Guardianship The Committee on the Rights of the Child specifies that states are required to secure proper representation of an unaccompanied child’s best interests. This requirement derives from the binding obligation that a child’s best interest is to be a primary consideration in all actions affecting the child.59 To this end, states should appoint a guardian or advisor as soon as an unaccompanied child is identified.60 The guardian should be consulted and informed about all actions taken with regard to the child.61 The Committee on the Rights of the Child also asks that guardianship be reviewed62 and it specifies that in case a child enters the asylum procedure he or she should, in addition, be given legal representation.63 Greek legislation and a Ministry of Interior circular provide that public prosecutors are tasked to act as temporary guardians for all unaccompanied children—migrants, refugees and asylum seekers.64 The guardianship system for Greek children deprived of their family environment is slightly different in that public prosecutors do not act as temporary guardians.65 Greek law stipulates that a child is to be represented by a guardian when neither parent exercises care, or when the child is unaccompanied and not taken into substantial care by an adult responsible for the child by law or custom.66 The guardian’s duty includes an obligation to take care of the child, to represent the 59 CRC, art.3. 60 This position is supported by the UNHCR. See, Office of the United Nations High Commissioner for Refugees (UNHCR), “Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum,” (UNHCR Guidelines), February 1997, executive summary. 61 UN Committee on the Rights of the Child, General Comment No.6, para. 33. The Separated Children in Europe Program specifies what a guardian’s mandate should include. See, Separated Children in Europe Program, Statement of Good Practice 2004, Third Edition, http://www.separated-children-europe-programme.org/separated_children/good_practice/index.html (accessed September 3, 2008) p.16. 62 UN Committee on the Rights of the Child, General Comment No.6, para.35 63 UN Committee on the Rights of the Child, General Comment No.6, para.36 64 Presidential Decree 220/2007, art. 19.1; Ministry of Interior Circular, Prot. No.: 5401/ 1 – 261100, February 23, 2008, Section 3. Most unaccompanied migrant children are only represented by temporary guardians, either the prosecutor for juveniles or the head of the regional first instance court. Temporary guardians may propose the appointment of a permanent guardian through the court, according to articles 1592 and 1601 of the Greek Civil Code. The start of temporary guardianship for unaccompanied children does not require a court decision according to Presidential Decree 220/2007, art. 19.1. 65 Greek Civil Code, arts. 1592, 1600-1601. 66 Greek Civil Code, art. 1589; Presidential Decree 220/2007, art. 1 (f). 25 Human Rights Watch December 2008