The Children’s Ombudsman investigated the conditions of detention, treatment, care, living and access to education and health services of unaccompanied children, after receiving relevant complaints (mostly by ngos) or on his own initiative. We have visited police detention centres, reception centres, care institutions and shelters and collaborated with UNHCR, public services and ngos, in order to identify possible children’s rights violations, shortcomings of the system, acts of maladministration, as well as good practices and attempts to improve the level of services. The Ombudsman has also taken action to sensitise professionals as well as the general public about the rights of u.c,. has issued a special publication together with UNHCR (on guidelines for treatment of u.m.) and has addressed special reports and proposals to the responsible governmental bodies. ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

4. Estimated numbers of u.c. in Greece A large number of immigrants are arrested every year for illegal entry. The official figures show around 132.000 arrests in 2010, 100.000 in 2011, 68.000 in 2012. It is estimated that around 3 – 5 % of them claim to be unaccompanied minors, mostly aged 15-17 (there is no official data) Although most of these persons come from countries that have recently experienced war or other severe conflicts, very few apply for asylum in Greece. In 2012, 12.840 asylum claims were examined. Less than 1% of the applicants have been awarded asylum. Around 400 unaccompanied minors can be placed totally in public or private institutions and shelters in Greece, most of whom are funded by ERF. Although these minors are given the opportunity to go to Greek school, most of them leave sooner or later the institution and the country. Average time of their stay is estimated to be around 4 months. Children who have been identified as victims of trafficking / exploitation are placed for protection in care institutions or homes. Occasionally they are being repatriated. Nowadays it is estimated that a few dozens of trafficked children live in care institutions. Around 1000 foreign children are estimated to work illegally in the streets of big cities. ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

5. Severe violations observed by the Ombudsman (especially in earlier times) Children were treated mostly as violators of immigration law, than as children, holders of rights, especially connected with their age. They were placed in (police) detention and remained for long periods in unacceptable and unhealthy conditions. Occasionally they were detained together with adults. Very few spaces for unaccompanied children existed in care institutions (around 50 in 2004). Street children were placed in improper care institutions and escaped. No guardian was appointed in most cases. Officially unaccompanied children were not accepted at school if they had no documents and no person was declared as their guardian. Some unaccompanied children over 12 had been deported (especially to neighbouring countries). ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

6. Police detention centre for juveniles in Pagani (Lesvos)

7. Police detention centre for juveniles in Amygdalesa (Athens)

8. Steps forward made during the last 10 years Guidelines were adopted and disseminated regarding the treatment of minors, Legislation was improved, especially regarding protection from trafficking and treatment of u.m. Bilateral agreement was signed with Albania regarding repatriation of children who are victims of trafficking. When unaccompanied children are identified by the authorities at the border to illegally enter the country, they are normally registered, interviewed, and referred to a care centre the sooner possible. All children living in Greece, even those who hold no documents and have no guardian appointed, are entitled to go to school (following interventions of the Ombudsman). New institutions and shelters for unaccompanied minors were created (400 spaces available at the moment) ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013

9. Existing problems and challenges Age assessment procedures Operation of reception centres Avoiding and restricting time of detention Legal aid Social services Guardianship Conditions of operation of shelters / institutions Health issues Arrangements for children whose asylum application is disapproved. Repatriation? Need for bilateral agreements with more countries Family reunification ENOC 17th Annual Conference and General Assembly Brussels, 25, 26, 27 September 2013