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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Committee of Social Rights [ECSR]
Date of decision : 26/01/2021
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : Complaint No 173/2018

International Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) vs Greece

The International Commission of Jurists (ICJ) and the European Council for Refugees and Exiles (ECRE) registered a complaint with the European Committee of Social Rights on 30 November 2018. They alleged that serious systemic flaws in Greek law, policy and practice deprived unaccompanied migrant children in Greece (on the mainland and on the islands of Lesvos, Kos, Samos, Chios and Leros) and accompanied migrant children on the Greek islands of the rights provided in the European Social Charter, Articles 31§§ 1 and 2 (right to housing), 17§1 (right of children and young persons to social, legal and economic protection), 16 (right of the family to social, legal and economic protection), 7§10 (right of children and young persons to protection), 11§§1 and 3 (right to protection of health), 13 (right to social and medical assistance) and 17§2 (right of children and young persons to education). They made a request for immediate measures.

With regard to the right to housing, the committee concluded that there had been a violation of Article 31§1 due to "the failure to provide adequate accommodation to refugee and asylum-seeking children on the islands" and "the the lack of sufficient long-term accommodation for unaccompanied refugee and asylum-seeking children on the mainland." There had also been a violation of Article 31§2 due to "the inappropriate accommodation of accompanied and unaccompanied migrant children on the islands" and "the lack of provision of a shelter to unaccompanied migrant children on the mainland.

Regarding the right to social, legal and economic protection, the committee concluded that there had been a violation of Article 17§1 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" and "the detention of unaccompanied migrant children under the “protective custody” scheme".

The committee also found a violation of Article 7§10 "due to the failure to take the necessary measures to guarantee accompanied and unaccompanied migrant children the special protection against physical and moral dangers," of Article 17§2 "due to the lack of access to education for accompanied and unaccompanied migrant children on the islands" and a violation of Article 11§§1 and 3 due to "the failure to provide appropriate accommodation and sufficient health care to accompanied and unaccompanied migrant children on the islands" and "the failure to provide appropriate shelter to unaccompanied migrant children on the mainland."

Lastly, the committee concluded that there was no violation of Article 13§1 of the Charter with regard to the provision of food.

Guardianship; Reception/Accommodation; Unaccompanied minors; Vulnerable Group;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO IDS

Council of Europe,CoE: European Committee of Social Rights [ECSR], International Commission of Jurists (ICJ) and European Council for Refugees and Exiles (ECRE) vs Greece, 26/01/2021
The ECSR (Council of Europe) ruled on a complaint launched on the reception conditions for minors in Greece.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1875

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