The Criminalisation of Unaccompanied Migrant Minors: Voices from the Detention Processes in Greece

Greece is often seen as the gateway to Europe for asylum-seeking individuals, including unaccompanied minors. This book reveals that unaccompanied children in Greece are criminalized through detention processes and deprived of the right to be heard, promoting child-friendly practices in the international migration setting to safeguard their fundamental rights.

Format: Hardback
Length: 176 pages
Publication date: 17 July 2023
Publisher: Bristol University Press

Greece, as a country grappling with significant migration flows, is often perceived as the gateway to Europe for numerous asylum-seeking individuals, particularly unaccompanied minors. Between 2016 and 2020, under Greek law, unaccompanied children were supposed to be temporarily placed in a protective environment upon irregular entry, pending referral to suitable accommodation. However, in reality, they were subjected to detention procedures. This book, authored by a researcher who combines legal analysis with criminology, sheds light on the discrepancy between the law and practice. The findings reveal that unaccompanied children in Greece are criminalized through detention processes, while being deprived of the right to be heard. The book advocates for child-friendly practices in the international migration setting, with the aim of safeguarding the fundamental rights of unaccompanied minors who encounter detention upon arrival in host countries.

Introduction:
Greece, as a country located at the crossroads of Europe, Asia, and Africa, has been a destination for migrants seeking safety and a better life. However, the country's response to migration has been contentious, with debates surrounding the treatment of asylum-seekers, particularly unaccompanied minors. In this book, we will explore the legal and ethical implications of detaining unaccompanied children in Greece, with a focus on their rights and the responsibilities of the state.

The Legal Framework:
Under Greek law, unaccompanied children who enter the country irregularly are supposed to be temporarily placed in a protective environment, pending referral to suitable accommodation. However, in reality, they are often subjected to detention procedures. The legal basis for this practice is the Greek Asylum Law, which provides for the protection of asylum-seekers and the prevention of illegal immigration. However, the law does not explicitly address the detention of unaccompanied children, and the practice has been criticized by human rights organizations and legal experts.

The Rights of Unaccompanied Children:
Unaccompanied children have a range of rights, including the right to protection, the right to be heard, and the right to access appropriate healthcare and education. These rights are enshrined in international human rights law, including the Convention on the Rights of the Child and the United Nations Convention on the Rights of Migrant Workers. However, in Greece, these rights are often violated, particularly during detention. Unaccompanied children are often held in inhumane conditions, without access to basic necessities such as food, water, and sanitation. They are also denied the right to legal representation, and their cases are often processed without their involvement.

Detention Procedures:
Detention procedures for unaccompanied children in Greece are complex and often abusive. Children are held in facilities that are not designed for their needs, and they are subjected to harsh conditions, including physical and psychological abuse. They are often separated from their families, and their contact with them is limited. Children are also denied access to education and healthcare, and their legal rights are not adequately protected.

The Impact of Detention:
The impact of detention on unaccompanied children is profound. Detention can lead to psychological trauma, social isolation, and long-term mental health problems. It can also hinder their ability to integrate into society and access education and employment opportunities. Moreover, detention can create a cycle of migration, as children who are detained may be reluctant to return to their home countries, fearing further harm.

Responsibilities of the State:
The state has a responsibility to protect the rights of all its citizens, including unaccompanied children. This includes providing them with appropriate accommodation, access to healthcare and education, and legal representation. The state also has a responsibility to prevent the detention of unaccompanied children, and to ensure that their rights are adequately protected during detention.

Conclusion:
Detaining unaccompanied children in Greece is a complex issue that requires a comprehensive and child-friendly approach. The state has a responsibility to protect the rights of all its citizens, including unaccompanied children, and to ensure that their rights are adequately protected during detention. This requires a commitment to reforming the legal framework, improving the conditions of detention, and promoting child-friendly practices in the international migration setting.

Dimension: 234 x 156 (mm)
ISBN-13: 9781529222869