Greek legislation provides for the appointment of a
provisional legal guardian for unaccompanied children living
in Greece irrespective of their status.60 The responsibility
lies with juvenile and court prosecutors who are asked to
act as temporary legal guardians both for children seeking
asylum and irregular migrant children. As HRW points out,
“Prosecutors [already under-resourced] fail to safeguard the
child’s interests or keep track of a child as he or she moves
through different parts of the immigration system.”61
According to the Convention on the Rights of Child, “The
arrest, detention or imprisonment of a child shall be …
used only as a measure of last resort and for the shortest
appropriate period of time. Every child deprived of liberty
shall be treated with humanity … and in a manner, which
takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated
from adults.”62
Greek law does not exempt children who enter Greece
without valid papers from being put in administrative
detention. Unaccompanied minors are therefore often held
for several weeks in detention centers where, as previously
described, conditions are often appalling. MSF repeatedly
witnessed unaccompanied minors being detained in the
same cells with adults in Filakio and Venna detention centers,
usually because they were not recorded as minors. On one
occasion male minors complained to MSF staff about being
sexually harassed by male adults, who were in the same
cell. In that case police promptly transferred the minors to a
different detention facility.
In December 2009, four unaccompanied minors used sharp
objects to injure their upper torso and arms. This was to
protest against their detention, which had exceeded three
months. Unaccompanied minors have also gone on hunger
strikes protesting against the conditions and duration of their
detention.
Extended detention of unaccompanied minors is partly due
to the lack of adequate shelter. Prosecutors need to wait
until a vacancy is available in a shelter before the minor is
released from the detention center. The Ministry of Health
and Social Solidarity is responsible for the accommodation
of unaccompanied children who have applied for asylum
or are victims of trafficking. Only 340 beds are available
in seven shelters for unaccompanied minors throughout
Greece.63 It should be noted that unaccompanied minors
who are not asylum seekers are also accommodated in
those shelters. Shelters are often located in remote areas
with limited possibilities for the integration of minors. Most
often the minors leave the shelter after a few days or weeks
determined to continue their journey. Many have family in
other European countries and some have contacts in Greece.
Few might return to the shelter after their efforts to leave
Greece or find a job have failed.
25
In Mitilini I stayed for a few days. Then we came to Athens.
I am travelling with an older friend. I call him my brother. In
Athens we found a place in a flat. The flat was very small with
only two rooms. We were 13 people staying there and we had
to pay 750 euros for that flat. In Athens it was very difficult.
You cannot get a job. I tried already to leave Greece a couple
of times. I know that the paper they gave us says that we
can only stay in Greece for 30 days. The only thing I want is
to work to be able to provide for my younger brother and
sisters. They are all my life. If they would just give us a place
to stay then we would manage. We could learn the language.
Now we cannot stay here and they also do not allow us to
go to another country in Europe. We are treated worse than
animals. And we are humans too.
Afghan adolescent, 16 year old
MSF teams tried to identify minors in detention centers
and urged authorities to address their specific needs. MSF
psychologists and social workers offered support to individual
children and informed them about the possibility of being
accommodated in shelters. MSF was in contact with the
Ministry of Health and Social Solidarity asking authorities
to speed up the process of minors’ placement in shelters.
However, MSF’s potential for effective referrals and follow
up of unaccompanied children was significantly limited
by the serious shortcomings in the protection system for
unaccompanied minors.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents