A/HRC/35/25/Add.2
B.
Children
90.
More than one third of the migrant population in Greece are children. Conditions in
closed facilities in reception and identification centres are deplorable, leaving children at
heightened risk of abuse, neglect, violence and exploitation. Alternatives to detention, in
the form of open shelters for families and unaccompanied minors, with appropriate
counselling and services, must be established as a matter of urgent priority.
91.
However, at the time of the visit, even open reception facilities in Greece were ill
equipped to adequately host the large number of refugee children with a variety of needs for
support and protection, care, education and access to food, for a prolonged period. The
substandard conditions in camps expose them to risks of chest infections, hypothermia and
diarrhoea.
92.
The Special Rapporteur welcomes the elaboration of the National Action Plan for
Children’s Rights, under the coordination of the General Secretariat for Transparency and
Human Rights. The action plan should address emerging challenges in regard to children’s
rights in the context of the economic and refugee crises.
93.
At the time of the Special Rapporteur’s visit, migrant and refugee children did not
have access to schools, resulting in long-term gaps in their education, as the majority of
children had been out of school for far longer than their journey to Europe. The Special
Rapporteur welcomes measures taken following his visit that provide for the enrolment of
migrant children in the national education system or for the creation of school annexes
dedicated to migrant and refugee children.
1.
Unaccompanied minors
94.
The Public Prosecutor acts as the temporary guardian of an unaccompanied minor,
until a permanent guardian can be selected. Because of the large number of children
entrusted to his office, the Public Prosecutor is not able to act effectively in the interest of
migrant children, which has huge implications for all aspects of the protection and exercise
of unaccompanied minors’ rights.
95.
The Special Rapporteur welcomes the Government’s proposals to develop a more
structured system of guardianship for unaccompanied minors. Guardians need the necessary
professional training, experience, expertise and competence, as well as appropriate support
and resources. The best interest of the child depends on the guardian being able to make the
best and quickest decisions possible on all matters of concern. The Special Rapporteur
commends the efforts of civil society to provide volunteer guardians to unaccompanied
migrant children and notes that policy development is in the works.
96.
In order to decide on the appropriate procedure, age assessment is required. The
Special Rapporteur has been informed that in the reception and identification centres, age
assessment is often carried out by NGOs. In case of doubt, the person concerned is referred
to the hospital. According to ministerial decision 1982/2016, age assessment is determined
by a macroscopic medical examination.
2.
Family reunification
97.
The Special Rapporteur was informed that a large number of unaccompanied minors
have family in another European Union Member State. Consequently, in their attempt to
avoid detection, children are repeatedly exposed to exploitation and violence, which is
particularly apparent during their repeated attempts to reach another European country
irregularly.
98.
The Special Rapporteur was informed that the Dublin procedure is often lengthy and
that it may take 15 to 18 months for children to be reunited with their family members, due
to DNA tests required by the receiving States. This is unacceptable and the procedure
should be shortened.
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