Working together to end immigration detention: 17 a collection of noteworthy practices the overseas territories78 and for children older than new system of protection and accommodation was 16. Civil society organisations continue to advocate introduced.86 These legislative changes have been for the full abolition of child detention. welcomed by national and international organi- 79 sations, although efforts are still needed to ensure In Greece, the combined impact of several decisions their full implementation in practice.87 Children in by the European Court of Human Rights, 80 and Greece also continue being detained or deprived the European Committee of Social Rights (ECSR) of their freedom of movement on other grounds. contributed to the end of the systematic detention For instance, in the new EU funded Multi-Purpose of children in the so-called ‘protective custody’ Reception and Identification Centres (MPRICs) on the system and to the reform of the reception system.81 Greek islands of Kos, Samos and Leros, unaccompa- This system, under which children were detained in nied children were prohibited from exiting the fenced police stations and administrative facilities, had been “SAFE AREA” container section guarded by security ongoing for years82 and criticised by several NGOs.83 personnel. This ‘restriction of liberty’ remained valid Both the European Court of Human Rights and the until their placement in shelters for minors, a process ECSR85 found this practice to be contrary to the best which took an average of two months in 2022.88 In interests of the child and unlawful, as it involved addition, the detention of unaccompanied children deprivation of liberty and ill-treatment. In 2020, the is still happening in pre-removal detention centres.89 84 ‘protective custody’ system was abolished and a 78 In the ‘outre mer’ territories there are four detention centres (CRA) and several temporary detention facilities (LRA) situated in the proximity of police stations. The four CRA are situated in Guyane, Guadeloupe, la Réunion and Mayotte. Migrants detained in those centres account for 62,5% of the entire population of migrant detainees in France. The number of children detained in ‘outre mer’ CRA, and particularly in the Mayotte CRA is 40 times higher than in the territory. La Cimade, 2022, Centre et locaux de rétention administrative. 79 ANAFÉ, Projet de loi immigration: l’UNICEF France et 20 associations appellent le Gouvernement et les parlementaires à interdire définitivement l’enfermement administratif des enfants [accessed on 23 October 2023]. 80 See ARSIS, The ECHR grants interim measures putting an end to the detention of unaccompanied minors in police stations, 10 October 2019 [accessed on 23 October 2023]. 81 The European Committee of Social Rights is a Council of Europe body in charge of monitoring the compliance of States Parties with the Charter of Social Rights. It also examines complaints lodged by social partners and non-governmental organisations. On the Greek case, see ECSR, complaint n. 173/2018. 82 Greek Law allowed for placing homeless children in police stations and closed centres with a view of ensuring their ‘protection’. In practice, this resulted in children’s deprivation of liberty and exposure to degrading living conditions. Ex multis, Working Group on Arbitrary Detention, 2019, Preliminary Findings on its report to Greece; State Watch, 2019, No End in Sight; EKKA, 2019, Situation Update: unaccompanied children (UAC) in Greece. 83 Human Rights Watch, 30 June 2020, Children’s Rights and Alternative Care: Submission to the Committee on the Rights of the Child. 84 ECtHR, 28.2.2019, H.A. and Others v. Greece, app. n° 19951/16; ECtHR, 13.6.2019, Sh.D. and Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia, app. n° 14165/16. 85 ECSR, International Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) v. Greece, Complaint No. 173/2018. 86 Law 4760/2020 of 11 December 2020 excluded unaccompanied minors from the categories of persons to whom protective custody can be lawfully applied under Article 118 of Presidential Decree 141/1991 which disciplined the protective custody. However, detention is still possible under Article 50 of Law 4939/2022 “on international protection and other provisions”. 87 Interview with Alexandros Konstantinou, Greek Council for Refugees, Greece, on 2 December 2022. For an overview of the new system, International Rescue Committee, 2021, A Chance for a Better Future. 88 Greek Council for Refugees, 2023, AIDA Report 2022. 89 In 2022, 14 unaccompanied children has been placed in detention and 515 were kept (de facto detained) in pre-removal detention centres. Ibid.