The most recent Greek asylum laws define an unaccompanied child as a person
below the age of 18 without an adult customarily or legally responsible for his or her
care25 and it makes representation of all unaccompanied children by a guardian
mandatory, regardless of whether the child has asked for asylum.26 According to the
law, an unaccompanied child’s asylum claim is to be assessed by a competent
official, on the basis of up-to-date and precise information, and after an objective
and impartial examination, taking into account child-specific forms of persecution.27
In reality, however, asylum applications are routinely rejected and remain without a
fair and full assessment (see chapter IV).
There is, furthermore, a lack of legal protection for unaccompanied children who do
not seek asylum, including those who are prevented from accessing asylum
procedures because of existing obstacles. Although these children are by law
represented by a (temporary) guardian, their irregular status as migrants who
illegally entered the country remains unchanged. As such, they are subject to arrest,
detention, and deportation.28
Institutional Responsibilities
Responsibility for unaccompanied refugee and migrant children is divided among
various government entities.
The police are responsible for virtually all aspects of immigration and asylum—
including the adjudication of asylum claims at first instance and the deportation of
migrants. The system lacks independent oversight and an unaccompanied child may
be in contact only with the police from the point of arrival until his or her deportation.
The Ministry of Health and Social Solidarity (Ministry of Health) is responsible for
providing accommodation, access to medical services (including for victims of abuse
25
This definition does not make the additional distinction between an unaccompanied and a separated child, and there is no
reference to whether an adult person who accompanies the child is the child’s primary care-giver (see definition by the
Committee on the Rights of the Child in the methodology section).
26
Presidential Decree 220/2007, art. 19.1; Ministry of Interior Circular, Prot. No.: 5401/ 1 – 261100, February 23, 2008, Section
3.
27
Presidential Decree 90/2008, art. 6(2); Presidential Decree 96/2008, art. 9(f).
28
Law 3386/2005, arts. 76, 79(1), 83.
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