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 26

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