GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
45
On vulnerable groups
Introduce a prohibition in law on the detention of vulnerable people including torture
survivors, pregnant women, those with serious medical and psychological conditions and the
elderly.
On unaccompanied children
Immediately end the practice of detaining unaccompanied children, and prohibit in law
the detention of unaccompanied asylum-seeking and migrant children.
Ensure that the best interests of the child is a primary consideration in all decisions
concerning asylum-seeking and migrant children during every phase of their presence in
Greece, regardless of their immigration status or that of their parents or guardians.
Take measures to ensure that unaccompanied children are immediately identified on
arrival, through procedures directed towards the protection of their fundamental rights and
centred on correct information concerning their rights, so as to avoid their detention,
deportation, mistreatment or exploitation.
Adopt formal age assessment procedures.
Ensure that the benefit of the doubt is given to young people whose age is subject to
assessment, including where no documents are available. This would include taking into
account not only the physical appearance of the child but also his/her psychological
maturity/immaturity. Decision-makers should avoid making decisions regarding the
assessment of the age of young people on the basis of forensic medicine alone.
Ensure that unaccompanied children have immediate access to suitable alternative
reception structures.
Ensure that children are separated from adults, except for the members of their own
family unit, and that the facilities in which they are lodged and the spaces in which they
move are clearly distinct.
Establish more special reception centres for unaccompanied asylum-seeking and migrant
children.
Create an effective guardianship system that can protect the rights and interests of
unaccompanied migrant and asylum-seeking children by ensuring that there is a sufficient
number of guardians with the necessary expertise to safeguard the best interests of the child.
More specifically, appointed guardians should ensure that the child’s legal, social, health,
psychological, material and educational needs are adequately provided for.
Ensure that in addition to the appointment of a guardian, unaccompanied children
involved in asylum procedures or administrative or judicial proceedings are provided with free
legal representation.
Index: EUR 25/002/2010
Amnesty International July 2010
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