Asylum applications of minors and their examination is regulated in P.D 114/2010 18. While undergoing an examination, the guardian could be present if he/she wishes, unless the child is below the age of 14 years. In WKHODWWHUFDVHWKHJXDUGLDQ¶VSUHsence - and their actual and substantial existence for that matter ±is a prerequisite even for the application of asylum. The competent receiving and examining authorities are obliged to immediately ensure that the FKLOG¶V accommodation needs are met, either in the attendance of a relative, a foster family or a FKLOGUHQ¶VUHFHSWLRQFHQWUH, while at the same time making every effort possible to locate other members of his/her family , without undue delay19. Detention of minors is to be ³avoided´ at all times. Unaccompanied minors could KRZHYHUEHGHWDLQHG³only for the time necessary until they could safely be referred to a suitable reception facility for minors´ ZLWKRXW the law prescribing any further requirements or a maximum time limit20. Nonetheless, living conditions during detention are not to be of a lower standard than the ones laid down by Directive 2003/9/EC as a minimum entitlement to all asylum seekers. The Directive does not differentiate its applicability according to the type of premises. Hence, despite confinement, conditions should be such as to ensure their health, their basic needs of subsistence and the protection of their fundamental rights21 - regardless of age. When it comes to minors though, conditions should additionally be consistent with the special needs of childhood. 18 a. 4, 10, 12, PD 114/2010 a. 19 PD 220/2007 20 a. 13 (6) b PD 114/2010, actually being one of the most unfortunate provisions therein.. Ever since its adoption by the Greek Legislator article 13 violates the FKLOGUHQ¶V³ULJKWWROLEHUW\DQGSHUVRQDOVHFXULW\´DVSUHVFULEHGLQDUWLFOHRIWKH(&W+5DQG interpreted by the ECHR. Deprivation of liberty is justified only by law and only for the reasons exhaustively mentioned in article 5. Detention is lawful during penal procedures, a lawful and active deportation procedure etc., always accompanied by an effective and accessible remedy reviewing its lawfulness and necessity, a safeguard against state arbitrariness. None of the above preconditions are met in national legislation. Minor¶s detention is used as a superficial solution to the everlasting problem of insufficient reception facilities, giving the Administration an unlimited amount of time and hence significant discretion before fulfilling its obligation to accommodate the child. Thus national law nominated WKH DGPLQLVWUDWLRQ¶V FRQYHQLHQFH WR D ODZIXO reason for detention, without even providing for a remedy to challenge the relevant decision. 21 a 12 PD 220/2007 19 9