to cooperate with the risk of reprisal victims or their families may face.313 Only few
victims are granted trafficking victim status.314 Human Rights Watch asked the
Ministry of Justice to provide us the number of children who had been recognized as
trafficking victims and eligible for temporary residence. As of the time of writing we
have not received a reply.
The definition of trafficking in children in Greek legislation is not as far-reaching as
those in international treaties and European law. A trafficker in Greece can be
convicted if he or she exploits a person by using violence, threat or coercion,
exercise of control or abuse of power, deceit, or takes advantage of a person’s
vulnerability. The Trafficking Protocol makes trafficking of a child a crime even if
none of these means are used.315
Among the key international treaties combating trafficking in human beings, Greece
has ratified only the Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child Pornography.316 It has signed but
not ratified the United Nations Convention on Combating Transnational Organized
Crime and its supplementing Protocol to prevent, suppress and punish trafficking in
persons, especially women and children.317 Greece has signed but not ratified the
Council of Europe Convention on Action against Trafficking in Human Beings and it is
313
Children can be granted additional reflection time of one month, according to article 48.2 of law 3386/2005, but they still
have to cooperate with authorities to receive victim status.
314
Human Rights Watch interview with Maria Kaldani, ARSIS, Athens, June 10, 2008. US State Department, Office to Monitor
and Combat Trafficking in Human Beings, “Trafficking in Persons Report 2008: Greece,” June 4, 2008,
http://www.state.gov/g/tip/rls/tiprpt/2008/ (accessed September 12, 2008)
315
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the
United Nations Convention Against Transnational Organized Crime (Trafficking Protocol), G.A. Res. 25, annex II, U.N. GAOR,
55th Sess. Supp. No. 49, at 60, U.N. Doc. A/45/49 (Vol. I) (2001), entered into force December 25, 2003, art. 3; Law 3064/2002
on combating trafficking in human beings, crimes against sexual freedom, child pornography and generally the economic
exploitation of sexual freedom, and assistance to victims of such acts, Official Gazette A 248, art. 1. This exception is also
included in article 1(3) of the legally binding EU Council Framework Decision of July 19, 2002 on combating trafficking in
human beings (2002/629/JHA), http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:203:0001:0004:EN:PDF
(accessed August 24, 2008).
316
Greece ratified the optional protocol on February 22, 2008.
317
Greece signed the trafficking protocol on December 13, 2000.
Left to Survive
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