VII. Exploitation of Children
Unaccompanied children outside of care have to fend for themselves. Children who
have not applied for asylum do not have a regular status and as such are barred from
legal employment. In contrast, children who have filed an asylum application and are
over the age of 15243 are, in theory, permitted to work in non-hazardous jobs; however,
due to the dysfunctional guardianship system described in chapter II, they are often
unable to secure the necessary guardian’s consent to obtain a work permit.244 As a
result unaccompanied children who live outside of state-sponsored care
arrangements—most unaccompanied children—find themselves in a daily struggle
for survival, compelled to accept any type of work they find. Operating outside the
legislative framework, many end up performing exploitative and hazardous work.
Children interviewed were paid wages below and sometimes far below the minimum
wage, and they worked for extensive hours. Work under such conditions amounts to
exploitation that may reach the level of forced labor.245 Although Human Rights
Watch’s research did not focus on trafficking, some children whose testimonies are
documented in this report may have been trafficked, as defined in international
law.246
243
Presidential Decree 62/1998, Measures for the protection of youth, in accordance with Directive 94/33/EC, Official Gazette
A 67, arts. 2, 4; Law 1837/1989, Employment of minors – protection of minors, Official Gazette A 85, arts. 2(1), 3.
244
Civil Code, arts. 1619-1620. See also Papageorgiu and Dimitropoulou, Unaccompanied Minors Study, pp. 80-84.
245
Worst Forms of Child Labor Convention 182, art. 3(a).
246
For the purposes of this Protocol:
(a) “Trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or
the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article
shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be
considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;
(d) “Child” shall mean any person under eighteen years of age,” Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the United Nations Convention on Transnational Organized Crime
(Trafficking Protocol), adopted November 15, 2000, G.A. Res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc.
A/45/49 (Vol.I) (2001), entered into force December 25, 2003, art. 3.
75
Human Rights Watch December 2008
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