Social Work & Society ▪▪▪ A. Fili, V. Xythali: The Continuum of Neglect: Unaccompanied Minors in
Greece
8
According to these sources, in 2015 only 426 asked for asylum and 2,248 for a reception
9
placement .
The statistical representation of minors who do not apply in these categories is at all times
obscure, rendering a large number of them, who consider Greece a transit point, invisible to
the authorities. In this context, questions are emerging as to the increasing accounts of
‘missing and disappearing children’ and, more specifically, the conditions and situations to
10
which they are disappearing . This is further distorted by disparate identification procedures
11
at border locations . Therefore, based on the evidence at hand, no firm conclusion can be
reached as to how many UAM cross the border every year and what happens to them while in
Greece.
3 Legislative and Institutional Framework
The overall legal framework for the protection of children in Greece is designed in line with
the Convention on the Rights of the Child that was officially transposed into Greek legislation
with Law 2101/1992 and is applicable to all children on Greek territory irrespective of their
nationality or ethnic origin. This lies in conjunction with other institutional documents on the
12
protection and rights of children on the move (UNICEF 2016b) . However, the
underdevelopment of social care services before the fiscal crisis and the subsequent dramatic
decrease in social spending and social benefits (Zambarloukou 2015), have noticeable
implications for the Greek society, let alone for its foreign national UAM who cannot rely on
family solidarity. This section will attempt to navigate readers through the complicated and
ever shifting legal framework for UAM in Greece.
3.1 First Receptions and Identification of unaccompanied minors
Although there is a clear definition in law of who can be considered unaccompanied or
separated, for a number of years disparate cases have been observed, reflecting long-held
systemic problems with the identification of minors in question as unaccompanied, as well as,
highlighting how children circulate out of and beyond secure spaces (Leifsen 2013).
‘First’ reception procedures are currently regulated by Law 4375/2016, which builds on Law
3907/2011. The new legislation foresees the establishment of a new Reception and
Identification Service with the mandate to identify and offer first line protection to vulnerable
groups, including UAM. Furthermore, it provides for the creation of a department for the
protection of UAM, under the also newly founded General Secretariat for Reception that will
undertake the responsibility of the overall protection and assistance of UAM who end up in
8
http://asylo.gov.gr/wp-content/uploads/2017/11/Greek_Asylum_Service_Statistical_Data_GR.pdf
It is worth noting that Non-governmental organizations (NGO) collect their own data, yet they only reflect the
type of specialized services they offer, which inevitably leads to double counting.
10 http://www.dw.com/en/refugee-crisis-where-have-6000-children-vanished/a-19180385
11 There is an exponential increase in these phenomena associated with periods when the number of UAM in
detention is significantly larger than the available accommodation spaces. A common practice of the police is to
‘allow’ for wrongful registrations in order to alleviate pressure on the detention system.
12 Directive 2011/95/EU of the European Parliament and of the Council of December 13, 2011; Directive
2013/32/EU of the European Parliament and of the Council of June 26, 2013; Directive 2013/33/EU of the
European Parliament and of the Council of June 26, 2013; Regulation (EU) No. 604/2013 of the European
Parliament and of the Council of June 26, 2013; Regulation (EU) No. 603/2013 of the European Parliament and
of the Council of June 26, 2013; Council Directive 2001/55/EC of 20 July 2001; Directive 2008/115/EC of the
European Parliament and of the Council of December 16, 2008; Council Directive 2003/86/EC of 22 September
2003; Directive 2011/36 / EU of the European Parliament and of the Council of 5 April 2011.
9
Social Work & Society, Volume 15, Issue 2, 2017
ISSN 1613-8953 ▪▪▪ http://nbn-resolving.de/urn:nbn:de:hbz:464-sws-1264
3