geQHUDOSULQFLSOHRIWKH³%HVW,QWHUHVWRIWKH&KLOG´,31 obliging authorities to be guided
in every decision, even reflecting to the life of a child, primarily by WKH FKLOG¶V
interests.32
For these children, the so-FDOOHG ³displaced´ RQHV, the principle must be
respected during all stages of the ³displacement cycle´, without limiting its application
to refugee children alone. The mere fact that they are not being cared after, entails the
express obligation of states to search for short and long-term durable solutions,
commencing by tracing family members and, if possible, reunifying them immediately,
unless the best interest of the child dictates otherwise.33
III. The Greek Border Reality
In practice, none of the above provisions is observed in the Evros region, leading to
QXPHURXV DQG PXOWLSOH YLRODWLRQV RI FKLOGUHQ¶V ULJKWV 7KH PDMRU SUREOHPV of minors
found throughout the year of this case study were: Long-lasting detention in inhumane
and degrading conditions - due to lack of sufficient and appropriate reception facilities-,
31
As its moreover defined and particularized for unaccompanied children by &5&¶V GENERAL COMMENT No. 6 (2005)
TREATMENT OF UNACCOMPANIED AND SEPARATED CHILDREN OUTSIDE THEIR COUNTRY OF ORIGIN
(CRC/GC/2005/6)
32
7H[WRI$UWLFOH³1. In all actions concerning children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2.
States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account
the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end,
shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall conform with the standards established by competent authorities,
particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision´
33
&5&*&SDJH³9,,)$0,/<5(81,),&$7,215(7851$1'27+(5)25062)'85$%/(62/87,216´. When it
comes to refugee children, article 22 of the Convention provides among others, as follows : ³ 6WDWHV 3DUWLHV VKDOO WDNH
appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with
applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or
by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in
the present Convention and in other international human rights or humanitarian instruments to which the said States are parties. 2.
For this purpose, States Parties shall provide, as they consider appropriate, cooperation in any efforts by the United Nations and
other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to
protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain
information necessary for reunification with his or her family. In cases where no parents or other members of the family can be
found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family
environment for any reason, as set forth in the present Convention.
12
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