COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORTS OF GREECE ON SALE OF CHILDREN AND ON CHILDREN INVOLVED IN ARMED CONFLICT
7 June 2012
The Committee on the Rights of the Child today considered the reports of Greece on how that country is implementing the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on children involved in armed conflict.
The delegation of Greece, led by Ioannis Georgakopoulos, General Director for European and International Educational Affairs, Ministry of Education, Lifelong Learning and Religious Affairs, noted that the Optional Protocol could be used as a basis for extradition in the absence of bilateral agreements. International adoptions were an issue of concern and Greece had experienced difficulties in putting in practice some provisions of the Hague Convention. So far no cases of child sex tourism had been reported, while cases of trafficking in minors were related to labour exploitation. Children victims of sale, prostitution and pornography enjoyed special protection measures such as protection during criminal proceedings, protection of privacy, the right not to be present in the audience, and others. In addition, they had access to social services, legal representation and compensation.
The national penal code had been adjusted to the provisions of the Statute of the International Criminal Court to expressly prohibit recruitment in the armed forces of children under 15 years of age and their use in hostilities, but the exports of arms to States in armed conflict where children were used was not specifically prohibited. Private security companies existed in Greece and had to comply with the laws of the country; cases of their recruitment of children by those companies were not reported.
Pilar Nores, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, noted there was no overarching body coordinating the Optional Protocol through State bodies and relevant ministries. Ms. Nores asked the delegation about training of all persons who worked with offences embodied in the Optional Protocol and about protection granted to migrant children including protection of their right to privacy. Other Experts were concerned with how the criminal law defined the sale of children and child labour, about criminalization of illegal adoption, and about the prohibition of possession of pornographic materials.
Gehad Madi, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, said that the Committee still wanted to see an explicit prohibition and punishment for recruitment of underage persons in the armed forces and armed groups in domestic legislation. Mr. Mahdi noted that there were children arriving to Greece from Afghanistan, Somalia and other countries where armed conflicts took place and asked the delegation to provide more information on their asylum applications, the system in place to identify and detect such children, and on rehabilitation and reintegration measures in place for those children.
In concluding remarks the Committee’s three country Rapporteurs appreciated the frank and open discussion and reiterated the need to establish a national coordination mechanism, undertake the collection of adequate and sufficient data which was needed for the design of effective policies, and develop necessary preventive measures especially for populations at risk such as migrants, Roma, and street and disabled children.
The delegation of Greece included representatives of the Ministry of Education, Lifelong Learning and Religious Affairs, the Ministry of Justice, Transparency and Human Rights, the Ministry of Health and National Solidarity, the Ministry of Citizens’ Protection, the Ministry of Foreign Affairs, and the Permanent Mission of Greece to the United Nations Office at Geneva.
The Committee will resume its work at 10 a.m. on Friday, 8 June to review the combined third and fourth periodic report of Algeria (CRC/C/DZA/3-4).
Report
The initial report of Greece on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography can be read here (CRC/C/OPSC/GRC/1) and the initial report on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict here: (CRC/C/OPAC/GRC/1).
Questions from Experts on the Optional Protocol on the sale of children, child prostitution and child pornography
PILAR NORES, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, noted that Greece had ratified a number of international treaties and had undertaken national legislative reforms; now was the time to review how it all worked in practice. There was no overarching body coordinating the Optional Protocol vertically through State bodies and horizontally through relevant ministries. What was the body in charge of implementing, coordinating and applying the Optional Protocol on the sale of children, child prostitution and child pornography? Greece was a country of destination and transit of trafficking in persons for purposes of sexual exploitation. The Hellenic police had created a specialized body to deal with the issue of sale, prostitution and pornography of children, but this had not been matched by any other ministry. What measures did Greece intend to take to train all persons who worked with offences embodied in the Optional Protocol? How did Greece intend to assess the effectiveness of its implementation? How was it that half of Roma children still were not in school and that there were high levels of drop out rates and illiteracy among Roma communities, which put children at risk for sale, prostitution and exploitation? Migrant children were another vulnerable group of concern to this Committee and Ms. Nores asked about protection granted to those children including protection of their right to privacy. What were the programmes in place to recover and rehabilitate children living in the street?
Other Experts requested the delegation to explain how criminal law defined the sale of children and child labour, and asked about criminalization of illegal adoption and about prohibition of possession of pornographic materials. Was the Optional Protocol on the sale of children, child prostitution and child pornography sufficient to authorize extradition for crimes committed under the Protocol? What mechanisms had been set up to monitor living conditions of children in shelters?
Concerning the position of Greece on sexual tourism, the Committee Chairperson asked what measures were taken by the tourist industry to prevent all forms of crimes under the Optional Protocol. Did Greece have cases of prosecutions and convictions of foreign tourists who might have taken advantage of their position as tourists to take advantage of children living in the territory of Greece?
Questions from Experts on the Optional Protocol on the involvement of children in armed conflict
GEHAD MADI, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, welcomed the fact that the Optional Protocol had become an integral part of domestic legislation in Greece. The Committee still wanted to see an explicit prohibition and punishment for recruitment of underage persons in the armed forces and armed groups. What concrete measures was the Government taking to address the concerns of the Children Ombudsmen concerning the treatment of children involved in armed conflict? There were children arriving from Afghanistan, Somalia and other countries where armed conflicts took place; how many of them had applied for asylum, how many received asylum and what was the fate of those whose applications were refused? What was the system in place to identify and detect children coming from armed conflict or who were involved in armed conflict; what training programmes were provided to border officers in this respect, and what rehabilitation and reintegration measures were in place for those children? Mr. Mahdi further requested a reply concerning the export of small arms to countries and nations that were involved in conflict.
Responses by Delegation on the Convention on the Rights of the Child
Responding to questions asked yesterday in the framework of the review of the report of Greece on the implementation of the provisions of the Convention on the Rights of the Child, the delegation said that the capacity of the current reception centre was 1,000 persons and the new detention centre which would become operational in September this year was 250.
No actions were taken against minors between 8 and 13 years of age who committed criminal offence; sanctions were imposed on minors over the age of 15 who committed serious offences. Minor prisoners were held separately from adult criminals. New amendments of the Criminal Code in 2010 provided regulations for hearing of minors and defined that minors needed to be held not in detention centre but in welfare probation care. Begging was a minor offence under the Criminal Code.
Response by Delegation on the Optional Protocol on the sale of children, child prostitution and child pornography
The delegation said Greece’s national legislation was compatible with the Optional Protocol. The law on trafficking in persons sanctioned this crime with at least 10 years imprisonment and a monetary fine. The legislation of the European Union was included in the national legislation on trafficking in human beings and the sale of children was covered by Greek Penal Law. The 1996 law on international adoptions sentenced persons who gave their children up for adoption through intermediaries who gained from such transactions, as well as intermediaries themselves.
A Committee Expert noted that according to the Daphne Programme research on children under the age of three, it was clear that in Greece there was no state institution which registered children in state care, and asked how Greece got the information about children taken out of the country. Responding, the delegation said that the number of children kept in institutions, especially able bodied children, was about 1,000; the delegation did not have the information about the number of disabled children held in state institutions.
Committee Experts were very concerned about the system of private adoptions in Greece, which was murky and open to abuse because there was no oversight. The delegation said that after the adoption, the child was supervised for a period of three years and if the situation of the child deteriorated, the adoption would be cancelled. Apart from this, adoptive parents could at any time refer to a social worker in case of any problems with the child and request help and assistance. If adoption of abandoned children was cancelled because of the behaviour of adoptive parents, then children came back to the institution in which they were hosted before.
An Expert said that this was how adoptions needed to take place; however, the Committee was interested in hearing about private adoptions taking place through offices of gynaecologists and wished to know if there was any money changing hands. The delegation said that the Government was very concerned about international adoptions and had difficulties to implement in practice some provisions of the Hague Convention. On the matter of family environment, there was an intention to review the family code.
Extradition could be effected with all countries signatories of the Optional Protocol, which meant that the Optional Protocol could be used as a basis for extradition even in the absence of bilateral agreements. Greece could also undertake extradition with other countries on the basis of the Palermo Protocol for cases of organized crime. For other cases, agreements and mutual reciprocity needed to be in place.
So far no cases of child sex tourism had been reported to or noted by the police and cases of trafficking in minors were related to labour exploitation. Greece had special provisions on the protection of children victims of sale, prostitution and pornography, who were considered as vulnerable persons. Therefore, many of the special provisions applied, such as protection during criminal proceedings, protection of privacy, the right not to be present in the audience, and the right to be examined outside of the court. They also had access to social services, legal representation and compensation. Better implementation of those protective measures in practice required increased budgets and improved coordination. State compensation was provided under specific conditions, for example when perpetrators were not known; if a victim of a crime was not European citizen, but undocumented or illegal migrant, then special legislation was applied.
Mental health was provided through 35 medical and pedagogical centres, in addition to institutionalized help in independent guesthouses and boarding houses, which were reserved for people with aggressive behaviour or autism. All day care centres were available for abused and neglected individuals and victims of violence. This medical, psychological, psychiatric and pedagogical help was provided free of charge. Children victims of sale, prostitution and pornography had access to additional services. The 2006 National Action Plan to combat trafficking in human beings had national and cross-border level aspects and had been developed in cooperation with 21 countries. The Ministry of Health and Social Solidarity had issued a circular stating that corporal punishment was banned not only by the Greek law but also by rules of operation of child care institution. Law explicitly banned corporal punishment in schools and the 2006 law on domestic violence mentioned that corporal punishment was not allowed in the framework of raising and educating children.
Penal legislation was very detailed in terms of criminal liability and punishment for offences against children. Special legal provisions needed to be put for particular forms of behaviour such as bullying or cyber crimes, but with consideration for human rights and fundamental freedoms such as freedom of expression. Law 3625 had amended the provisions on child pornography and now the possession of child pornography was considered to be a crime. Law 3666 of 2008 enabled the authorities to monitor communications of suspects and act immediately. The Ministry of Education was concerned with safe cyber surfing and had developed a Safer Internet Programme under which awareness raising activities on safe use of technologies had been undertaken for parents, teachers and students.
The Committee Chairperson repeated the concerns of the Committee related to the impact of the economic and financial crisis on access to health and mental health, particularly for children and adolescents. The European Union had issued directives of infant and child feeding practices which promoted exclusive breastfeeding and within half and hour or one hour after the birth. The international code on breast milk substitutes had not been monitored and formula companies were introducing free samples to mothers and in some cases even health workers were involved in handing them out. In Greece, almost 90 per cent of mothers initiated breastfeeding but many stopped due to lack of support and availability of free samples.
Responding, the delegation said that the formal practice in hospitals was to urge mothers to breastfeed and to avoid commercial campaigns for the use of milk substitutes. Adolescents had access to contraception services and this service was covered by the insurance system. Generally speaking, breastfeeding, child and infant nutrition and reproductive health enjoyed special attention of the Government.
Concerning the disappearance of children from Aghia Varvara state institution, the delegation said that this case had been blown out of proportion by some. In most cases the registrations of names of children were made based on children statements and were not supported by any documentation. Due to inaccuracy of children particularly, most of whom were Roma, international social services were not always successful in locating their relatives. Those children were now adults and the delegation considered that they could address authorities for any further information on the issue.
The National School of Magistrates provided training to judges on issues related to this Optional Protocol. Child pornography and child abuse were very sensitive issues in Greece and there was a lot of jurisprudence in this matter. Extra-territorial jurisdiction of Greek judicial system was provided in the Criminal Code concerning competence of courts for acts committed abroad by Greek national or someone else affecting a Greek national.
The provisions in the penal system provided for greater involvement of minor in criminal proceedings, making Greece conformant to United Nations provisions. The family law in some cases provided for involvement of minor; Greece intended to revise this law to ensure interest of the child.
Response by Delegation on the Optional Protocol on the involvement of children in armed conflict
The national penal code had been adjusted to the provisions of the Statute of the International Criminal Court to expressly prohibit the recruitment in armed forces and use of children below 15 years of age in hostilities. The delegation did not have information concerning such prohibition for children below 18 years of age. National legislation did not provide for a specific prohibition of exports of arms to states in armed conflict where children were used.
The screening procedures included establishment of identity and establishment of vulnerability, which would then trigger special procedures such as transfer to centres for specialized care. In 2011, only 59 minors applied for asylum in Greece, but it was not known how those applications were addressed.
A Committee Expert noted that the current situation in Greece such as high rates of youth unemployment meant that Greece was a fertile ground for recruitment of children by private security companies. Responding, the delegation said that there was no special legislation concerning this criminal behaviour, but that different provisions from other laws could be used, such as that on organized crimes, slavery, criminal law and others. Private security companies existed in Greece and had to comply with the laws of the country; cases of their recruitment of children by those companies were not reported.
Concluding Remarks
AWICH POLLARD, Committee Co-Rapporteur for the Report of Greece, said in his concluding remarks that the Committee now understood better the compliance of Greece with the provisions of the Convention. Visible issues that came about were national legislation, coordination and relation with civil society. The Committee was led in its work by the best interest of children of Greece and expressed its concern about the observance of all fundamental freedoms enshrined in the Convention and the protection measures that needed to be accorded to a child. The Committee would transfer its concerns and recommendations in its concluding observations.
PILAR NORES, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, said in closing remarks that the Committee hoped that comments would serve to shine the way forward and to highlight the weaknesses in the implementation of the Optional Protocol. The serious concern of the Government to embed the provisions of the Conference and the Optional Protocol in its national legislation was noted. The Committee was concerned about the lack of adequate and sufficient data which was needed for the design of effective policies; the need for an effective coordination unit; the necessary preventive measures especially for populations at risk such as migrants, Roma and street children; and combating harmful traditional practices such as early marriages and addressing domestic violence.
GEHAD MADI, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, said in closing remarks that the discussion on the Optional Protocol was frank and open and congratulated Greece yet again on its compliance with core principles of this international instrument. Greece would need to revise the prohibition of recruitment of children under the age of 18 by the armed forces and private security companies and to explicitly prohibit in law exports of small arms. There was also a need for a comprehensive system of handling of children affected by or involved in armed conflict who arrived to Greece.
IOANNIS GEORGAKOPOULOS, General Director for European and International Educational Affairs, Ministry of Education, Lifelong Learning and Religious Affairs, in his closing remarks said that the delegation had made a genuine effort to respond to the questions and appreciated the constructive dialogue that provided better understanding of the situation in Greece and the concerns of the Committee. The current economic and financial crisis affected all the population of Greece including children, but Government would use available resources and coordinate its efforts always in the best interest of the child.
JEAN ZERMATTEN, Chairperson of the Committee, in closing observations said that the discussion was fruitful and constructive and confirmed the desire that the considerable crisis through which Greece was going would be soon over.
For use of the information media; not an official record
The delegation of Greece, led by Ioannis Georgakopoulos, General Director for European and International Educational Affairs, Ministry of Education, Lifelong Learning and Religious Affairs, noted that the Optional Protocol could be used as a basis for extradition in the absence of bilateral agreements. International adoptions were an issue of concern and Greece had experienced difficulties in putting in practice some provisions of the Hague Convention. So far no cases of child sex tourism had been reported, while cases of trafficking in minors were related to labour exploitation. Children victims of sale, prostitution and pornography enjoyed special protection measures such as protection during criminal proceedings, protection of privacy, the right not to be present in the audience, and others. In addition, they had access to social services, legal representation and compensation.
The national penal code had been adjusted to the provisions of the Statute of the International Criminal Court to expressly prohibit recruitment in the armed forces of children under 15 years of age and their use in hostilities, but the exports of arms to States in armed conflict where children were used was not specifically prohibited. Private security companies existed in Greece and had to comply with the laws of the country; cases of their recruitment of children by those companies were not reported.
Pilar Nores, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, noted there was no overarching body coordinating the Optional Protocol through State bodies and relevant ministries. Ms. Nores asked the delegation about training of all persons who worked with offences embodied in the Optional Protocol and about protection granted to migrant children including protection of their right to privacy. Other Experts were concerned with how the criminal law defined the sale of children and child labour, about criminalization of illegal adoption, and about the prohibition of possession of pornographic materials.
Gehad Madi, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, said that the Committee still wanted to see an explicit prohibition and punishment for recruitment of underage persons in the armed forces and armed groups in domestic legislation. Mr. Mahdi noted that there were children arriving to Greece from Afghanistan, Somalia and other countries where armed conflicts took place and asked the delegation to provide more information on their asylum applications, the system in place to identify and detect such children, and on rehabilitation and reintegration measures in place for those children.
In concluding remarks the Committee’s three country Rapporteurs appreciated the frank and open discussion and reiterated the need to establish a national coordination mechanism, undertake the collection of adequate and sufficient data which was needed for the design of effective policies, and develop necessary preventive measures especially for populations at risk such as migrants, Roma, and street and disabled children.
The delegation of Greece included representatives of the Ministry of Education, Lifelong Learning and Religious Affairs, the Ministry of Justice, Transparency and Human Rights, the Ministry of Health and National Solidarity, the Ministry of Citizens’ Protection, the Ministry of Foreign Affairs, and the Permanent Mission of Greece to the United Nations Office at Geneva.
The Committee will resume its work at 10 a.m. on Friday, 8 June to review the combined third and fourth periodic report of Algeria (CRC/C/DZA/3-4).
Report
The initial report of Greece on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography can be read here (CRC/C/OPSC/GRC/1) and the initial report on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict here: (CRC/C/OPAC/GRC/1).
Questions from Experts on the Optional Protocol on the sale of children, child prostitution and child pornography
PILAR NORES, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, noted that Greece had ratified a number of international treaties and had undertaken national legislative reforms; now was the time to review how it all worked in practice. There was no overarching body coordinating the Optional Protocol vertically through State bodies and horizontally through relevant ministries. What was the body in charge of implementing, coordinating and applying the Optional Protocol on the sale of children, child prostitution and child pornography? Greece was a country of destination and transit of trafficking in persons for purposes of sexual exploitation. The Hellenic police had created a specialized body to deal with the issue of sale, prostitution and pornography of children, but this had not been matched by any other ministry. What measures did Greece intend to take to train all persons who worked with offences embodied in the Optional Protocol? How did Greece intend to assess the effectiveness of its implementation? How was it that half of Roma children still were not in school and that there were high levels of drop out rates and illiteracy among Roma communities, which put children at risk for sale, prostitution and exploitation? Migrant children were another vulnerable group of concern to this Committee and Ms. Nores asked about protection granted to those children including protection of their right to privacy. What were the programmes in place to recover and rehabilitate children living in the street?
Other Experts requested the delegation to explain how criminal law defined the sale of children and child labour, and asked about criminalization of illegal adoption and about prohibition of possession of pornographic materials. Was the Optional Protocol on the sale of children, child prostitution and child pornography sufficient to authorize extradition for crimes committed under the Protocol? What mechanisms had been set up to monitor living conditions of children in shelters?
Concerning the position of Greece on sexual tourism, the Committee Chairperson asked what measures were taken by the tourist industry to prevent all forms of crimes under the Optional Protocol. Did Greece have cases of prosecutions and convictions of foreign tourists who might have taken advantage of their position as tourists to take advantage of children living in the territory of Greece?
Questions from Experts on the Optional Protocol on the involvement of children in armed conflict
GEHAD MADI, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, welcomed the fact that the Optional Protocol had become an integral part of domestic legislation in Greece. The Committee still wanted to see an explicit prohibition and punishment for recruitment of underage persons in the armed forces and armed groups. What concrete measures was the Government taking to address the concerns of the Children Ombudsmen concerning the treatment of children involved in armed conflict? There were children arriving from Afghanistan, Somalia and other countries where armed conflicts took place; how many of them had applied for asylum, how many received asylum and what was the fate of those whose applications were refused? What was the system in place to identify and detect children coming from armed conflict or who were involved in armed conflict; what training programmes were provided to border officers in this respect, and what rehabilitation and reintegration measures were in place for those children? Mr. Mahdi further requested a reply concerning the export of small arms to countries and nations that were involved in conflict.
Responses by Delegation on the Convention on the Rights of the Child
Responding to questions asked yesterday in the framework of the review of the report of Greece on the implementation of the provisions of the Convention on the Rights of the Child, the delegation said that the capacity of the current reception centre was 1,000 persons and the new detention centre which would become operational in September this year was 250.
No actions were taken against minors between 8 and 13 years of age who committed criminal offence; sanctions were imposed on minors over the age of 15 who committed serious offences. Minor prisoners were held separately from adult criminals. New amendments of the Criminal Code in 2010 provided regulations for hearing of minors and defined that minors needed to be held not in detention centre but in welfare probation care. Begging was a minor offence under the Criminal Code.
Response by Delegation on the Optional Protocol on the sale of children, child prostitution and child pornography
The delegation said Greece’s national legislation was compatible with the Optional Protocol. The law on trafficking in persons sanctioned this crime with at least 10 years imprisonment and a monetary fine. The legislation of the European Union was included in the national legislation on trafficking in human beings and the sale of children was covered by Greek Penal Law. The 1996 law on international adoptions sentenced persons who gave their children up for adoption through intermediaries who gained from such transactions, as well as intermediaries themselves.
A Committee Expert noted that according to the Daphne Programme research on children under the age of three, it was clear that in Greece there was no state institution which registered children in state care, and asked how Greece got the information about children taken out of the country. Responding, the delegation said that the number of children kept in institutions, especially able bodied children, was about 1,000; the delegation did not have the information about the number of disabled children held in state institutions.
Committee Experts were very concerned about the system of private adoptions in Greece, which was murky and open to abuse because there was no oversight. The delegation said that after the adoption, the child was supervised for a period of three years and if the situation of the child deteriorated, the adoption would be cancelled. Apart from this, adoptive parents could at any time refer to a social worker in case of any problems with the child and request help and assistance. If adoption of abandoned children was cancelled because of the behaviour of adoptive parents, then children came back to the institution in which they were hosted before.
An Expert said that this was how adoptions needed to take place; however, the Committee was interested in hearing about private adoptions taking place through offices of gynaecologists and wished to know if there was any money changing hands. The delegation said that the Government was very concerned about international adoptions and had difficulties to implement in practice some provisions of the Hague Convention. On the matter of family environment, there was an intention to review the family code.
Extradition could be effected with all countries signatories of the Optional Protocol, which meant that the Optional Protocol could be used as a basis for extradition even in the absence of bilateral agreements. Greece could also undertake extradition with other countries on the basis of the Palermo Protocol for cases of organized crime. For other cases, agreements and mutual reciprocity needed to be in place.
So far no cases of child sex tourism had been reported to or noted by the police and cases of trafficking in minors were related to labour exploitation. Greece had special provisions on the protection of children victims of sale, prostitution and pornography, who were considered as vulnerable persons. Therefore, many of the special provisions applied, such as protection during criminal proceedings, protection of privacy, the right not to be present in the audience, and the right to be examined outside of the court. They also had access to social services, legal representation and compensation. Better implementation of those protective measures in practice required increased budgets and improved coordination. State compensation was provided under specific conditions, for example when perpetrators were not known; if a victim of a crime was not European citizen, but undocumented or illegal migrant, then special legislation was applied.
Mental health was provided through 35 medical and pedagogical centres, in addition to institutionalized help in independent guesthouses and boarding houses, which were reserved for people with aggressive behaviour or autism. All day care centres were available for abused and neglected individuals and victims of violence. This medical, psychological, psychiatric and pedagogical help was provided free of charge. Children victims of sale, prostitution and pornography had access to additional services. The 2006 National Action Plan to combat trafficking in human beings had national and cross-border level aspects and had been developed in cooperation with 21 countries. The Ministry of Health and Social Solidarity had issued a circular stating that corporal punishment was banned not only by the Greek law but also by rules of operation of child care institution. Law explicitly banned corporal punishment in schools and the 2006 law on domestic violence mentioned that corporal punishment was not allowed in the framework of raising and educating children.
Penal legislation was very detailed in terms of criminal liability and punishment for offences against children. Special legal provisions needed to be put for particular forms of behaviour such as bullying or cyber crimes, but with consideration for human rights and fundamental freedoms such as freedom of expression. Law 3625 had amended the provisions on child pornography and now the possession of child pornography was considered to be a crime. Law 3666 of 2008 enabled the authorities to monitor communications of suspects and act immediately. The Ministry of Education was concerned with safe cyber surfing and had developed a Safer Internet Programme under which awareness raising activities on safe use of technologies had been undertaken for parents, teachers and students.
The Committee Chairperson repeated the concerns of the Committee related to the impact of the economic and financial crisis on access to health and mental health, particularly for children and adolescents. The European Union had issued directives of infant and child feeding practices which promoted exclusive breastfeeding and within half and hour or one hour after the birth. The international code on breast milk substitutes had not been monitored and formula companies were introducing free samples to mothers and in some cases even health workers were involved in handing them out. In Greece, almost 90 per cent of mothers initiated breastfeeding but many stopped due to lack of support and availability of free samples.
Responding, the delegation said that the formal practice in hospitals was to urge mothers to breastfeed and to avoid commercial campaigns for the use of milk substitutes. Adolescents had access to contraception services and this service was covered by the insurance system. Generally speaking, breastfeeding, child and infant nutrition and reproductive health enjoyed special attention of the Government.
Concerning the disappearance of children from Aghia Varvara state institution, the delegation said that this case had been blown out of proportion by some. In most cases the registrations of names of children were made based on children statements and were not supported by any documentation. Due to inaccuracy of children particularly, most of whom were Roma, international social services were not always successful in locating their relatives. Those children were now adults and the delegation considered that they could address authorities for any further information on the issue.
The National School of Magistrates provided training to judges on issues related to this Optional Protocol. Child pornography and child abuse were very sensitive issues in Greece and there was a lot of jurisprudence in this matter. Extra-territorial jurisdiction of Greek judicial system was provided in the Criminal Code concerning competence of courts for acts committed abroad by Greek national or someone else affecting a Greek national.
The provisions in the penal system provided for greater involvement of minor in criminal proceedings, making Greece conformant to United Nations provisions. The family law in some cases provided for involvement of minor; Greece intended to revise this law to ensure interest of the child.
Response by Delegation on the Optional Protocol on the involvement of children in armed conflict
The national penal code had been adjusted to the provisions of the Statute of the International Criminal Court to expressly prohibit the recruitment in armed forces and use of children below 15 years of age in hostilities. The delegation did not have information concerning such prohibition for children below 18 years of age. National legislation did not provide for a specific prohibition of exports of arms to states in armed conflict where children were used.
The screening procedures included establishment of identity and establishment of vulnerability, which would then trigger special procedures such as transfer to centres for specialized care. In 2011, only 59 minors applied for asylum in Greece, but it was not known how those applications were addressed.
A Committee Expert noted that the current situation in Greece such as high rates of youth unemployment meant that Greece was a fertile ground for recruitment of children by private security companies. Responding, the delegation said that there was no special legislation concerning this criminal behaviour, but that different provisions from other laws could be used, such as that on organized crimes, slavery, criminal law and others. Private security companies existed in Greece and had to comply with the laws of the country; cases of their recruitment of children by those companies were not reported.
Concluding Remarks
AWICH POLLARD, Committee Co-Rapporteur for the Report of Greece, said in his concluding remarks that the Committee now understood better the compliance of Greece with the provisions of the Convention. Visible issues that came about were national legislation, coordination and relation with civil society. The Committee was led in its work by the best interest of children of Greece and expressed its concern about the observance of all fundamental freedoms enshrined in the Convention and the protection measures that needed to be accorded to a child. The Committee would transfer its concerns and recommendations in its concluding observations.
PILAR NORES, Committee Rapporteur for the report on the Optional Protocol on the sale of children, child prostitution and child pornography, said in closing remarks that the Committee hoped that comments would serve to shine the way forward and to highlight the weaknesses in the implementation of the Optional Protocol. The serious concern of the Government to embed the provisions of the Conference and the Optional Protocol in its national legislation was noted. The Committee was concerned about the lack of adequate and sufficient data which was needed for the design of effective policies; the need for an effective coordination unit; the necessary preventive measures especially for populations at risk such as migrants, Roma and street children; and combating harmful traditional practices such as early marriages and addressing domestic violence.
GEHAD MADI, Committee Rapporteur for the report on the Optional Protocol on the involvement of children in armed conflict, said in closing remarks that the discussion on the Optional Protocol was frank and open and congratulated Greece yet again on its compliance with core principles of this international instrument. Greece would need to revise the prohibition of recruitment of children under the age of 18 by the armed forces and private security companies and to explicitly prohibit in law exports of small arms. There was also a need for a comprehensive system of handling of children affected by or involved in armed conflict who arrived to Greece.
IOANNIS GEORGAKOPOULOS, General Director for European and International Educational Affairs, Ministry of Education, Lifelong Learning and Religious Affairs, in his closing remarks said that the delegation had made a genuine effort to respond to the questions and appreciated the constructive dialogue that provided better understanding of the situation in Greece and the concerns of the Committee. The current economic and financial crisis affected all the population of Greece including children, but Government would use available resources and coordinate its efforts always in the best interest of the child.
JEAN ZERMATTEN, Chairperson of the Committee, in closing observations said that the discussion was fruitful and constructive and confirmed the desire that the considerable crisis through which Greece was going would be soon over.
For use of the information media; not an official record
