Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Grecia (Ratificación : 2001)

Otros comentarios sobre C182

Solicitud directa

Respuestas recibidas a las cuestiones planteadas en una solicitud directa que no dan lugar a comentarios adicionales

2018

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Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that, pursuant to section 23 of the Code of Laws on Drugs (Act No. 3459/2006), the use of a minor in any way to commit any of the offences outlined in the Act (including the production and trafficking of drugs) is an aggravating circumstance. The involvement of a minor for such offences carries a stiffer penalty of life imprisonment, and a fine of between €29,412 and €588,235.

Use, procuring or offering of a child in begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits inciting (or neglecting to discourage) a person under one’s care from engaging in begging. The Committee also noted that section 409 prohibits the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee requested the Government to take the necessary measures to prohibit the involvement of children under 18 years for begging.

The Committee notes the Government’s statement that begging largely occurs within the context of human trafficking, with the exploitation of child victims of trafficking as beggars for economic gain. The Government indicates that, in these cases, the perpetrators may be punished in accordance with the current provisions prohibiting the trafficking of persons under 18 years.

Article 5. Monitoring mechanisms. Police. The Committee previously noted that the Hellenic Police operates two electronic crime prosecution agencies, and requested the Government to continue to provide information on law enforcement efforts to combat child pornography.

The Committee notes the Government’s indication that the number of staff at the Departments of Electronic Crime (with divisions in Attica and Thessaloniki) has increased, and that the staff has received updated training on issues related to child pornography. The Government indicates that between 2008 and May 2010, the Department of Electronic Crime division in Attica dealt with a total of 49 cases of child pornography, resulting in the arrest of 75 persons. The Committee further notes that, during the same period, the Department of Electronic Crime division in Thessaloniki dealt with 22 persons who had trafficked and possessed child pornography, with 56 case files opened and criminal proceedings brought against 37 persons.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 7 June 2004, expressed concern regarding the high number of trafficked women and children who are often deported to their countries of origin, reportedly in an expeditious manner and without the necessary procedural safeguards. However, the Committee also noted that, according to section 46 of Act No. 3386/2005, a residence permit shall be granted to a third country national who has been characterized as a victim of trafficking by the Public Prosecutor, including child victims of trafficking.

The Committee notes that Government’s statement that all minor victims who were cared for by the operational agencies of the Hellenic Police in 2008 and 2009 were offered aid and protection by the Government, generally through cooperation between the Hellenic Police and the National Centre for Social Solidarity (of the Ministry of Health and Social Solidarity). The Government states that some of these minors were then offered accommodation in shelters of governmental or non-governmental organizations, while some were collected by relatives, and others left for their country of origin. The Committee also notes the information in a report entitled “Trafficking in Persons Report – Greece” of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees, that the Government operates one short-term shelter, which can accommodate children, in addition to two long-term shelters for women. This report also indicates that the Government sometimes referred child victims to orphanages or detention centres that did not have specialized facilities for trafficking victims. The Committee, therefore, requests the Government to take the necessary measures to ensure that all victims of trafficking under 18 years of age have access to appropriate accommodation and services for their rehabilitation and social reintegration. In this regard, the Committee requests the Government to provide information on the number of child victims of trafficking benefiting from governmental initiatives and services.

Clause (d). Identifying and reaching out to children at risk. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 2 April 2002, expressed concern at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education (CRC/C/15/Add.170 paragraphs 72–73). It also noted that there were allegedly 5,800 children below the minimum working age of 15 years illegally employed in the streets.

The Committee notes the Government’s indication that, with regard to street children, the competent authorities conduct regular inspections to detect and prosecute adults engaged in the exploitation of children, as well as inform local social services if further action is necessary to protect the minors. The Committee notes the Government’s statement that child labour in the streets is a social problem, and therefore all institutions dealing with families and children (including local government agencies, the Ministry of Health and Social Solidarity and the Ministry of Education) must be committed to the prevention and resolution of the problem, in addition to the efforts made by the Hellenic Police. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect these children from these worst forms. The Committee once again requests the Government to provide specific information on the time-bound measures taken to prevent persons under 18 years from becoming street children; provide the necessary and appropriate direct assistance to remove children from the street; and ensure their rehabilitation and social integration, including their access to education.

Unaccompanied minors. In its previous comments, the Committee noted that the United Nations Human Rights Committee, in its concluding observations of 25 April 2005, expressed concern that Greece is a main transit route for trafficking in human beings, as well as a country of destination and the reported lack of effective protection of the victims, many of whom are women and children. The UN Human Rights Committee also expressed concern regarding the reported neglect of the situation of unaccompanied minors seeking asylum or illegally residing in the country (CCPR/CO/83/GRC paragraphs 10 and 17). The Committee requested the Government to take measures to provide effective protection to child victims of human trafficking and those at risk of becoming victims. It also requested information on the activities of the Hellenic Police Department related to combating the trafficking of children.

The Committee notes the Government’s statement that the Hellenic Police Department treats under-aged refugees with special care and sensitivity. The Government also indicates that, in detention centres for illegal migrants, unaccompanied minors are always separated from other detainees in specially arranged facilities until they can be transferred to a Social Welfare Institution (operated by the Ministry of Health and Social Solidarity). If the unaccompanied minor makes an application for asylum, authorities ensure that the minor has appropriate shelter (with relatives, a foster family or hospitality centres) and that this shelter offers protection from becoming a victim of trafficking or exploitation. The Committee also notes that section 13 of Presidential Decree No. 114 “On the establishment of a single procedure for granting the status of refugee or of beneficiary of subsidiary protection to aliens or to stateless persons” of 22 November 2010 provides that unaccompanied minors shall be detained for only the necessary time, until they can be safely referred to adequate centres of accommodation for minors.

However, the Committee notes that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 14 September 2009, expressed concern about reported cases of ill-treatment of asylum seekers and illegal immigrants, including unaccompanied children (CERD/C/GRC/CO/16-19, paragraph 12). The Committee notes the Government’s information, in its follow-up response to the concluding observations of the CERD of 12 January 2011, that, while the Ministry of Citizens’ Protection makes every effort to create additional facilities for hosting unaccompanied minors, the participation and cooperation of NGOs is needed in order to achieve the maximum level of protection of minor aliens who find shelter in Greece. The Government indicates in this response that the relevant hostels face a number of challenges and are not in a position to provide services to a large number of unaccompanied minors (CERD/C/GRC/CO/16-19/ADD.1 paragraphs 23 and 24). In this regard, the Committee notes the information “Trafficking in Persons Report – Greece” of 14 June 2010 that there are approximately 1,000 unaccompanied foreign minors who enter Greece yearly, and that these minors are highly vulnerable to human trafficking. The Committee therefore requests the Government to strengthen its efforts to protect unaccompanied minors to prevent their engagement in the worst forms of child labour, particularly trafficking. The Committee requests the Government to provide information on measures taken in this regard, and on the number of children safely referred to accommodation centres or provided with appropriate shelter.

Roma children. The Committee previously noted that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 7 June 2004, expressed concern that a high percentage of Roma children are not enrolled in school, or drop out at a very early stage of their schooling (E/C/12/1/Add.97, paragraphs 19, 23 and 28).

The Committee notes that the CERD, in its concluding observations of 14 September 2009, expressed concern at obstacles encountered by Roma persons with regard to, inter alia, access to housing, health care and education (CERD/C/GRC/CO/16-19, paragraph 16). The Committee also notes the information in the “Trafficking in Persons Report – Greece” that there have been reports of Roma children from Albania, Bulgaria and Romania who have been forced to sell small items, beg or steal in Greece. The Committee therefore requests the Government to provide information on the effective and time-bound measures taken to protect Roma children from the worst forms of child labour, particularly trafficking and use in illicit activities, and on the results achieved.

Article 8. International cooperation. The Committee previously noted that the Ministry of the Interior and the Hellenic Police organized the “ILAEIRA” plan to combat the trafficking of women and children for the purpose of commercial sexual exploitation, with the participation of 22 countries (both EU and non-EU States) and several international organizations.

The Committee notes the Government’s indication that a meeting is held every year for countries participating in the ILAEIRA plan, including one held in Crete in September 2009. This meeting included representatives from competent ministries, the police services and the Public Prosecutor’s Office, as well as embassy representatives from 20 participating countries. The meeting’s purpose included updating the “Regulations and Procedures concerning Cross-border Police Cooperation for the Anti-trafficking ILAEIRA”, knowledge sharing, and laying the foundation towards joint actions to combat trafficking. The Committee requests the Government to continue to provide information on international cooperation measures taken to combat human trafficking, including the ILAEIRA plan, and the impact of these measures in combating the cross-border trafficking of persons under 18 years of age.

Parts III and V of the report form. Judicial decisions and practical application of the Convention. Following its previous comments, the Committee notes the information in the Government’s report concerning three court cases in 2008 and 2009 regarding charges related to child pornography. The Committee also notes the statistical information from Hellenic courts on the number of cases and convictions for offences related to the worst forms of child labour. The Committee notes that there have been five cases and zero convictions for the trafficking of under-aged persons (section 323A(4)(a) of the Penal Code), 25 cases and nine convictions for the trade of minors for sexual purposes (section 351(4)(a) of the Penal Code), 25 cases and 20 convictions for sexual acts with minors for payment or remuneration (section 351A of the Penal Code), 13 cases and six convictions for the pimping of minors (section 349(1) of the Penal Code) and 169 cases and 11 convictions for the manufacture, sale, offer, procuration, circulation or possession of child pornography (section 348A of the Penal Code). Observing that child trafficking and child commercial sexual exploitation are present in Greece, the Committee requests the Government to pursue its efforts to combat and eliminate these worst forms of child labour. It also requests the Government to continue to provide information on the practical application of the provisions giving effect to the Convention, particularly the number and nature of infringements reported, investigations undertaken, prosecutions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.