were those of children with relatives they had managed to contact in other European
countries. In these cases, the corresponding states were approached to accept responsibility
RIWKHFODLP¶V14 examination and take charge of the child.
II. Legal Status : Child Protection & Detention framework
³Refugee children are among the most vulnerable groups in the world ± they are, for example,
GLVSURSRUWLRQDWHO\ OLNHO\ WR EH YLFWLPV RI VH[XDO DEXVH RU PLOLWDU\ UHFUXLWPHQW « :KDWHYHU WKH
pressure on the receiving State its legal and moral obligations to protect these children are
XQDUJXDEOH´15
The Greek legal protective framework for unaccompanied refugee children is
probably the most deficient part of the national legislation regarding refugees, despite
numerous international provisions and guidelines. Provisions for this are disbursed within
the current laws, primarily in two basic Presidential Decrees introducing EC law,
no.114/2010 and 220/2007.16
The competent district Public Prosecutor for minors is responsible for the
representation of an unaccompanied minor, or LQ WKH IRUPHU¶V DEVHQFH the Public
Prosecutor of First Instance. These authorities are considered the ³de facto´ temporal
guardian for minors, until a suitable person for this task is identified and appointed.17
14
The Dublin Regulation (Dublin II).
³,PSOHPHQWDWLRQ+DQGERRNIRUWKH&RQYHQWLRQRQWKHULJKWVRIWKHFKLOG´8QLFHI- Fully revised third edition, Geneva 2007
pag 313 / UN CRC, GENERAL COMMENT No. 6 (2005) TREATMENT OF UNACCOMPANIED AND SEPARATED
CHILDREN OUTSIDE THEIR COUNTRY OF ORIGIN CRC/GC/2005/6 - 1 September 2005.
16
Presidential DecUHH QR ³'Procedures concerning the recognition of refugees and persons entitled to subsidiary
protection according the Council Directive 2005/85//EC RQ ³PLQLPXP VWDQGDUGV RQ SURFHGXUHV RQ PLQLPXP VWDQGDUGV RQ
SURFHGXUHVLQ0HPEHU6WDWHVIRUJUDQWLQJDQGZLWKGUDZLQJUHIXJHHVWDWXV´ and Presidential Decree 220/2007 on the transposition
into the Greek legislation of the Council Directive 2003/9/EC laying down minimum standards for the reception of asylum
seekers in Member states.
17
a. 19 P.D 220/2007
15
8
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