On 22 July 2022, L 4960/2022 on the National Guardianship System and Framework of Accommodation
of UAMs505 entered into force replacing former law L 4554/2018 on guardianship, which was never
implemented in practice. New provisions on guardianship and accommodation were inserted in the third
part of the Asylum Code regarding Reception (provisions on guardianship were incorporated in Chapter
C / Part 3 in Articles 66A-66ΚΔ and provisions on accommodation in Chapter D / Part 3 in Articles 66ΚΕ–
66ΛΔ). Under the new legislative provisions on guardianship, general competency was passed from the
National Centre for Social Solidarity of the Ministry of Labour and Social Affairs to the Special Secretary
for the Protection of Unaccompanied Minors (SSPUAM).
Under the new law, the provision of guardianship is relegated to a list of legal entities appointed by the
Prosecutor (i.e., public entities, NGOs, international organisations) who collaborate with persons acting
as guardians. The Prosecutor can also appoint a child’s family member or friend to be responsible for
their everyday care. However, Ministerial Decisions are yet to be issued for the full implementation of the
new law. Currently, until the relevant Ministerial Decisions are issued, the former guardianship law is still
in force regarding the Public Prosecutor acting as temporary guardian for unaccompanied children.
In May 2019, the European Committee on Social Rights of the Council of Europe adopted its Decision on
Immediate Measures following a collective complaint lodged by ECRE and ICJ, with the support of GCR,
and indicated to the Greek Authorities, inter alia, to immediately appoint effective guardians. 506 The Greek
Authorities had still not complied with this Decision by the end of February 2022.
The fact that the public sector is severely untrained and understaffed hinders the situation even more.
Assigning the additional task of guardianship to prosecutors has proved to be particularly disastrous over
the years, especially given the number of prosecutors and their workload as prosecuting authorities. 507
Several civil society organisations have mentioned that “Unaccompanied children are not immediately
appointed a guardian for the purposes of reception and identification procedures. However, at different
times in recent years, on the basis of a general authorisation of guardians coordinated by METAdrasi by
public prosecutors, unaccompanied children on Lesvos, Chios, Leros and Kos have been able to be
accompanied by guardians during the aforementioned procedure before Frontex. The presence of
guardians has had visible impact on the transparency of the registration of the individuals’ personal
details, including declared age”. 508
The total number of applications for international protection lodged by unaccompanied minors before the
Asylum Service in 2022 is not available.
On 6 April 2021, the Ministry of Migration and Asylum and UNHCR, in collaboration with IOM and the
NGOs Arsis, METAdrasi and the Network for Children’s Rights, launched a mechanism to rapidly identify
unaccompanied children who are homeless or live in insecure conditions and transfer them to safe
accommodation. The mechanism includes a 24/7 telephone hotline for identifying and tracing children in
need, available in six languages. 509 According to GCR’s observations, the new mechanism is very
responsive to requests addressed both by NGO’s and by UAMs themselves.
505
506
507
508
509
L 4960/2022 National Guardianship System and Framework of Accommodation of UAMs and other provisions
under the jurisdiction of the MoMA.
European Committee on Social Rights, Decision on admissibility and on immediate measures, International
Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) v. Greece, Complaint No.
173/2018, 23 May 2019.
Rosa Luxemburg Foundation, Children Cast Adrift: Exclusion and exploitation of unaccompanied minors
(UAMs) in Greece (2019), available at: https://bit.ly/2y9sEd3.
RSA and other civil society organisations, as above, 24.
MoMA, 6 April 2021, available at: https://bit.ly/3JGUhJk.
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