V. Detention of Unaccompanied Children
The routine detention of unaccompanied children is a fundamental dysfunction at
the heart of the way the Greek immigration and social welfare systems address the
challenge of caring for unaccompanied migrant children. According to international
standards, the detention of children should only take place in exceptional cases, as
a last resort and should be limited to the time strictly necessary.152 However, there is
a serious shortage of sufficient and adequate accommodation for all unaccompanied
children in Greece, including migrants and asylum seekers. The Ministry of Health
funds or co-funds approximately 200 care places only. Even though this shortage is
one possible reason for the prolonged detention of unaccompanied children, the
practice of detaining children only adds to children’s risks and vulnerability.
Furthermore, once these children are released from detention they are basically
dumped onto the streets with at best minimal assistance and at worst nothing at all.
This exposes them to other serious risks, and is analyzed in the next chapter.
Greek law does not prohibit or regulate the administrative detention of children who
enter Greece without valid papers and the authorities detain unaccompanied
children either after arrival or when found without valid documents for anything from
a few hours to several days or months. The reasons for keeping children for longer or
shorter periods appear to be arbitrary.
The detention of unaccompanied migrant children is administered on the same legal
basis as that of adults, which means that the authorities may detain a third-country
national without valid papers for the purpose of deportation.153 Once a deportation
order is issued, police may continue to detain a person for up to three months, if
they believe that he or she might escape or is considered a danger to public order.154
If a foreigner does not fall within either category, the person is released with a
152
CRC, art. 37(b).
153
Illegal entry into and exit from Greece are criminal offenses under article 83 of Law 3386/2005. Prosecutors, however, told
us that they do not press charges for illegal entry.
154
Ibid.
53
Human Rights Watch December 2008
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