Greece is a state party to some of the key conventions prohibiting child labor, such
as the Convention on the Rights of the Child,278 but also the ILO Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labor (Worst Forms of Child Labor Convention), and ILO Convention
No. 138 concerning the Minimum Age for Admission to Employment (Minimum Age
Convention).279 Greece has, however, not ratified ILO Convention 184 concerning
Safety and Health in Agriculture.280 The European Social Charter contains additional
protective provisions including the child’s right to a fair wage and the necessity to
limit work hours in accordance with the child’s development.281 International
conventions to which Greece is a state party form an integral part of domestic law
and prevail over any contrary domestic provision.282
Sanctions are provided for by both immigration and labor legislation. Immigration
legislation forbids employers to hire aliens without residence permits.283 If an
employer violates the prohibition of child labor, he or she faces imprisonment of up
to two years, a fine, and administrative penalties that may include the closing of
business.284 Both provisions extend the same sanctions to the child’s guardian.285
278
CRC, art. 32.
279
ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labor (Worst Forms of Child Labor Convention), adopted June 17, 1999, 38 I.L.M. 1207 (entered into force November 19, 2000),
ratified by Greece on November 6, 2001. ILO Convention No. 138 concerning the Minimum Age for Admission to Employment
(Minimum Age Convention), adopted June 26, 1973, 1015 U.N.T.S. 297, entered into force June 19, 1976, ratified by Greece on
March 14, 1986. These instruments prohibit the employment of anyone under 18 in work with the potential to harm their
health, safety and morals. However they allow for a significant exception and permit children’s employment in such types of
work from the age of 16 on an exceptional basis, and under application of safeguards.
280
ILO Convention 184 concerning Safety and Health in Agriculture, adopted June 21, 2001, entered into force on September
20, 2003.
281
European Social Charter, Turin, October 18, 1961, entered into force February 26, 1965, ratified by Greece on June 6, 1984,
art. 7.
The Charter of 1961 however, is applicable in scope only to children who are legal residents or who regularly live in the
member state….Thus, among the children interviewed by Human Rights Watch, only those who have asked for asylum or have
been granted refugee status or residence under subsidiary protection fall under the scope of the Charter.
282
Constitution of Greece, art. 28(1).
283
Offenses are punished with imprisonment of at least three months and a fine between 3,000 and 15,000 Euros; Law
3386/2005, art. 86.
284
Law 3144/2003, art. 4 (4); Law 1837/1989, art. 18.
285
The guardian of the child only faces these sanctions under Law 1837/1989, art. 18, if he or she allowed the employment of
a child contrary to legal provisions. Under the more recent law 3144/2003, art. 4 (4) the guardian of the child faces in any case
the same sanctions as the employer and there is no requirement that the guardian must have consented to the child’s
employment.
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