Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Grèce (Ratification: 2001)

Autre commentaire sur C182

Demande directe

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2018

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Article 5 of the Convention. Monitoring mechanisms. Sub-directorate for the Prosecution of Cybercrime. The Committee notes the Government’s information that, by virtue of Presidential Decree No. 9/2011, the structure, the mission and the role of the Sub-directorate for the Prosecution of Cybercrime (SPC) have been reorganized, improved, specialized and upgraded. It has thus become the pillar of the Central Financial Police and Cybercrime Unit. Its mission includes prevention, investigation and suppression of crime and antisocial behaviour committed through the Internet or other electronic means of communication. More specifically, the Minors Protection Department operates within the framework of this new upgraded structure and deals with crimes committed against minors with the use of Internet and other electronic or digital means of communication and storage.

The Committee notes, however, that in its consideration of reports submitted under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 20 July 2012 (CRC/C/OPSC/GRC/CO/1, paragraph 21(e)), the Committee on the Rights of the Child (CRC) expressed its concern about the growing availability of child pornography on the Internet and other evolving technologies, and that a certain degree of impunity continues to exist for crimes covered by the Optional Protocol committed through the Internet, especially child pornography. The Committee therefore encourages the Government to pursue its efforts to strengthen the capacity of the mechanisms in place to ensure the effective monitoring and elimination of child pornography. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved.

Article 6. Programmes of action. The Committee notes the Government’s indication that it has adopted an Anti-Crime Policy Programme for the years 2010–14 through the Ministry of Public Order and Citizen Protection, which focuses on the issue of minor victimization. The Government indicates that this programme includes specific actions for the protection of minors, such as inspections to prevent child begging and the economic exploitation of minors; specialized actions targeting the protection of minors against drugs and preventing their participation in criminal groups; and the surveillance of places frequented by minors, including schools or sports facilities. The Government also indicates that the Hellenic police has drawn up 13 special action plans for the protection of children exposed to risks relating to the trafficking of persons and domestic violence. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the Anti-Crime Policy Programme and the special action plans of the Hellenic police on combating the worst forms of child labour and, in particular, the trafficking and commercial sexual exploitation of children under 18.

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 sale and trafficking. The Committee previously 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 noted the 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 stated 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 noted that the Government operates one short-term shelter, which can accommodate children, in addition to two long-term shelters for women. However, the Committee noted that the Government sometimes referred child victims to orphanages or detention centres that did not have specialized facilities for trafficking victims.

The Committee notes the Government’s information that all the beneficial provisions provided for by the law to all victims of human trafficking are implemented. In this regard, the victims of human trafficking are informed by the police on the possibilities that may be offered to them, including the possibility of providing them with a residence and work permit, which is issued by the Ministry of the Interior. The Government indicates that 20 minor victims of human trafficking were detected in 2010, and 13 in 2011. Assistance and protection by the State has been provided to all these cases by the operational services of the Hellenic Police, and, in most cases, the National Centre for Social Solidarity collaborated to provide assistance to the victims. Some victims were accommodated through hostels of governmental or non-governmental organizations, while others were received by relatives and either continue to reside in Greece or were repatriated.

The Committee takes due note of the measures taken by the Government to provide assistance to child victims of trafficking. However, it notes that that in its consideration of reports submitted under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 20 July 2012 (CRC/C/OPSC/GRC/CO/1, paragraph 35), the CRC expressed its serious concern that Greece’s recovery and reintegration measures are limited to victims of trafficking and sexual exploitation, and do not adequately take into account the needs of victims of the sale of children. The CRC also expressed concern at the inadequacy of State-run shelters for child victims and that not all identified child victims have access to appropriate care, assistance and remedies. The Committee, therefore, requests the Government redouble its efforts to ensure that all victims of sale and 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 continue providing 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. 1. Street children. In its previous comments, the Committee noted 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 noted 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.

The Committee notes the absence of information on this point in the Government’s report. Moreover, the Committee notes that, in its concluding observations of 13 August 2012 (CRC/C/GRC/CO/2-3, paragraph 66), the CRC expressed its serious concern that Greece did not develop an integrated approach to deal with children in street situations. The CRC was particularly concerned at the limited availability and accessibility of social services for the protection and social reintegration of children in street situations, including the insufficient holding capacity of shelters. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges 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. It requests the Government to provide information on the progress made in this regard in its next report.

2. Unaccompanied minors. In its previous comments, the Committee noted 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 noted 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 indicated 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).

The Committee notes the detailed information provided by the Government relating to the procedure followed when unaccompanied minors are found, which includes accommodation in institutions while the competent prosecution or police authorities take the necessary measures to find out their identity and nationality, to trace their families and to ensure their legal representation. In the case of unaccompanied children who do not apply for political asylum, measures are taken for their repatriation and safe return, taking into account their best interest. In the case of asylum seekers, the authorities try to apply the fundamental principle of maintaining family unity, in application of the Dublin Regulation, and try to unite the unaccompanied minors with members of their family who reside in European Union (EU) Member States. The minors who are asylum seekers are transferred to existing appropriate facilities of reception and hospitality (Reception Centres for Minor Asylum Seekers) and all necessary actions are taken so that the competent public prosecution authorities appoint a guardian who will assist the minor throughout the asylum procedure.

The Government indicates that 8,298 minors were arrested on charges of illegal entry, that 1,531 of them were repatriated, and that 296 were asylum-seekers, in 2008. These numbers are, respectively: 6,009, 1,516, and 38 in 2009; 4,636, 1,234, and 147 in 2010; 6,423, 265, and 59 in 2011; and 1,953, 28, and 627 in the first five months of 2012. The Committee notes the Government’s information that almost all of the repatriated children are Albanian nationals, who benefit from the agreement signed by Greece and Albania to protect them and see to their repatriation and rehabilitation. The Government also indicates that the most common age group of unaccompanied minors is between 15 and 17 years of age.

The Committee observes that, while a certain number of unaccompanied children are duly repatriated to their country of origin, a large number of children, by the thousands, are asylum seekers or non-asylum seekers that have not been repatriated. In this regard, the Committee notes that, in its concluding observations of 13 August 2013 (CRC/C/GRC/CO/2-3, paragraph 62), the CRC expressed its concern that the public prosecutors are unable to assign the guardianship of asylum-seeking and refugee children to a responsible person or agency, or transfer the guardianship to directors of the reception centres for minors, and that the duties of the temporary guardian are vague and unclear. In its consideration of reports submitted under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 20 July 2012 (CRC/C/OPSC/GRC/CO/1, paragraph 21(c)), the CRC also expressed concern about the great number of migrant and asylum-seeking children, including unaccompanied children, arriving daily to Greece’s borders, and the lack of reception facilities and the poor quality of the existing ones. The Committee, therefore, once again requests the Government to redouble its efforts to protect unaccompanied minors to prevent their engagement in the worst forms of child labour by providing better support and assistance through the centres created for that purpose. 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.

3. Roma children. The Committee previously noted 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 notes the absence of information in the Government’s report on this point. However, it notes that, according to Greece’s National report of February 2011 submitted to the Working Group on the Universal Periodic Review of the Human Rights Council (A/HRC/WG.6/11/GRC/1, paragraphs 37–47), the Greek authorities are fully aware of the challenges to be addressed in this regard and strive to implement concrete measures to promote the social inclusion of Greek Roma, including the concerted efforts made with the aim of fostering Roma students’ integration in the education system and reducing dropout rates. For example, the implementation of the “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 Committee notes, however, that in its concluding observations of 13 August 2012, the CRC, while noting that efforts are made by Greece to ensure equal enjoyment of rights for Roma children, expressed deep concern at the negative attitudes, prejudices and discrimination against children of minorities and in particular Roma children, especially with regard to their disparities, poverty and equal access to health and education. The CRC was further concerned at the low rates of enrolment in and high rates of dropout from school, and segregation of Roma children in schools. The Committee, therefore, strongly encourages the Government to redouble its efforts to protect Roma children from the worst forms of child labour, particularly through their integration in the educational system, and requests it to provide information on the results achieved in its next report.

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 noted 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. 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 notes the Government’s information that, while the next meeting of ILEIRA was supposed to be held in 2010, the meeting did not take place because the TAIEX programme of the European Commission could not cover the costs. However, the Government indicates that meetings are held on a bilateral basis with the regional police authorities of neighbouring countries, such as Albania, Bulgaria and Macedonia, in order to combat trans-border crime. Moreover, with the aim of combating organized and other forms of crime at the international level, information is regularly exchanged with Interpol and Europol, and bilateral agreements and police cooperation are established with EU Member States and other countries. The Committee requests the Government to continue to provide information on international cooperation measures taken to combat human trafficking. It once again requests the Government to provide information on 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 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, in 2010, there were 13 cases and 20 victims (nine boys and 11 girls) of crimes relating to the sale and trafficking of children; eight cases and eight victims (eight girls) of child prostitution; and 45 cases and 45 victims (43 of Greek nationality and two of other nationalities) of child pornography. In 2011, there were eight cases and 13 victims (six boys and seven girls) of crimes relating to the sale and trafficking of children; four cases and four victims (four girls) of child prostitution; and 37 cases and 37 victims (29 of Greek nationality and eight of other nationalities) of child pornography. The Committee further notes the Government’s information with regard to the number of prosecutions and convictions in 2011. It observes that there were 78 prosecutions and 58 convictions for crimes relating to the sale and trafficking of children; 34 prosecutions and 34 convictions for child prostitution; and 285 prosecutions and 48 convictions for child pornography. Observing once again that child trafficking and child commercial sexual exploitation are present in Greece, the Committee requests the Government to redouble 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.