Greece is a state party to some of the key conventions prohibiting child labor, such as the Convention on the Rights of the Child,278 but also the ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (Worst Forms of Child Labor Convention), and ILO Convention No. 138 concerning the Minimum Age for Admission to Employment (Minimum Age Convention).279 Greece has, however, not ratified ILO Convention 184 concerning Safety and Health in Agriculture.280 The European Social Charter contains additional protective provisions including the child’s right to a fair wage and the necessity to limit work hours in accordance with the child’s development.281 International conventions to which Greece is a state party form an integral part of domestic law and prevail over any contrary domestic provision.282 Sanctions are provided for by both immigration and labor legislation. Immigration legislation forbids employers to hire aliens without residence permits.283 If an employer violates the prohibition of child labor, he or she faces imprisonment of up to two years, a fine, and administrative penalties that may include the closing of business.284 Both provisions extend the same sanctions to the child’s guardian.285 278 CRC, art. 32. 279 ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (Worst Forms of Child Labor Convention), adopted June 17, 1999, 38 I.L.M. 1207 (entered into force November 19, 2000), ratified by Greece on November 6, 2001. ILO Convention No. 138 concerning the Minimum Age for Admission to Employment (Minimum Age Convention), adopted June 26, 1973, 1015 U.N.T.S. 297, entered into force June 19, 1976, ratified by Greece on March 14, 1986. These instruments prohibit the employment of anyone under 18 in work with the potential to harm their health, safety and morals. However they allow for a significant exception and permit children’s employment in such types of work from the age of 16 on an exceptional basis, and under application of safeguards. 280 ILO Convention 184 concerning Safety and Health in Agriculture, adopted June 21, 2001, entered into force on September 20, 2003. 281 European Social Charter, Turin, October 18, 1961, entered into force February 26, 1965, ratified by Greece on June 6, 1984, art. 7. The Charter of 1961 however, is applicable in scope only to children who are legal residents or who regularly live in the member state….Thus, among the children interviewed by Human Rights Watch, only those who have asked for asylum or have been granted refugee status or residence under subsidiary protection fall under the scope of the Charter. 282 Constitution of Greece, art. 28(1). 283 Offenses are punished with imprisonment of at least three months and a fine between 3,000 and 15,000 Euros; Law 3386/2005, art. 86. 284 Law 3144/2003, art. 4 (4); Law 1837/1989, art. 18. 285 The guardian of the child only faces these sanctions under Law 1837/1989, art. 18, if he or she allowed the employment of a child contrary to legal provisions. Under the more recent law 3144/2003, art. 4 (4) the guardian of the child faces in any case the same sanctions as the employer and there is no requirement that the guardian must have consented to the child’s employment. Left to Survive 84

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