Submitted by crinadmin on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Greece - 11th Session - 2011 Scroll to: National Report 5. Greece has also ratified a large number of ILO Conventions, including in the field of forced labour and child labour, as well as the most important humanitarian law treaties. 7. Greece has issued a standing invitation to all Special Procedures of the Human Rights Council. In the last ten years, visits have been carried out by the Special Rapporteur on the sale of children, child prostitution and child pornography (2005), the Independent Expert on minority issues (2008) and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2010). Greece attaches great importance to, and takes into serious account, the recommendations of the Special Procedures. 13. The Greek Ombudsman mediates between individuals and the public administration, local government authorities, other public law entities, public corporate agencies and public utility companies, following a complaint by interested persons; the Ombudsman may also proceed ex officio to the investigation of cases which have aroused particular public interest. The Office of the Ombudsman currently comprises the following Departments: human rights (a large part of the relevant activities concern immigrants, refugees and vulnerable social groups, such as the Roma); health and social welfare; quality of life; State-Citizen relations; children's rights; gender equality (with enhanced responsibilities in the fields of equal opportunities and prevention since December 2010). In the last two cases, the Ombudsman is also competent to examine acts of private individuals and private law entities. Since 2005, the Ombudsman operates as one of the equal treatment bodies responsible for the implementation of the anti-discrimination legislation. In 2009, the Ombudsman received more than 13,000 complaints. Although not binding, the Ombudsman's recommendations are thoroughly examined and taken into consideration; there are many examples of recommendations and suggestions which have eventually been accepted by the Administration. 14. The National Commission for Human Rights (NCHR) created in 1998, in accordance with the Paris Principles and with "status A" accreditation, is a consultative organ of the State, directly subject to the Prime Minister. The NCHR's main fields of activity include the elaboration of studies on human rights issues, the submission of recommendations and proposals, awareness-raising and human rights education. The NCHR has a very wide membership, which also includes six NGOs. The NCHR has been particularly active in matters affecting, among others, freedom of religion, non- discrimination, conditions of detention, protection of refugees and asylum seekers, promotion of social rights, the situation of persons of Roma origin, women's rights, children's rights, human rights education, etc. 33. At the legislative level, Law 3064/2002, punishes contemporary forms of human trafficking as well as the exploitation of the sexual life of persons belonging to vulnerable population groups, such as women, foreigners and minors. A 2003 Presidential Decree determines the agencies, the measures and the ways and means of providing assistance to victims of trafficking, including in the fields of housing, healthcare and legal assistance. The status and situation of victims was further improved by Law 3386/2005, which foresees the issue of a residence permit, renewable under certain circumstances, to trafficking victims who cooperate with the competent authorities and prohibits expulsion during the "reflection period". Further improvements of the legislative framework, with regard to victims of trafficking, in particular children, have been introduced by Law 3811/2009 on compensation of victims of violent intentional crimes. Law 3875/2010 (ratifying the UN Convention against Transnational Organized Crime and its Protocols) extends the scope of protective legislative measures to the victims of smuggling of immigrants and provides for the possibility of granting stay permits on humanitarian grounds, under certain circumstances, also to victims of trafficking who do not cooperate with the authorities due to the possible use of threats by perpetrators. It is to be noted that recommendations of the NCHR have contributed to the strengthening of the protection framework. During the period 2006-first quarter of 2010, stay permits have been granted to 102 victims of trafficking. Furthermore, Greece has ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Law 3727/2008). 34. At the operational level, police action against traffickers has intensified and has yielded positive results. Seventeen (17) specialized anti-trafficking services are operating within the Hellenic Police, both at the central and the regional levels. Other actions include staff education and training, international cooperation, in particular with neighboring countries, exchange of information on organized crime (Interpol, Europol, SECI Center, EU Member States, neighboring and other third states), cooperation with foreign diplomatic authorities, etc. A Memorandum on Police Action and Best Practices for handling human trafficking cases has been sent to police services. Moreover, the Operational – Interagency Action Plan "Ilaeira" concerning the fight against trafficking in women and children is an important initiative which combines operational (police – judicial) action and the provision of assistance and protection to victims. 38. The challenges that the situation of Roma poses to the authorities have been highlighted by national human rights institutions and international monitoring bodies. The Greek Ombudsman regularly investigates allegations of exclusion in different fields, putting special emphasis on the need for coordination between state agencies, local government and civil society. The Children's Rights Section of the Office of the Ombudsman has addressed issues related to the education and medical care of Roma children. The NCHR has issued a number of recommendations on Roma issues. Reports and recommendations of the Council of Europe Commissioner for Human Rights and the European Commission against Racism and Intolerance (ECRI), decisions of the European Committee of Social Rights as well as the Concluding Observations of UN treaty bodies, have drawn the attention of Greek authorities to a number of difficulties and shortcomings. 40. In respect of housing, one of the most challenging interventions in implementation of the IAP has been a mortgage loans' scheme for 9,000 Greek Roma living in shacks, tents or any other construction that do not meet minimum requirements on permanent habitation. The program is financed exclusively by State guaranteed national resources and addresses strictly main residence purposes. Beneficiaries are entitled to a loan of 60,000 € under favorable payment terms. Up to date, the Ministry of Interior has allocated 7,854 (87.24%) housing loans to an equal number of families all over Greece, whereas a total of 6,564 beneficiaries have already initiated the disbursal of their loan (83.58%) from the banks participating in the program. The Program has been under constant review, to adjust to evolving realities and needs. The 2006 comprehensive legislative review introduced, inter alia, social assessment criteria taking into consideration Roma's particular living conditions and cultural needs, removed permanent residence requirements, established evaluation committees at the local level with the participation of Roma representatives, established stronger monitoring terms and encouraged the active engagement of local authorities. At the same time, the program has promoted equal gender participation and children's rights, while inciting persons of Roma origin, who have not done so, to register and obtain identification documents, thus ensuring access to social services. In this regard it is noted that following the 2006 legislative reform, 56% of the beneficiary families are headed by a woman whereas 91% of the beneficiaries respond to the criterion of "large families", comprising in total 6,726 children. 42. In the field of education, highlighted as a matter of priority by the NCHR, concerted efforts have been made with the aim of fostering Roma students' integration in the education system and reducing drop-out rates. Initially, enrolment procedures have been facilitated by means of the "student itinerant card" as well as the granting of an annual allowance to families with low income for every child enrolled in public schools of compulsory education. Furthermore, programs with regard to the education of Greek Roma students, which started with the initiative of the Ministry of National Education and are co- funded by the EU, have been implemented since 1997. The implementation of the latest "Program for the education of the Roma children", which will be completed in 2013, aims at further reinforcing the access of Roma children to compulsory education while meeting their specific educational needs and respecting their diversity. The planned educational interventions have taken into consideration the special circumstances in which Roma students often live, and promote coordinated action between both the Ministries and any local government authorities involved. 43. Additionally, since 2008 at the beginning of every school year the Greek Ministry of Education has issued a Circular according to which all Heads of School Units are reminded of their obligation to enroll Roma pupils at primary schools, while the importance of access of Roma children to pre-school education is stressed. Instructions and information are also given as to how enrolment problems related to the non-fulfillment of prerequisites -such as prior student vaccination and the submission of permanent residence certificates- may be resolved. Furthermore, the Ministry is striving to ensure the integration of Roma children in mainstream classes and has recalled, to this effect, that the exclusion, segregation and marginalization of Roma students are against the Greek Constitution and legislation as well as a number of binding international instruments. 64. All persons legally residing in Greece enjoy the same social security rights as Greek nationals, the right to social protection, equal access to services provided by public agencies or entities, local government organizations and public utilities and the right to be admitted in public hospitals and clinics. Furthermore, Greek legislation sets out the conditions for obtaining the long-term resident status, which further extends equal treatment with nationals. At the same time, access to emergency care in hospitals is available to third- country nationals regardless of their residence status. Minor foreign children have access to health care institutions, regardless of their residence status or that of their parent. Enrolment to public schools of children of refugees, asylum seekers and foreign citizens whose legal residence status is still pending is possible even in the absence of complete documentation. 65. Two recent legislative amendments in the critical fields of citizenship and political rights promote the social inclusion of migrants living in Greece in all spheres of the social life of the country. Greek citizenship may by acquired by children of foreign citizens who are born in Greece and continue to reside therein, provided that at the time of submission of the application one or both of their parents have been legally residing in Greece for at least five consecutive years; the same applies to children of foreign citizens who have successfully completed at least six grades of a Greek school in Greece and reside legally and permanently in Greece. Furthermore, any person who is born on Greek territory acquires Greek citizenship provided that one of his/her parents is born in Greece and resides permanently in the country since his/her birth. Moreover, the naturalization procedure has been decentralized and rationalized and became more transparent. With regard to political rights, foreign citizens of Greek descent and long-term legally residing third country nationals may vote and stand as candidates in municipal elections. 69. In the field of education, Greece has ensured the proper running of the minority schools in Thrace. An increasing number of students belonging to the Muslim minority in Thrace are showing preference for the public education system. The Greek state has successfully accommodated this preference with measures aimed at preserving their cultural and linguistic characteristics such as piloting optional Turkish language courses in schools in Thrace and offering language and culture courses for Muslim parents. Moreover, relevant programs, initiated by the Ministry of National Education and co-funded by the E.U, have been implemented since 1997. The implementation of the latest "Program for the education of the children of the Muslim minority in Thrace", to be completed in 2013, aims at further combating the phenomenon of drop-outs and fostering the integration of Muslim students in Greek schools. 91. With regard to the right to housing, there are 21,216 cases of people who live, in various forms, outside home. A one-off financial support benefit has been increased in 2009 from 234.78 € to a maximum of 600 €; programs of social protection to combat poverty and to assist persons hit by natural calamities are been implemented through regional authorities. Housing programs addressed to refugees, asylum seekers and unaccompanied children are also operational. In the context of the Popular Housing Program, houses owned by the Ministry of Health and Social Solidarity are granted to families facing housing problems. 93. The safeguard of the best interests of the child constitutes a principle upon which all measures related to children are based. Integrated actions for the protection of children's rights have been developed in areas such as the fight against social exclusion, financial support and maternity benefits, social care of unprotected children, alternative care of children, etc. Legislation and policies on domestic violence and trafficking in human beings, already mentioned, are particularly relevant to the protection of the rights of the child. With regard to preventing and combating corporal punishment of children, Article 4 of Law 3500/2006 against domestic violence clarifies that "corporal punishment is not allowed in the framework of upbringing and educating children". 94. Recent laws ratifying the OP to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse amended criminal law provisions related to crimes against sexual freedom and crimes of economic exploitation of sexual life. New measures include stricter penalties against perpetrators, suspension of statute-barring until the victim comes of age, inapplicability of personal data protection provisions during the investigation of crimes against sexual freedom and economic exploitation of sexual life, crime prevention, awareness-raising and training, assistance to child victims, etc. More recently, Law 3860/2010 further updated and strengthened Greek legislation on minors, taking into account the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules). 95. The situation of unaccompanied children is a cause of concern for the Greek authorities. A 2007 Presidential Decree sets the basis for the solution of a chronic problem, including for children who have not applied for asylum. 96. Children are also protected on the basis of several provisions of Presidential Decree 109/2010, in particular against potentially harmful audiovisual content in broadcasts and commercial communications. 97. Law 3454/2006 on the «Support of families» recognizes families with three children as beneficiaries of financial and institutional allowances and benefits. 98. Furthermore, Law 3730/2008 has been adopted "for the protection of minors from tobacco and alcoholic drinks". 1. The Committee on the Elimination of All Forms of Racial Discrimination (CERD), the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Special Rapporteur on the sale of children, child prostitution and child pornography encouraged Greece to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 17. CERD was also concerned about reported cases of ill-treatment of asylum seekers and "illegal immigrants", including unaccompanied children. CERD recommended that Greece take more effective measures to treat asylum-seekers humanely and to reduce the period of detention of asylum-seekers, in particular children. 27. UNHCR also expressed concern at conditions in migration detention facilities and police and border guard stations. According to UNHCR, the situation had worsened since the entry into force in 2009 of the new law on administrative detention of irregular migrants. This deterioration was significantly more evident at border locations. Men, women and children were crammed together in dire hygiene conditions and unable to communicate with the outside world. Essential services such as information to persons in detention, language interpretation and legal counselling on the asylum procedure were completely absent. Access to medical treatment or care was very limited. The situation was particularly serious for persons with special needs, such as unaccompanied and/or separated children and single women with small children. The current situation at the borders was characterized as a humanitarian crisis. 31. In 2006, the Special Rapporteur on the sale of children, child prostitution and child pornography acknowledged progress in combating child trafficking and exploitation, but noted that transnational trafficking remained a problem. The report highlighted both concerns and good practices in addressing the situation of unaccompanied minors seeking asylum, Roma children, domestic violence and child abuse, among others. The Special Rapporteur recommended that clear rules for the identification of trafficking victims be established, that the detention of alien minors for illegal entry be ended, and that all forms of violence against children be prohibited. Also in 2006, the Special Rapporteur, jointly with the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on violence against women, its causes and consequences, sent a communication to the Greek Government in relation to allegations concerning the trafficking of Roma infants from a neighbouring country, noting that the complex and lengthy procedures for legal adoption in Greece might have brought about an increase in trafficking of children. Greece provided a detailed response outlining its law enforcement measures taken to combat such criminal activities. 32. In 2009, the ILO Committee of Experts requested Greece to redouble its efforts in providing effective protection, including witness protection, to child victims of human trafficking and providing them with all necessary assistance for their removal from forced labour and sexual exploitation and for their rehabilitation and social integration. 34. While noting that a legislative amendment to ban corporal punishment in secondary schools had been tabled in Parliament, HR Committee was concerned at reports of a widespread practice of corporal punishment in schools. HR Committee recommended that Greece prohibit all forms of violence against children and undertake public information efforts in this area. 41. CEDAW also expressed concern about the lack of information on the situation of immigrant women who were unable to obtain birth certificates for their children. It called upon Greece to ensure that children of immigrant women were provided with birth certificates. 54. CERD was concerned about the alleged limited access to quality education for the Turkish speaking minority in Western Thrace. CERD recommended that Greece improve the quality of education for vulnerable ethnic groups and the Muslim minority, including through training teachers belonging to these groups, ensuring a sufficient number of secondary schools and creating preschools that teach in the mother tongues of their students. 62 UNHCR characterized the situation, including reception conditions, in Greece, as a humanitarian crisis. Many asylum-seekers and unaccompanied and/or separated children were homeless, sleeping in parks and public squares together with unregistered asylum- seekers and other migrants. In other cases, they lived in precarious conditions that offended human dignity and raised concerns for their safety and survival as well as for public health. 63. UNHCR stated that most asylum-seekers had no material support. Most of the existing 11 reception centres were run by NGOs and depended on unstable funding. There was no financial allowance granted to asylum-seekers in Greece. UNHCR recommends renovating existing reception facilities and constructing new ones. Particular attention should be paid to the needs of children. 66. Noting that Greece was bound by European Union legislation, including the European Union asylum acquis, UNHCR observed that in June 2010, the European Commission had confirmed the initial step of an infringement procedure initiated against Greece for non-compliance with European Union law before the Court of Justice of the European Communities, by sending Greece a supplementary letter of formal notice, reportedly to seek clarification on the implementation of provisions of the Reception Conditions Directive, the Qualification Directive and the Asylum Procedures Directive. An initial letter of formal notice, sent on 3 November 2009, had covered the issues of access to the asylum procedure, respect of fundamental rights including the principle of non- refoulement when conducting border controls, and treatment of asylum-seeking unaccompanied minors. 67. HR Committee was concerned at the reported neglect of the situation of unaccompanied minors seeking asylum or residing illegally in the country. HR Committee recommended that Greece develop a procedure to address the specific needs of unaccompanied non-citizen children and to ensure their best interests in the course of any immigration, expulsion and related proceedings. 74. In 2004, CAT requested information concerning the prevention of torture and ill- treatment, redress and compensation to victims of torture; strict application of new legislation on the use and possession of firearms, prison conditions, non-discrimination against Roma and protection of street children. Greece submitted a follow-up response in March 2006. 77. UNHCR recommended that Greece: cease imposing administrative detention as a standard practice for new irregular migrants; create new reception facilities; increase the number of spaces in already existing structures and improve conditions in those facilities; and reinforce the institution of guardianship for unaccompanied and/or separated children. Summary of stakeholders' information 9. While welcoming the 2010 launch of a National Plan for Substantive Gender Equality 2010-2013, NCHR reported that there were no national action plans on human rights, against racism, or for children's rights. 29. JS1 reported that out of the approximately 500 children who had gone missing from the Aghia Varvara institution between 1998 and 2002, only four children had been located to date, while the criminal investigation had been idle for several years. 30. JS1 reported that there was no known prosecution and conviction of persons under the 2006 Law on Combating Domestic Violence.54 JS1 added that there was still an absence of national data on the incidence of child abuse and neglect. Physical, psychological, and sexual abuse continued to be frequent within the family and in the context of institutional care, while social, medical and other service resources were primarily limited to Athens and were even insufficient. 41. JS1 indicated that juvenile justice standards with regard to arrest and detention proceedings were not respected. Occasional detention of children with adults still occurred. The right of children to legal representation or other appropriate assistance was not always systematically guaranteed. 43. JS1 reported that children's opinions were insufficiently taken into consideration in the context of judicial or administrative decisions, including in the context of child custody procedures following parental separation and decisions to place a child in a State institution, foster care, or other form of alternative care. JS1 added that after the separation of some Muslim parents, custody of children below a certain age was systematically awarded to mothers while custody of children above a certain age was systematically awarded to fathers, without due regard for the best interests and opinion of the child. 44. JS1 reported that persons who speak a language other than Greek, including refugees and asylum seekers, had difficulty in registering names for their children in their native language. 65. JS1 noted that the amount of financial "allowances" provided by the State to assist in the care of children under certain circumstances were extremely low, and that many Roma families did not receive these allowances at all. CoE-ECSR stated that the minimum unemployment benefits for beneficiaries without dependants was manifestly inadequate and that there was no legally established general assistance scheme that would ensure that everyone in need has an enforceable right to social assistance. 67. ERRC reported that discrimination of Roma children in accessing education was wide-spread throughout Greece. In a 2010 study carried out in 28 localities, ERRC noted that Roma children were not enrolled into kindergartens and primary schools, or when in school, were kept in segregated environments, although a judgment of the European Court of Human Rights had ordered Greece to remedy this situation. ERRC reported that, in some cases, Roma children were separated from non-Roma children within the same school or in the vicinity thereof. The ERRC also documented instances, where Roma children had considerable difficulty accessing the school where they were enrolled due to difficult commuting. JS1 also indicated that there was a high dropout rate and a very high illiteracy rate among Roma children. 68. ERRC recommended that Greece take all necessary steps to include Roma children in desegregated kindergartens and primary schools, as well as to establish effective support measures between Roma communities and schools to prevent high drop out rates among Roma pupils. 69. CoE-ECRI extended concerns relating to education of children living in Western Thrace and children of immigrants and made recommendation in this regard. 76. AI expressed concerns about the routine detention of irregular migrants and asylum- seekers, including unaccompanied children, without proper consideration being given to alternatives to detention. STP mentioned that in 2008 nearly 150'000 irregular migrants had been arrested in Greece. HRW described the conditions at the two detention facilities for migrants of the old Ellinikon airport as unacceptable. CoE-CPT also reported on poor conditions of the sites it had visited, with the notable exception of the site of Filakio. AI indicated that Law No. 3772 (2009) had increased the maximum period that an alien could be held in temporary detention pending deportation from three to six months. The maximum period could be extended by a further 12 months under certain circumstances. AI echoed recommendations made by UNHCR and the Special Rapporteur on Torture in this regard. STP mentioned cases of hunger strike and protests by detainees. AI recommended that Greece halt the administrative detention of asylum-seekers and irregular migrants for immigration purposes other than in the most exceptional circumstances, and that it immediately end the practice of detaining unaccompanied children. Accepted and Rejected Recommendations The following recommendations were accepted: A - 83.29. Adopt mitigating measures to protect its most vulnerable population: women heads of household, the unemployed, farmers, retired people, children, persons with disabilities, et alia (Ecuador); A - 83.34. Increase efforts to prevent trafficking in women and girls and provide support to victims effectively by implementing the integrated National Plan of Action against Trafficking in Human Beings and fully enforcing the legislation on trafficking (Republic of Moldova); A - 83.37. Continue its efforts to combat transnational child trafficking and exploitation (Republic of Moldova); A - 83.76. Continue to implement measures within the framework of the presidential decree that set the framework for addressing the situation of unaccompanied minors (Chile); A - 83.77. Continue its efforts to ensure the observance of fundamental rights and international standards in the context of asylum procedures, particularly with regard to the treatment of unaccompanied minors (Argentina); A - 83.78. When reforming the asylum system and migration management, pay special attention to the needs of unaccompanied minors in all processes that pertain to solving their cases, and prevent administrative detention from being a standard practice for new irregular migrants (Slovenia); A - 83.79. Take immediate measures to make sure that all unaccompanied children are given a guardian and a safe residence when they arrive in Greece (Norway); A - 83.80. Take further steps to enhance the number and quality of available accommodation facilities and other services offered to minors and vulnerable groups arriving in Greece (Denmark); A - 83.81. Pay special attention to the position of unaccompanied minor immigrants (Netherlands); A - 83.88. Continue efforts aimed at improving the administrative and legal services and the living conditions of irregular migrants and asylum-seekers, especially vulnerable categories, such as women and children (Qatar); A - 83.91. Implement measures to curb abuses against refugees and migrants, including minors, regardless of their immigration status, perpetrated by police authorities, and punish adequately those responsible, so to avoid impunity (Ecuador); A - 84.12. Take supplementary measures to remedy the situation reported by the NGO ARSIS which would suggest that efforts to reinforce by legislation the fight against exploitation and sexual abuse have not eliminated the problem of child exploitation, in particular for "street children" (France); A - 84.13. Include information about Greece being a country of destination and transit for human trafficking in school curriculums at secondary and university levels (Iraq); A - 84.17. Execute the judgments of the European Court of Human Rights regarding the applications of the Turkish Union of Xanthi, the Cultural Association of Turkish Women of Rodopi and the Evros Minority Youth Association (Turkey); The following recommendations were rejected: R - 85.6. Initiate procedures for the opening of Turkish-language kindergartens for minority children in Komotini and Xanthi (Turkey); R - 85.8. Start a dialogue with the NGOs of the Turkish communities in Rhodes and Kos for the solution of their problems in the field of religious freedom and resume Turkish-language education, which has been denied since 1972 (Turkey); No recommendations were pending.
9 May, 9am to 12pm
UN Compilation
Stakeholder Compilation
Accepted and rejected recommendations