child in any legal or judicial proceeding, to hear the child prior to any decisionmaking, and to act in the child’s best interests. The obligation of care is the same for
a guardian as for a parent and includes the child’s upbringing, education, and
housing.67
The law foresees that the exercise of guardianship is monitored by a supervisory
council.68 Guardians, courts, and the supervisory council are mandated to hear the
child prior to any decision-making and to act in the child’s best interests.69
Guardianship can be removed if the court or supervisory council considers that a
continuation puts the child in danger or is against the child’s interests.70 A guardian
may refuse appointment or resign for “important reasons.”71
While these provisions are generally in line with international standards, the
authorities have not defined standard procedures that explain the mandate of
temporary guardians with regard to third country unaccompanied children.72 As a
result, prosecutors, already under-resourced, have widely differing views of what
their role entails.73 They rarely undertake actions in the child’s best interests, neither
during the child’s asylum procedure nor when the child is detained. Temporary
guardians interviewed by Human Rights Watch did not know how many
unaccompanied children they were responsible for and were not keeping track of
children.74 Some expressed skepticism about their mandate. In short, the
guardianship system for unaccompanied children is dysfunctional.
67
Greek Civil Code, arts. 1518, 1606, 1647-1648. The guardian may become liable for damage caused by the child if such
arises out of his or her mistake in the exercise of duties, Greek Civil Code, art. 1632.
68
Greek Civil Code, art. 1634.
69
Greek Civil Code, arts. 1647-1648.
70
Greek Civil Code, art. 1651.
71
Greek Civil Code, art. 1599.
72
Human Rights Watch interview with Filippos Karatzidis, deputy prosecutor, Orestiada, May 26, 2008.
73
Greek Civil Code, arts. 1606, 1647-1648.
74
Human Rights Watch interviews with Sylla Papataksiarhi, prosecutor for juveniles, Athens, June 12, 2008. Human Rights
Watch interview with Filippos Karatsidis, deputy prosecutor, Orestiada, May 26, 2008; Human Rights Watch interview with
Konstantinos Boudzikos, prosecutor of 1st instance court, Mitilini, Lesvos Island, June 2, 2008; Prosecutors outside of Athens
are informed by the police when an unaccompanied child is arrested.
Left to Survive
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