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ECSR decision on the protection of migrant children in Greece

On 12 July 2021, the European Committee of Social Rights (ECSR) made public the decision on the merits in International Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) v. Greece Complaint No. 173/2018. In their complaint, ICJ and ECRE alleged that serious systemic flaws in Greek law, policy and practice depriving unaccompanied migrant children in Greece both on the mainland and on the Greek Aegean islands of Lesvos, Kos, Samos, Chios and Leros, and accompanied migrant children on the Greek islands of the rights to housing, health, social and medical assistance, education, and social, legal and economic protection.

In its decision on the merits, the Committee concluded:

  • unanimously that there is a violation of Article 31§1 of the Charter due to:
    • the failure to provide adequate accommodation to refugee and asylumseeking children on the islands;
    • the lack of sufficient longterm accommodation for unaccompanied refugee and asylum-seeking children on the mainland;
  • unanimously that there is a violation of Article 31§2 of the Charter due to:
    • the inappropriate accommodation of accompanied and unaccompanied migrant children on the islands;
    • the lack of provision of a shelter to unaccompanied migrant children on the mainland;
  • unanimously that there is a violation of Article 17§1 of the Charter due to:
    • the inadequate accommodation situation of accompanied and unaccompanied migrant children;
    • the lack of an effective guardianship system for unaccompanied and separated migrant children;
    • the detention of unaccompanied migrant children under the “protective custody” scheme;
  • unanimously that there is a violation of Article 7§10 of the Charter due to the failure to take the necessary measures to guarantee accompanied and unaccompanied migrant children the special protection against physical and moral dangers;
  • unanimously that there is a violation of Article 17§2 of the Charter due to the lack of access to education for accompanied and unaccompanied migrant children on the islands;
  • unanimously that there is a violation of Article 11§§1 and 3 of the Charter due to:
    • the failure to provide appropriate accommodation and sufficient health care to accompanied and unaccompanied migrant children on the islands;
    • the failure to provide appropriate shelter to unaccompanied migrant children on the mainland;
  • unanimously that there is no violation of Article 13§1 of the Charter with regard to the provision of food.
EUROPEAN SOCIAL CHARTER
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