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National Assessments
GREECE - Questionnaire for Country Assessment
PLEASE READ THE GUIDELINES ON THE FOLLOWING PAGES CAREFULLY
Assessment Period: JULY – OCTOBER 1999
2003 Update of the Greek national assessment [ PDF ]
RESPONDENTS : SAVE THE CHILDREN, GREECE
AGENCIES/INDIVIDUALS CONSULTED:
Ministry of Public Order
Ministry of Health and Welfare
Ministry of Justice
National Organisation for Social Care
U.N.H.C.R
Red Cross
International Social Service
Greek Council for Refugees
Social Work Foundation
International Organisation for Migration
Local Authorities
Children’s Hospitals
DOCUMENTS USED OR REFERRED TO:
Civil Code
Penal Code
Presidential Decrees
Migration Law
Conventions related to asylum, human rights and children’s rights
Dublin Convention
Schengen Convention
U.N.H.C.R Guidelines
Statement of Good Practice (Save the Children)
DEFINITION OF "SEPARATED CHILD"
1. ACCESS TO THE TERRITORY
2. IDENTIFICATION
3. APPOINTMENT OF GUARDIAN OR ADVISER
4. REGISTRATION AND DOCUMENTATION
5. AGE ASSESSMENT
6. DETENTION
7. RIGHT TO PARTICIPATE
8. FAMILY TRACING & CONTACT
9. FAMILY REUNIFICATION IN A EUROPEAN COUNTRY
10. INTERIM CARE - HEALTH - EDUCATION AND TRAINING
11. REFUGEE DETERMINATION PROCESS
12. DURABLE SOLUTIONS
13. DATA COLLECTION
DEFINITION OF "SEPARATED CHILD" (SGP: A 2.1)
a) Please give details of the definition used in your country. Different agencies may apply different definitions. Please give details of this.
The definition used during our research identified to the one used in the Statement of Good Practice. Regarding the age of the minors in need of international protection, our findings are as follows:
Although all NGOs provide protection to all minors under 18 years of age, the police department pays more attention to cases up to 13 years old (according to relevant articles of the Greek penal code). Minors over 14 years of age can be deported provided that there is a justified reason (pls. see below).
b) Are children with older siblings over 18 years of age considered to be separated children ? Please refer to Annex II of UNHCR Guidelines 1997.
According to Greek Civil Law, unaccompanied children are the ones who reside in the country without his/her natural parents or without being accompanied by persons who have the status of legal guardianship. Nevertheless, the Greek Police does not use the term "unaccompanied" for minors who reside in the country with relatives willing to undertake their protection/care. The social service though treat minors under 18 years of age as unaccompanied, even when their older siblings reside with them.
c) To what extent does this conform to the Statement?
It seems that the Greek Legislation conforms to the Statement unlike the everyday practice which is partially differentiated.
d) Are any changes needed? In relation to any first principle ?
N/A
1. ACCESS TO THE TERRITORY (SGP:C1)
a) Please describe relevant law, policy and practice in your country.
Greece has ratified the Schengen Convention. Most of the cases of minors residing in Greece have entered the country illegally. It is therefore very difficult to apply any identification process regarding status, age etc. Statistics relevant to separated minors are not kept. The only statistics available, concern young delinquents regardless of their family status and ethnic origin.
Cases arrested at the borders are either deported (it depends on the age and the situation), or referred to the International Social Service for family tracing. In case minors are below the age of 13 and their family members cannot be traced, they are referred to a relevant home and are placed under the care of a social worker or a psychologist.
Apart from the above categories, we have to mention the children who are born in Greece by illegal migrants and are abandoned in hospitals. Details regarding treatment of these cases will be mentioned at the paragraph about "Adoption".
b) To what extend does this conform to the Statement? Please outline in brief.
Due to the mass illegal entry, migration authorities and border police are not in the position to enforce the letter of the law. It is therefore, under the given circumstances, unrealistic to talk about conforming to the Statement.
c) Are any changes needed? In relation to any first principle?
It is generally accepted that there is a great need of appointing specialised professionals (social workers, psychologists) in local and border police departments, who will support minors in detention. These minors are often kept in the same cells with other adult illegal migrants, until their status determination process is finalised (for further details please see below).
d) Please also indicate whether your country has "carrier liability legislation" whereby airlines, train and boat companies can be fined if they bring in someone without proper documentation. Is this applied to children and young people under the age of 18?
Generally, illegal entry as well as illegal transportation comes under penal law. Additionally, there is specified legislation that penalises illegal transportation in relation to the carrier (means of transportation). The above articles apply also to cases of children and young people under the age of 18.
Trafficking (SGP.C1.2)
e) Are you aware of any children being trafficked for purposes of exploitation into your country? If so, please give brief example(s) stating if possible the country of origin and nature of trafficking. Please also give examples where children have travelled along trafficking routes in order to apply for asylum.
According to Greek Penal Code, minors are protected against exploitation for sexual purposes and prostitution. Nevertheless, researchers and other specialists accept that prostitution consists a form of economic exploitation as well. As far as the International Convention for Children’s Rights is concerned, Greece ratified it in 1992 ( No 2101/92).
Many cases of trafficking minors for economic exploitation have been reported. There is though strong suspicion, that many of them were cases of minors promoted to prostitution.
Economic exploitation: According to our information there are cases of parents who "rent" their children to mediators who bring them to Greece to work (children known as "street children" or "the children at the traffic lights"). Children begging or working in the streets are considered delinquent under Greek law and if arrested they are either referred to social services or deported (depending on their age). In most cases family tracing is successful. Nevertheless, children are not always accepted by their parents in the country of origin, due to previews binding "contracts" with the mediators. In case all members of the family reside in Greece, children are accepted back, but are often promoted again to work by their own parents. Country of origin in most cases is Albania.
Sexual exploitation: Due to strict laws against promotion to prostitution, most minors involved in such activities are provided with false documents, a fact which makes identification process extremely difficult, if not impossible. Although there are no official statistics or records, it is a common secret that activities of this kind take place, involving mainly children and young persons of various ages, of both Greek and foreign origin (Albania, Ukraine).
Cases of children seeking asylum are considerably less. The countries of origin are mainly: Iraq, Iran, Kurdistan, Afghanistan, Pakistan and rarely African countries. The trafficking route is mainly through Turkey, from either northern borders (river Evros) or by boat. Usually, some of their relatives of family members are already in the country as asylum seekers or refugees.
In all above-mentioned categories, children enter Greece illegally or with tourist visas. Illegal access to the country is rather easy due to its extended borderline and the ground morphology.
f) Have any measures been taken by the state to combat trafficking of any sort?
Greek authorities try to control the situation by various measures. The most important are:
¨ Massive arrests that take place in certain degraded areas where smugglers, pimps, prostitutes and other criminals associate.
¨ Introduction of new legalisation measures, including provision of "Green Card" (a kind of residence and work permit) to all illegal migrants who meet certain criteria.
¨ In an attempt to harmonize with the other EU member states, Greek government is in the process to modernize the migration policy, so that it meets current needs and addresses new social phenomena emerging from the increasing movement of populations.
2. IDENTIFICATION (SGP:C2)
a) Please describe relevant law, policy and practice in your country.
Given that access to territory takes place mainly by illegal ways, it is generally accepted that identification process is rather difficult. Due to justified fear, minors often lie, especially to police officers. In the long run, after they are placed in homes, a feeling of trust is developed between minors and their appointed social worker, allowing them to release more information. Contradictory stories though, are often told. In most of the cases these are minors from Albania, Bulgaria and Serbia, who are later on reunited with their parents.
b) To what extent does this conform to the Statement? Please outline in brief.
In theory, there is no differentiation but in practice, given the fact that most entries are illegal, the authorities are almost unable to proceed to identification upon the minor’s arrival.
c) Are any changes needed? In relation to any first principle?
It is believed that intensive patrolling of the borders would result in minimizing illegal trafficking.
3. APPOINTMENT OF GUARDIAN OR ADVISER (SGP:C3)
The following questions are answered in the paragraph below.
a) Is a guardian or adviser appointed?
b) If so, what is their role?
c) How soon after arrival are they normally appointed?
d) What kind of background and expertise do guardians / advisers have?
e) To what extend does this conform to the Statement? Please outline in brief.
f) Are any changes needed? In relation to any first principles?
There is a relevant provision of the Greek law but it is restricted to asylum seeking separated children only. In addition, in cases of juvenile delinquency, appointment of a legal guardian or adviser is provided by law. In the rest of the cases, after identification attempts have taken place, minors are placed in homes where the role of guardian or adviser is undertaken by social workers or psychologists with a Public Prosecutor’s order.
In general, the suggestions of the Statement are adopted. It is however accepted, that these professionals acting as guardians or advisers of separated children need a more specialised training. Intercultural approaches in social work and other relevant professions have only recently been adopted.
4. REGISTRATION AND DOCUMENTATION (SGP: C4)
The following questions are answered in the paragraph below.
a) Please describe relevant law, policy and practice in your country.
b) To what extent does this conform to the Statement? Please outline in brief.
c) Are any changes needed? In relation to any first principle?
Given that in most cases, minors enter the country illegally either with their parents or other "caretakers", the services involved are the police or the homes where children are hosted. There is no such service to register and keep records of separated children in need of international protection only. Thus, searching for statistical information becomes a very difficult task and the data collected are in many instances overlapping. In addition, it is worth mentioning that some major social services are not computerised at all, while the Ministry of Public Order does not differentiate between separated children and other categories in the record kept.
Follow up is in some cases impossible because sometimes children over 15 leave the homes (open, day-care homes) without any notice. Furthermore, as mentioned above, the majority of children (90%) are reunified with their family (see above: "Trafficking"). The rest are undertaken by International Social Service for family tracing. If this is not possible, children are forwarded to other Greek institutions.
5. AGE ASSESSMENT (SGP:C5)
Since children have entered the country illegally, without the necessary documentation, age assessment becomes extremely difficult for the officers involved who proceed with rough estimates. Authorities are rather flexible regarding age assessment, so they act for the benefit of the minor.
6. DETENTION (SGP:C6)
The following information applies to two different categories: minors who have applied for asylum and the so-called "street children".
a) Please describe relevant law, policy and practice in your country.
For asylum seeking minors legislation provides the following: relevant authorities process a minor’s application for asylum within three months. In case the minor (separated child) is kept in ports or airports, the asylum application is examined on the same day. If this application is rejected, there is always the opportunity of appeal. Law provides for legal support and family reunification. Greek legislation is fully harmonized with the relevant Conventions and Protocols for the protection of refugees.
Regarding the so-called "street children", things are more vague at a legislative level as well as at political level. Illegal entry and transportation by third parties is penalized. If minors are arrested along with other adults they have no specialised treatment; they are kept in detention with them. The procedure followed depends on the minor’s age: they are either deported or, after a Public Prosecutor’s order has been issued, referred to homes. However, authorities demonstrate a considerable level of sensitivity and flexibility when minors are concerned. At the same time International Social Services proceeds with family tracing.
b) To what extent does this conform to the Statement? Please outline in brief.
The relevant law, policy and practice in Greece do not conform to the Statement, as separated children and minors in general are not free from detention. Often they are detained for reasons related to their immigration status (i.e illegal entry, no residence permit). In addition, if arrested there is no special provision for them.
c) Are any changes needed? In relation to any first principle?
Authorities, social services and NGOs involved in supporting or promoting asylum applications, request that procedures are considerably accelerated. Professionals also suggested that legislation concerning minors and specifically separated children needs further development, so that it meets the current needs.
7. RIGHT TO PARTICIPATE (SGP:C7)
a) Please describe relevant law, policy and practice in your country.
Greek law provides for children’s right to participate in the decision making process. Especially for minors seeking asylum, aged 14-16, the interviewer must be able to assess whether minors age, psychological and mental state, allow them to realise the meaning and importance of their actions. In every case, the police department involved is to inform the Minors’ Public Prosecutor, so that he/her undertakes legal representation of the minor, till the status determination process has been finalized.
b) To what extent does this conform to the Statement? Please outline in brief.
It fully conforms with the Statement, as children’s wishes and views are sought and taken into account by all services involved, including the police. For example, we would like to point out , that in children’s homes, professionals have to secure child’s concurrence in every case. Even in cases of family reunion.
c) Are any changes needed?
Generally, the situation has been lately improved but still, we feel that much more attention to protect separated children’s rights should be paid. For example, in order to promote the right to participation, all separated children should be given the opportunity to express themselves in their mother tongue in all cases.
8. FAMILY TRACING & CONTACT (SGP:C8)
a) Please describe relevant law, policy and practice in your country
Greece has ratified the Dublin Convention. Thus, family tracing and reunification in Greece is a top priority from the early stages for all services involved.
b) Does this conform to the Statement? Please outline in brief.
Yes.
c) Are any changes needed? In relation to any first principles?
International Social Service –which mainly conducts family tracing along with the police- faces a number of problems due to insufficient infra-structure in cooperating countries, such as Albania. Changes in this case involve establishment of a more efficient network of local offices, in Albania, specifically in the areas where most of the separated children come from.
9. FAMILY REUNIFICATION IN A EUROPEAN COUNTRY (SGP:C9)
All above information apply for cases of family reunification in a European country. In these cases, the role of UNHCR becomes more crucial.
10. INTERIM CARE-HEALTH-EDUCATION AND TRAINING (SGP:C10)
Interim care – Health
Separated children, who belong in the category of refugees, are fully covered by law. Asylum seekers in the process of status determination are also covered until this process is finalized. In case they are rejected but keep staying in the country, children are also covered, due to the flexibility of the medical services. All other children are entitled to interim and medical care after the police or the Minors Public Prosecutor refers them to social services.
Education, Language and Training (SGP:C10.3)
Lately, there have been some improvements in the field of Education and language training. Law provides for asylum seekers and refugees. Children can attend special classes within the formal education system. Nevertheless, professionals have identified some weaknesses involving the staff, curriculum and timetables.
Street children residing in homes have access to education programmes and language training. Children, who are considered too old to start formal education, are suggested for apprenticeship and language training programmes.
Separated children participate in projects funded by EU against social exclusion.
Changes suggested:
Case workers, psychologists and other professionals handling these cases in reception centers or within social services, need to have relevant training on cultural issues and understand the problem of trafficking children and young people for the purpose of prostitution or other forms of exploitation (SGP:10.1). This suggestion concerns more the personnel of public sector services. NGOs personnel is generally, better trained, sensitized and aware of the special cultural, linguistic and religious issues involved when working with asylum seekers, refugees, illegal migrants etc.
11. REFUGEE DETERMINATION PROCESS (SGP:C11)
Access to normal procedures (SGP:C11.1)
The Presidential Decree No 61/1999 on Status Determination Process provides for separated children under 18 years who wish to apply for refugee status.
Legal representation (SGP:C11.2)
In the above cases, the police department involved informs the Minors Public Prosecutor, so that he/she acts temporarily as legal representative/guardian of the minor, till the status determination process has been finalized. Besides that, when the minor’s asylum application is processed by a specialized agency (Greek Council for Refugees, Ecumenical Refugee Programme) the professional involved, undertakes unofficially the role of legal representation and advocate.
Minimal Procedural Guarantees (SGP:C11.3)
Decisions on a child’s asylum application are always taken by the relevant competent authorities (Ministry of Public Order). Applications though can be lodged in other authorities. In such cases, police has to be notified immediately and undertake responsibility of the case.
Independent Assessment (SGP:C14)
It is not clearly provided by the law but depends on the authority that conducts the interviews. UNHCR guidelines are normally followed. We have no further information on this subject.
Interviews (SGP:C11.5)
There is no special legal provision for separated children apart from the following: Separated minors are given priority. Interviews are to be conducted in the most child-friendly manner and interpretation to be available. Every day practice shows, that neither efficient number of interpreters nor of specialized interviewing professionals is available in every case. As mentioned previously, minors in detention centers or arrested in airports or ports are given top priority and their plea for asylum is examined within 24 hours.
There are some changes needed regarding provision of suitable interpretation. Material is distributed in the native language of the person being interviewed. No special material for minors.
Criteria for making a decision on a child’s asylum application (SGP:C11.6)
There is no special legal provision. UNHCR guidelines are normally taken into consideration by the interviewing authority.
Changes needed as identified by UNHCR protection officer are more detailed articles to be incorporated in the Status Determination legislation.
Young People who become adults during the asylum process
Regarding the status determination process, there is no information available. Judgment on provisions of social services and allowances is made on an individual basis.
Changes needed: Please see previous paragraph.
12. DURABLE SOLUTIONS (SGP: C12)
Remaining in a Host Country or Country of Asylum (SGP:C12.1)
Grounds for a child remaining in a host country (SGP:C 12.1.1)
a) Please describe relevant law, policy and practice in your country.
In Greece, a separated child may be allowed to remain in the country for the following reasons:
He/she is recognised as a refugee or granted asylum.
He/she receives a humanitarian status because it is nor safe to return to their country of origin due, for example, to armed conflict and/or the child’s parents are not traceable. Residence in the country due to humanitarian status is to be reassessed every six months.
He/she is an asylum seeker and status determination is in process.
He/she is an illegal migrant in risk under the care of state social services and it is clearly in the child’s best interest to do so.
In Greece, there is of course a number of illegally remaining children (pls.see above).
b) To what extent does this conform to the Statement? Please outline in brief.
We believe that it fully conforms to the provisions of the Statement.
c) Are any changes needed? In relation to any first principles?
More specific articles have to be incorporated in legislation.
Family Reunification in Host Country (12.1.2)
d) Please describe relevant law, policy and practice in your country.
The Presidential Decree No 61, provides for the family reunification of refugees according to article 1, law 2452/1996. All refugees who are adults, head of families have the right to request family reunion. According to the law as members of the family are considered: spouses, children under 18 years of age (not married) and parents (given that before their arrival in Greece they used to live with the applicant and were supported by him/her ). For these cases there is a number of criteria that have to be met, so that a refugee can proceed with the Family Reunification Application. There is no provision for separated refugee children who wish to proceed to family reunification in Greece.
Nevertheless, practice has shown that cases of separated children who wish to reunite with their families in Greece do not exist. In the contrary, there are cases of separated refugee children, whose parents reside in a third country (Europe, USA, etc.). These cases are immediately promoted for family reunion by the social services involved with the support of UNHCR whenever needed.
Family Reunification in Greece, takes place in case members of the family are traced in the country by International Social Services, the National Organisation for Social Care, or the Ministry of Public Order. In case one of the parents has been traced and reunited with the child, he/she is entitled to state allowances, given their residence in the country is legalised.
e) To what extent does this conform to the Statement? Please outline in brief.
Although, as it is mentioned above, there are no specific provisions for separated children in the Greek legislation, cases are treated for the child’s best interest.
f) Are any changes needed? In relation to any first principles?
As above, paragraph 12.c.
Integration (SGP:C 12.1.3)
g) Please describe relevant law, policy and practice in your country.
Generally, cases of separated children in Greece, either legally residing or illegally, are treated with flexibility and sensitivity even when there are no relevant legal provisions. Integration of separated children who are residing in the country has become recently a top priority. Separated children legally residing in Greece have access to education, health and welfare provisions. Separated children who are under the care of state social services, have also access to shelter, education, training (depending on the age), language and integration courses.
Asylum seeking children who reside in the Lavrion Refugee Center, are entitled to special courses within formal education and language courses. Efforts are being made that children attend integration courses conducted by persons of their own culture.
Separated children illegally residing in the country, may, if they wish, join community centers that implement projects on a daily basis, regardless of the children’s ethnic origin or status. Some of these projects are supported by the Greek authorities and/or the European Commission.
h) To what extent does this conform to the Statement? Please outline in brief.
The above conform to the Statement partially. Unfortunately, separated children cannot be cared for in a foster family of their own culture, nor can they reside in a small group home environment. Interim care in general, as well as "after care" are not very developed in Greece.
i) Are any changes needed? In relation to any first principles?
Changes are needed in relation to the comments of the above paragraph (12.h) as well as paragraph 12.c.
Adoption (SGP: C 12.1.4)
J) Please describe relevant law, policy and practice in your country.
Separated children in Greece who are under the care of state social services , specifically the National Organisation for Social Care, are promoted for adoption only after tracing of the family members has not succeeded. Interim care lasts from 6 months to 2 years; then children are placed to foster care or adopted.
There were no cases of refugee children promoted for adoption. Most adoption cases concern infants abandoned in hospitals. There were some cases also, that mothers had the chance to deliver their child in a safe environment (MITERA institution) but later on they either abandoned it or they concurred for its adoption.
k) To what extent does this conform to the Statement? Please outline in brief.
Fully.
l) Are any changes needed? In relation to any first principles?
There were no suggestions.
Identity and Nationality (SGP:C12.1.5)
N/A
Family Reunification and Returns to a Country of Origin (SGP:C12.2)
Voluntary Return
Cases of voluntary return have been reported concerning mainly separated children form Albania. It is worth mentioning that the wishes of the children are always taken into serious consideration. However, assessment of the family situation in the home country (Albania, Bulgaria) is not always possible. In cases International Social Service is involved, a basic assessment may be possible since the agency collaborates with its branch in Albania.
No cases of voluntary return of refugee or asylum seeking children have been reported so far.
Conditions that must be fulfilled prior to return (SGP:C12.2.2)
Programmes and Aid to Facilitate Reintegration (SGP:C12.2.2)
The conditions mentioned in the Statement are not applicable in Greece because most of the separated children are promoted for family reunification in third country, not the country of origin. Therefore, there are no programmes or aid to facilitate reintegration of children. Lately, there were only some efforts made by NGOs to facilitate reintegration in Albania of Albanians who wished to return and get settled there.
Settlement in a Third Country (SGP: C12.3)
When a child has a family member in another European state who is willing and able to care for the child, then family reunification is considered as the most viable and durable solution. In case of a refugee or asylum seeking child, the procedure is supported by the Ministry of Public Order, the NGOs involved and UNHCR. In most cases children have family members in other European countries, or countries traditionally accepting refugees. Settlement of separated children in other countries than the ones mentioned above have not taken place.
We are not aware of non-refugee or non-asylum seeking children that were promoted for settlement in any third country.
13. DATA COLLECTION
Who should be responsible for collecting data on separated children? Please consider both government departments and NGOs.
The Ministry of Public Order
The Ministry of Justice
The Ministry of Health and Welfare via the National Organisation for Social Care
U.N.H.C.R
All the NGOs involved
All above mentioned Governmental bodies and Organisations should, in our opinion, have access to the same data. Thus, overlapping data will be avoided.
What sort of data is required? From government? From NGOs?
We believe that government and NGOs should basically keep the same data. Social services should take into consideration confidentiality issues and not release information that are not consider crucial for other agencies (i.e in cases of abuse, sexual exploitation etc.). Otherwise data required should include detailed information on:
name, gender, age, ethnic origin, date and place of birth, place of habitual residence
mother tongue, other languages spoken or understood, religion, education
family status, names of family members, type of relation, place of habitual residence (if different of above)
entry point, date and conditions of entrance in the country (if known), persons who accompanied the child, carrier, route followed
follow-up in host country, organisations involved in the case, type of involvement
Please provide any current (1997-1999) data on separated children which is available (from both government and NGOs). We appreciate that at this time most of this data will relate to asylum applications by separated children.
Relevant report submitted in February 1999. No other data is available.