Worst Forms of Child Labour Convention, 1999 (No. 182) - Greece (Ratification: 2001)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Monitoring mechanisms. Directorate of Cybercrime. Following its previous comments, the Committee notes from the Government’s report that the Sub-directorate for the Prosecution of Cybercrime has been upgraded and is now termed as Directorate for Cybercrime (DCC). It notes that the DCC constitutes a central unit under the Hellenic Police Headquarters and is responsible for combating child pornography through the Internet. The Committee notes, however, that while the Government provides detailed information on the measures taken to advise students and parents on safe browsing of the Internet and to avoid Internet addiction of students, no information on measures taken to combat child pornography through the Internet has been provided. The Committee, therefore, requests the Government to provide information on the specific measures taken by the Directorate of Cybercrime to monitor and combat child pornography through the Internet and the results achieved.

Articles 5 and 6. Monitoring mechanisms and programmes of action. The Police and Anti-Crime Policy Programme 2015–19. Following its previous comments, the Committee notes the Government’s information that the new Anti-Crime Policy Programme 2015–19 (ACPP 2015–19) has been elaborated with the aim of protecting minors. It notes the Government’s indication that in the context of the ACPP 2015–19, the key priority of the Hellenic Police is the fight against trafficking in persons, including children. Accordingly, the development of several action plans has been envisaged, including the strict enforcement of the provisions prohibiting trafficking of persons; conducting awareness-raising programmes on the phenomenon of trafficking for officials and personnel dealing with the cases of trafficking in persons as well as officers at border points; conducting inspections and investigations in order to identify all forms of trafficking in persons and to provide for proper assistance to victims of trafficking; and special measures to handle cases of trafficking involving minors. The Committee also notes the Government’s information that the Police Division has prepared 15 special operational plans to combat trafficking in persons. In addition, a comprehensive and multifaceted strategy has been developed by the Hellenic Police aimed at combating the trafficking of minors, including: updating of the interdepartmental operational action plan with a view to addressing the sexual exploitation of minors; holding training sessions for police officials on issues of trafficking in persons; and participating in training organized by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union–Frontex, on training border guards in combating trafficking in persons. The Committee further notes the Government’s indication that the Hellenic Police Division detected three cases of trafficking of minors in 2013, and 14 cases in 2014. The Committee requests the Government to continue providing information on the number of cases of trafficking of minors detected by the Hellenic Police Division, investigations carried out, prosecutions and penalties applied. It also requests the Government to provide information on the impact of the measures taken within the framework of the Anti-Crime Policy Programme 2015–19 on combating the trafficking of children.

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. Following its previous comments, the Committee notes the Government’s information that the Office of the National Rapporteur (NRO), which acts as the national coordinating authority for combating trafficking in persons, established the National Referral Mechanism and a permanent Consultation Forum with the aim of ensuring access of child victims of trafficking to support services. According to the Government’s report, the National Referral Mechanism collects requests for protection made by victims of trafficking from the competent public authorities and thereafter develops and puts in place a system to report, refer and monitor the handling of requests which will be forwarded to the National Rapporteur. The Committee also notes that the national helplines accept requests for social assistance and protection of minors who are in danger, including child victims of trafficking, and cooperates with the competent prosecution and other authorities for the immediate protection of such minors. The Committee requests the Government to provide information on the number of requests received by the National Referral Mechanism and the national helplines for the protection of child victims of trafficking and the number of such children who have been provided with appropriate protection and assistance for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at risk. 1. Street children. In its previous comments, the Committee noted the Government’s statement that child labour in the streets was 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 Government’s information that a Mobile School Programme has been implemented in the Thessaloniki region in order to reintegrate into the school environment children aged 5 to 18 years who spend most of their day on the streets, selling small items, or children belonging to socially excluded groups. The Government also states that special units established within the Hellenic Police develop targeted actions and conduct continuous inspections at institutions or of persons who have the custody of children, as well as to identify and prosecute adults exploiting children. The Committee requests the Government to provide information on the number of street children who have benefited from the Mobile School Programme as well as the number of children who have been withdrawn from the streets and provided protection following the actions of the special unit of the Hellenic Police. It also requests the Government to pursue its efforts to protect street children from the worst forms of child labour and to provide for their rehabilitation and reintegration.

2. Unaccompanied minors. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern about the great number of migrant and asylum-seeking children, including unaccompanied children, arriving daily at Greece’s borders, the lack of reception facilities and the poor quality of the existing ones.

The Committee notes the Government’s statement that identification and support of unaccompanied minors is a major priority, as it is the main group at risk of being trafficked and exploited. Towards this end, potential victims of child trafficking are protected in 11 shelters, while the National Centre for Social Solidarity (EKKA) manages all relevant applications. The Committee further notes the Government’s information with regard to the system of handling of requests for housing made by asylum seekers and unaccompanied minors by the EKKA. The Government indicates that according to EKKA statistics, 823 requests for housing of unaccompanied minors have been recorded in 2012, 1,150 requests in 2013 and 2,390 requests in 2014. The Committee further notes from the Government’s report that the International Organization for Migration (IOM) has been running a programme for voluntary return and reintegration for unaccompanied minors funded by European Union (EU) countries. In addition, the IOM provides funding to three NGOs which run a total of four centres for unaccompanied minors. These centres provide legal and psychosocial support as well as health services. However, the Committee notes the Government’s statement that due to the large number of requests for housing of unaccompanied minors, there is a long waiting period since the available accommodation centres are not enough to meet the needs. The Committee requests the Government to continue to take the necessary measures to provide appropriate support and assistance to unaccompanied minors so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on measures taken in this regard as well as on the number of unaccompanied children who had been provided protection and assistance at the accommodation centres or provided with appropriate shelter.

3. Roma children. The Committee previously noted that in its concluding observations of 13 August 2012, the CRC, while noting that efforts were 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 school enrolment rates and high school drop-out rates and the segregation of Roma children in schools.

The Committee notes the Government’s statement that the implementation of the project “Education Roma Children” within the context of the Operational Programme “Education and Lifelong Learning” of the Ministry of Education and Religious Affairs has contributed to the increase in the enrolment of Roma children at pre-school and elementary levels. This project aims at enhancing access by Roma children to schools and their regular attendance in line with clear integration guidelines. The Committee notes, however, from a report on discrimination of Roma children in education by the European Commission of October 2014, that according to the findings of a 2012 survey by the Fundamental Rights Agency, World Bank and the United Nations Development Programme, more than 35 per cent of Roma children are not attending school in Greece. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts, within the framework of “Education Roma Children”, to facilitate access of Roma children to free basic education. It requests the Government to provide information on the measures taken in this regard and on the results achieved, particularly with regard to increasing their school enrolment rates and reducing their school drop-out rates.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that in the context of the bilateral and multilateral relations of the Ministry of Interior and Administrative Reconstruction, about 25 Police Cooperation Agreements, including to combat the trafficking of minors, have been concluded with the competent authorities of European and third world countries. The Hellenic Police also participates in implementing the EU Policy Cycle with a special focus on trafficking of minors, and in activities organized by the EU Member States under the auspices of the European Commission aimed at designing procedures for the protection of minors. The Committee also notes the following initiatives through international cooperation undertaken by the NRO: (i) several awareness-raising campaigns, including audio-video and theatrical performances relevant to trafficking in persons have been organized in collaboration with the EU institutions, IOM and other NGOs; (ii) a public workshop on sexual exploitation has been organized in partnership with the French Embassy in Greece, with the participation of French, Greek and EU officials as well as NGOs with the main focus on issues related to trafficking in persons; and (iii) a transnational meeting between Greece–Bulgaria–Albania–Romania, with the title “Joint actions for the protection of children on the move” was organized in collaboration with the NGO ARSIS from 16–17 March 2015; and a Conference on prostitution and trafficking in Greece, hosting ministers, officials and heads of international organizations and representatives of NGOs and migrant communities, was organized in Greece on 29 April 2015.

Judicial decisions and practical application of the Convention. Following its previous comments, the Committee notes the statistical information from the Hellenic courts on the number of cases and convictions for offences related to the worst forms of child labour. The Committee notes that, in 2014, there were eight prosecutions and four convictions for crimes relating to the sale and trafficking of children; 17 prosecutions and four convictions for child prostitution; and 73 prosecutions and 33 convictions for crimes relating to child pornography.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that section 23 of Act No. 3459/2006 prohibits the use of a child for the production and trafficking of drugs. It noted, however, that the procuring or offering of a child for the production and trafficking of drugs is not covered by the same provisions. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to prohibit the procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

Causing or allowing a child to be used for begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits, among other things, the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee does not consider that this prohibition sufficiently meets what is required by the Convention. It must prohibit the use and the procuring of a child for the illicit activity of begging. The prohibition must also apply to children under 18. The Committee noted in the Government’s report that Children Services carry out patrols and controls on a daily basis to deal with the issue of child beggars. Noting the absence of a legal provision prohibiting the use, procuring or offering of a child for the illicit activity of begging, the Committee once again requests it to take the necessary measures to prohibit the use, procuring or offering of children under 18 years for illicit activities, including for begging.

Article 5. Monitoring mechanisms. Police. The Committee noted in the Government’s report that the Hellenic Police operates two electronic crime prosecution agencies, referred to as Electronic Crime Prosecution Units (ECPU): one based in Athens and one based in Thessaloniki. The ECPUs have full technological equipment and are staffed by officers and police personnel with special knowledge, who are continuously under training by participating in domestic and international seminars concerning electronic crimes. They cooperate closely with other bodies such as the Public Prosecutor and hotline representatives with the common objective of combating child pornography and they also provide instruction and counselling through mass media to parents and children aimed at protecting children. Police personnel with special knowledge and know-how monitor the Internet in order to find users trafficking in child pornographic materials and to gather information on technological content so as to identify and prosecute them. In March 2008, a three-day international training seminar was held jointly by the International Centre for Missing and Exploited Children, Interpol, the US FBI, Microsoft and the non-governmental organization “To Hamogelo tou Paidiou” (Smile of the Child). This “Crimes Against Children with the Use of Technology, and Dealing with the Phenomenon of the Trafficking in Child Pornography Over the Internet” training seminar was carried out by a team of nine specialized scientists, in which 75 police officers from detective police agencies throughout the country and 17 officers from ten countries and Interpol participated. Its conclusions, experiences and good practices improved the way Greek agencies treat cases of exploitation and abuse of children. Furthermore, it also assisted the Smile of the Child in creating, with headquarters in Athens, a Balkan Centre for Missing, Exploited Children and Trafficking in Children. The Committee requests the Government to continue providing information on the measures taken by the electronic crime prosecution agencies to combat child pornography and the results achieved.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Action plan against human trafficking. The Committee requested the Government to provide information on the impact of the action plan to combat human trafficking in so far as the trafficking of children is concerned. In particular, it asked the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in guest homes and shelters and rehabilitated. The Committee noted in the Government’s report that since September 2002, the Anti-trafficking Squad of the Public Safety Division (PSD), Hellenic Police Headquarters (HPH), operates within the Attica and Thessaloniki detective police divisions in specialized vice squads, with the appropriate training and equipment. Since late 2005, 14 other anti-trafficking squads, which undergo training at all stages of their education, have been established, thereby extending the coverage to the whole country. The Committee further noted that to facilitate the handling of cases of human trafficking, the PSD/HPH forwarded to all Hellenic police agencies the Circular Order of the Chief of the Hellenic Police in Relation to the Application of the Law on Combating the Trafficking in Human Beings. Also, in order to facilitate the investigation by the officers, a form containing special questions is sent to all the services of the country. Victims of human trafficking receive a bulletin, which has been translated into 13 languages, regarding their rights as victims. The Committee also noted the adoption and implementation of the Amber Alert Hellas programme, which helps to locate missing children. The Committee noted the statistics regarding the number of victims of human trafficking found in 2007. Of the 99 victims detected, the majority of them (43) were of Romanian origin; a total of four victims were minors: one each from Lithuania and Nigeria and two from Romania.

Finally, the Committee noted the concerns expressed by the Human Rights Committee, in its concluding observations (CCPR/CO/83/GRC, 25 April 2005, paragraphs 10 and 17), that Greece is a main transit route for trafficking in human beings, as well as a country of destination and, though efforts have been made, concern remains regarding the reported lack of effective protection of the victims, many of whom are women and children, including witness protection mechanisms. Concerns were also raised regarding the reported neglect of the situation of unaccompanied minors seeking asylum or illegally residing in the country. The Committee requests the Government to provide more information on the impact of the actions taken by the Anti-trafficking Squad of the Public Safety Division, Hellenic Police Department, in so far as the trafficking of children is concerned. In particular, it asks the Government to continue indicating the number of child victims of trafficking under 18 years of age who have been detected by the Anti-trafficking Squad. The Committee shares the concerns of the Human Rights Committee over the situation of trafficking of children in Greece and consequently requests the Government to redouble its efforts in providing effective protection, including witness protection, to the child victims of human trafficking, particularly regarding the reported neglect of unaccompanied minors seeking asylum or of those illegally residing in the country.

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. 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. The Committee also noted that section 49 provides for measures of assistance and aid to victims of trafficking during the deliberation period (period enabling the victim to recover) of 30 days which shall be further extended in the case of under-age victims. The Committee requested the Government to provide information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act as well as to Presidential Decree No. 233/2003. The Committee noted in the Government’s report that by virtue of section 44, subsection (1), paragraph (c), of Act No. 3386/2005, upon the decision of the Ministers of the Interior and of Employment and Social Protection, a residence permit is issued for reasons of a humanitarian nature to persons who are offered hospitality in institutes and charitable legal entities, including unaccompanied children under 18 years of age who are third country nationals. The Committee noted that only one residence permit was issued to a child victim of trafficking between 2006 and 31 May 2008 in the framework of the application of section 46 of Act No. 3386/2005. The Committee noted, moreover, the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its concluding observations (E/C./12/1/Add.97, 7 June 2004, paragraph 18), that there is a high number of trafficked women and children who are subjected to forced labour and sexual exploitation, and who are often deported to their countries of origin rather than being granted a residence permit, reportedly in an expeditious manner and without the necessary procedural safeguards. The Committee requests the Government to redouble its efforts in assisting child victims of trafficking by providing them with all the necessary and direct assistance for their removal from forced labour and sexual exploitation and for their rehabilitation and social integration. It also requests the Government to continue providing information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act or any other legislative provisions.

Clause (d). Children at risk. Street children. In its previous comments, the Committee noted the concerns expressed by the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraphs 72–73) at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18, working in the street are protected from the worst forms of child labour, and have access to education. The Committee, though noting the absence of information on this point in the Government’s report, noted the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its Concluding Observations (E/C/12/1/Add.97, 7 June 2004, paragraphs 19, 23 and 28) (CESCR), on the absence of statistical data regarding the extent of homelessness in Greece. However, according to the information received by the CESCR, an alleged approximate number of 5,800 children below the minimum working age of 15 years are illegally employed in the streets. The CESCR also expressed concern that a high percentage of Roma and Turkish-speaking children are not enrolled in school, or drop out at a very early stage of their schooling. As street children are at a higher risk of being exploited, the Committee requests the Government to redouble its efforts to protect these children from the worst forms of child labour. The Committee also requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years of age working and living on the street, particularly Roma children, are protected from the worst forms of child labour, in particular by: (a) preventing children from becoming street children; (b) providing the necessary and appropriate direct assistance to remove children from the street; and (c) ensuring their rehabilitation and social integration, including their access to education.

Article 8. International cooperation. The Committee noted in the Government’s report that representatives of the general secretariat for the Public Order of the Ministry of the Interior participate in international meetings to strengthen international cooperation and to exchange information with actors such as the EU, the UN, Europol, Interpol, the Southeast European Cooperative Initiative (SECI), the Adriatic and Ionian Initiatives and the Initiative for the Black Sea and Euxine Sea. These representatives also participate and organize international operations, including: (a) the Police Operation LIDA, during the Hellenic Chairmanship of the EU, whose results were very positive according to Europol; (b) in the framework of the SECI centre, Greece, as a member state, carried out police operations “MIRAGE” in 2002–04, whose objectives were to combat human trafficking and illegal migration. In frontier areas (Albania, The former Yugoslav Republic of Macedonia and Bulgaria), meetings with police divisions are also held to combat the cross-border phenomenon in these locations. The Committee also noted that the HPH cooperates and participates in meetings and conferences with other jointly competent bodies including various ministries, agencies, bodies, NGOs, the IOM and foreign embassies. It also participates in the Special Lawmaking Commission of General Secretariat Ministries (Commission) for the purpose of monitoring and coordinating the combating of human trafficking. The members of this Commission, along with 12 NGOs and the IOM signed an MOU with the same objectives. In the framework of its actions, the Commission also signed an Agreement between Greece and Albania on the protection and assistance to children who are victims of human trafficking. The Committee further noted that the Ministry of the Interior and the HPH organized operational actions code named “ILAERA”, commenced in December 2006 in the presence of Mr Franco Frattini, then Vice-President of the European Commission in charge of justice and interior issues, to combat the trafficking of women and children for the purposes of commercial sexual exploitation; this operation has since been put under his authority. There are a total of 22 countries (both EU and non-EU States) and four IOs (Europol, Interpol, Eurojust and Frontex) who participate in ILAERA. It aims at the substantial, coordinated and effective action of all the bodies involved because, if done individually, they are not sufficient. The ILAERA plan consists of both domestic and international cross-border aspects, operates with both a preventive and suppressive mandate and is developed on the basis of two parameters: (a) the Operational (Police–Judicial) Action for the disruption of organized networks of international character and the release of victims; and (b) the provision of assistance and protection to the victims. Domestically, a table-top exercise with all the bodies involved was held in April 2007; at an international level, experts from participating countries met twice in Athens in December 2006 and May 2007 to process the text that will become the Plan for Cross-Border Cooperation of the Police-Judicial Authorities. The Committee requests the Government to provide information on the progress made in adopting the Plan for Cross-Border Cooperation of the Police-Judicial Authorities. In the event that it has already been adopted, the Committee requests the Government to provide information on the impact of this plan in combating trafficking of children between its member States.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to specify how many cases and court decisions are related to children under 18 involved in the worst forms of child labour. The Committee noted in the Government’s report some types of crimes regarding the worst forms of child labour for which some statistics for the years 2006, 2007 and the first five months of 2008 exist: (a) the exploitation of minors in begging; (b) trafficking in human beings; (c) trafficking for purposes of slavery; and (d) procuring. In 2006, 19 crimes involving the exploitation of minors in begging were detected, of which two victims were Greek nationals and 18 were foreign. In 2007, there were six such crimes detected and ten foreign victims; in the first five months of 2008, three such crimes were detected, claiming five foreign victims. In 2006, there was one crime involving the trafficking of human beings detected, in which the two victims were both Greek nationals. Also in 2006, one case of trafficking for purposes of slavery was detected involving one foreign victim. In the first five months of 2008, one case of procuring was found involving one Greek national victim. The Committee requests the Government to continue providing statistics on crimes related specifically to children under 18 years of age involved in the worst forms of child labour. It also requests the Government to indicate the penalties imposed on the persons convicted for using, offering or procuring children under 18 years of age in the worst forms of child labour.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that Act No. 3189/2003 amends section 121 of the Penal Code thereby making it illegal to use, procure or offer a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 23 of Act No. 3459/2006 prohibits the use of a child for the production and trafficking of drugs. It notes, however, that the procuring or offering of a child for the production and trafficking of drugs is not covered by the same provisions. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to prohibit the procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

2. Causing or allowing a child to be used for begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits, among other things, the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee does not consider that this prohibition sufficiently meets what is required by the Convention. It must prohibit the use and the procuring of a child for the illicit activity of begging. The prohibition must also apply to children under 18. The Committee notes in the Government’s report that Children Services carry out patrols and controls on a daily basis to deal with the issue of child beggars. Noting the absence of a legal provision prohibiting the use, procuring or offering of a child for the illicit activity of begging, the Committee once again requests it to take the necessary measures to prohibit the use, procuring or offering of children under 18 years for illicit activities, including for begging.

Article 5. Monitoring mechanisms. Police. The Committee notes in the Government’s report that the Hellenic Police operates two electronic crime prosecution agencies, referred to as Electronic Crime Prosecution Units (ECPU): one based in Athens and one based in Thessaloniki. The ECPUs have full technological equipment and are staffed by officers and police personnel with special knowledge, who are continuously under training by participating in domestic and international seminars concerning electronic crimes. They cooperate closely with other bodies such as the Public Prosecutor and hotline representatives with the common objective of combating child pornography and they also provide instruction and counselling through mass media to parents and children aimed at protecting children. Police personnel with special knowledge and know-how monitor the Internet in order to find users trafficking in child pornographic materials and to gather information on technological content so as to identify and prosecute them. In March 2008, a three-day international training seminar was held jointly by the International Centre for Missing and Exploited Children, Interpol, the US FBI, Microsoft and the non-governmental organization “To Hamogelo tou Paidiou” (Smile of the Child). This “Crimes Against Children with the Use of Technology, and Dealing with the Phenomenon of the Trafficking in Child Pornography Over the Internet” training seminar was carried out by a team of nine specialized scientists, in which 75 police officers from detective police agencies throughout the country and 17 officers from ten countries and Interpol participated. Its conclusions, experiences and good practices improved the way Greek agencies treat cases of exploitation and abuse of children. Furthermore, it also assisted the Smile of the Child in creating, with headquarters in Athens, a Balkan Centre for Missing, Exploited Children and Trafficking in Children. The Committee requests the Government to continue providing information on the measures taken by the electronic crime prosecution agencies to combat child pornography and the results achieved.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Action plan against human trafficking. The Committee requested the Government to provide information on the impact of the action plan to combat human trafficking in so far as the trafficking of children is concerned. In particular, it asked the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in guest homes and shelters and rehabilitated. The Committee notes in the Government’s report that since September 2002, the Anti-trafficking Squad of the Public Safety Division (PSD), Hellenic Police Headquarters (HPH), operates within the Attica and Thessaloniki detective police divisions in specialized vice squads, with the appropriate training and equipment. Since late 2005, 14 other anti-trafficking squads, which undergo training at all stages of their education, have been established, thereby extending the coverage to the whole country. The Committee further notes that to facilitate the handling of cases of human trafficking, the PSD/HPH forwarded to all Hellenic police agencies the Circular Order of the Chief of the Hellenic Police in Relation to the Application of the Law on Combating the Trafficking in Human Beings. Also, in order to facilitate the investigation by the officers, a form containing special questions is sent to all the services of the country. Victims of human trafficking receive a bulletin, which has been translated into 13 languages, regarding their rights as victims. The Committee also notes the adoption and implementation of the Amber Alert Hellas programme, which helps to locate missing children. The Committee notes the statistics regarding the number of victims of human trafficking found in 2007. Of the 99 victims detected, the majority of them (43) were of Romanian origin; a total of four victims were minors: one each from Lithuania and Nigeria and two from Romania.

Finally, the Committee notes the concerns expressed by the Human Rights Committee, in its concluding observations (CCPR/CO/83/GRC, 25 April 2005, paragraphs 10 and 17), that Greece is a main transit route for trafficking in human beings, as well as a country of destination and, though efforts have been made, concern remains regarding the reported lack of effective protection of the victims, many of whom are women and children, including witness protection mechanisms. Concerns were also raised regarding the reported neglect of the situation of unaccompanied minors seeking asylum or illegally residing in the country. The Committee requests the Government to provide more information on the impact of the actions taken by the Anti-trafficking Squad of the Public Safety Division, Hellenic Police Department, in so far as the trafficking of children is concerned. In particular, it asks the Government to continue indicating the number of child victims of trafficking under 18 years of age who have been detected by the Anti-trafficking Squad. The Committee shares the concerns of the Human Rights Committee over the situation of trafficking of children in Greece and consequently requests the Government to redouble its efforts in providing effective protection, including witness protection, to the child victims of human trafficking, particularly regarding the reported neglect of unaccompanied minors seeking asylum or of those illegally residing in the country.

Article 7, paragraph 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. 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. The Committee also noted that section 49 provides for measures of assistance and aid to victims of trafficking during the deliberation period (period enabling the victim to recover) of 30 days which shall be further extended in the case of under-age victims. The Committee requested the Government to provide information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act as well as to Presidential Decree No. 233/2003. The Committee notes in the Government’s report that by virtue of section 44, subsection (1), paragraph (c), of Act No. 3386/2005, upon the decision of the Ministers of the Interior and of Employment and Social Protection, a residence permit is issued for reasons of a humanitarian nature to persons who are offered hospitality in institutes and charitable legal entities, including unaccompanied children under 18 years of age who are third country nationals. The Committee notes that only one residence permit was issued to a child victim of trafficking between 2006 and 31 May 2008 in the framework of the application of section 46 of Act No. 3386/2005. The Committee notes, moreover, the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its concluding observations (E/C./12/1/Add.97, 7 June 2004, paragraph 18), that there is a high number of trafficked women and children who are subjected to forced labour and sexual exploitation, and who are often deported to their countries of origin rather than being granted a residence permit, reportedly in an expeditious manner and without the necessary procedural safeguards. The Committee requests the Government to redouble its efforts in assisting child victims of trafficking by providing them with all the necessary and direct assistance for their removal from forced labour and sexual exploitation and for their rehabilitation and social integration. It also requests the Government to continue providing information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act or any other legislative provisions.

Clause (d). Children at risk. Street children. In its previous comments, the Committee noted the concerns expressed by the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraphs 72–73) at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18, working in the street are protected from the worst forms of child labour, and have access to education. The Committee, though noting the absence of information on this point in the Government’s report, notes the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its Concluding Observations (E/C/12/1/Add.97, 7 June 2004, paragraphs 19, 23 and 28) (CESCR), on the absence of statistical data regarding the extent of homelessness in Greece. However, according to the information received by the CESCR, an alleged approximate number of 5,800 children below the minimum working age of 15 years are illegally employed in the streets. The CESCR also expressed concern that a high percentage of Roma and Turkish-speaking children are not enrolled in school, or drop out at a very early stage of their schooling. As street children are at a higher risk of being exploited, the Committee requests the Government to redouble its efforts to protect these children from the worst forms of child labour. The Committee also requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18years of age working and living on the street, particularly Roma children, are protected from the worst forms of child labour, in particular by: (a) preventing children from becoming street children; (b) providing the necessary and appropriate direct assistance to remove children from the street; and (c) ensuring their rehabilitation and social integration, including their access to education.

Article 8. International cooperation. The Committee notes in the Government’s report that representatives of the general secretariat for the Public Order of the Ministry of the Interior participate in international meetings to strengthen international cooperation and to exchange information with actors such as the EU, the UN, Europol, Interpol, the Southeast European Cooperative Initiative (SECI), the Adriatic and Ionian Initiatives and the Initiative for the Black Sea and Euxine Sea. These representatives also participate and organize international operations, including: (a) the Police Operation LIDA, during the Hellenic Chairmanship of the EU, whose results were very positive according to Europol; (b) in the framework of the SECI centre, Greece, as a member state, carried out police operations “MIRAGE” in 2002–04, whose objectives were to combat human trafficking and illegal migration. In frontier areas (Albania, The former Yugoslav Republic of Macedonia and Bulgaria), meetings with police divisions are also held to combat the cross-border phenomenon in these locations. The Committee also notes that the HPH cooperates and participates in meetings and conferences with other jointly competent bodies including various ministries, agencies, bodies, NGOs, the IOM and foreign embassies. It also participates in the Special Lawmaking Commission of General Secretariat Ministries (Commission) for the purpose of monitoring and coordinating the combating of human trafficking. The members of this Commission, along with twelve NGOs and the IOM signed an MOU with the same objectives. In the framework of its actions, the Commission also signed an Agreement between Greece and Albania on the protection and assistance to children who are victims of human trafficking. The Committee further notes that the Ministry of the Interior and the HPH organized operational actions code named “ILAERA”, commenced in December 2006 in the presence of Mr Franco Frattini, then Vice-President of the European Commission in charge of justice and interior issues, to combat the trafficking of women and children for the purposes of commercial sexual exploitation; this operation has since been put under his authority. There are a total of 22 countries (both EU and non-EU States) and four IOs (Europol, Interpol, Eurojust and Frontex) who participate in ILAERA. It aims at the substantial, coordinated and effective action of all the bodies involved because, if done individually, they are not sufficient. The ILAERA plan consists of both domestic and international cross-border aspects, operates with both a preventive and suppressive mandate and is developed on the basis of two parameters: (a) the Operational (Police–Judicial) Action for the disruption of organized networks of international character and the release of victims; and (b) the provision of assistance and protection to the victims. Domestically, a table-top exercise with all the bodies involved was held in April 2007; at an international level, experts from participating countries met twice in Athens in December 2006 and May 2007 to process the text that will become the Plan for Cross-Border Cooperation of the Police–Judicial Authorities. The Committee requests the Government to provide information on the progress made in adopting the Plan for Cross-Border Cooperation of the Police–Judicial Authorities. In the event that it has already been adopted, the Committee requests the Government to provide information on the impact of this plan in combating trafficking of children between its member States.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to specify how many cases and court decisions are related to children under 18 involved in the worst forms of child labour. The Committee notes in the Government’s report some types of crimes regarding the worst forms of child labour for which some statistics for the years 2006, 2007 and the first five months of 2008 exist: (a) the exploitation of minors in begging; (b) trafficking in human beings; (c) trafficking for purposes of slavery; and (d) procuring. In 2006, 19 crimes involving the exploitation of minors in begging were detected, of which two victims were Greek nationals and 18 were foreign. In 2007, there were six such crimes detected and ten foreign victims; in the first five months of 2008, three such crimes were detected, claiming five foreign victims. In 2006, there was one crime involving the trafficking of human beings detected, in which the two victims were both Greek nationals. Also in 2006, one case of trafficking for purposes of slavery was detected involving one foreign victim. In the first five months of 2008, one case of procuring was found involving one Greek national victim. The Committee requests the Government to continue providing statistics on crimes related specifically to children under 18 years of age involved in the worst forms of child labour. It also requests the Government to indicate the penalties imposed on the persons convicted for using, offering or procuring children under 18 years of age in the worst forms of child labour.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting that the term “minor” under section 121 of the Penal Code applied to children under 17 years of age, the Committee had previously requested the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used, procured or offered for the production of pornography or for pornographic performances. The Committee notes with interest that section 121 of the Penal Code has been amended by Act 3189/2003 (O.G.243/A/21-10-2003), according to which the term “under-age persons” covers children under 18 years. The Committee requests the Government to supply a copy of Amendment Act No. 3189/2003.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information on this point in the Government’s report. It reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Therefore, the Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

2. Causing or allowing a child to be used for begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits, amongst other things, the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee does not consider that this prohibition sufficiently meets what is required by the Convention. It must prohibit the use and the procuring of a child for the illicit activity of begging. The prohibition must also apply to children under 18. Noting that the Government’s report does not contain any information on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years for illicit activities, including for begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that pursuant to the inspection visits carried out by the services of the Labour Inspectorate Body, 3,555 employment books in respect of under-age persons were issued by the Labour Inspectorate in 2004, and 2,780 in 2005. The Committee also notes that the findings of the Labour Inspectorate indicated that a total of 35 under-age persons were in illegal employment in 2004, and 34 in 2005.

2. Police. The Committee had previously noted that “subdirectorates for the protection of minors” was established within the police in 2001 to secure the effective protection of minors. It had also noted that a department to combat electronic crimes, including offences such as child pornography on the Internet, was established within the Attica and Salonica police headquarters in 2004. The Committee once again requests the Government to provide information on the measures taken by the subdirectorates for the protection of minors and the department combating electronic crimes, and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Action plan against human trafficking. The Committee notes the Government’s information that a special committee headed by the General Secretary of the Ministry of Justice, and comprising the general secretaries of other Ministries such as the Interior, Public Administration and Decentralization, Economy and Finance, Foreign Affairs, Education and Religion, Employment and Social Protection, Health and Social Solidarity, and Public Order, was set up with a view to coordinating, at a political level, the work regarding the application of the provisions of Act 3064/2002 on “Combating human trafficking”. This special committee drew up a programme of action to combat human trafficking which includes: monitoring, identifying and protecting the victims of trafficking; setting up guest homes and shelters; providing the victim with legal, medical and psychological assistance; granting residence permits; facilitating the victim’s repatriation and reintegration programmes; and providing education and vocational rehabilitation to the victims remaining in Greece. The Committee also notes that several meetings, seminars and training courses for judges and other legal functionaries, police officers and media representatives were carried out within the framework of the above programme. The Committee requests the Government to provide information on the impact of this action plan to combat human trafficking in so far as the trafficking of children is concerned. In particular, it asks the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in guest homes and shelters and rehabilitated.

Article 7, paragraph 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. Following its previous comments, the Committee notes the Government’s information that the provision for protection and assistance to child victims (of prostitution and sale and trafficking for labour and sexual exploitation) prescribed in section 12 of Act No. 3064/2002 are defined in Presidential Decree No. 233/2003. The assistance and protection provided for under this Decree include: protection of life, physical integrity, personal and sexual freedom; safe residence, provision of food and human living conditions; medical, psychological and legal assistance; and education and vocational training for under-age victims. The Committee notes the Government’s information that according to Act No. 3386/2005 on the “Entry, residence and social integration of third country nationals in the Greek territory,” the victims of trafficking include the victims of crimes stated in sections 323, 323A, 349, 351 and 351A of the Penal Code (i.e. the slave trade; recruiting an under-age person by force, threats, deceptive means or by promises or other benefits for armed conflict; use, procuring or offering of a minor for prostitution; sale and trafficking of minors for labour and sexual exploitation). The Committee notes 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. Section 49 provides for measures of assistance and aid to victims of trafficking during the deliberation period (period enabling the victim to recover) of 30 days which shall be further extended in case of under-age victims. The Committee requests the Government to provide information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act and Presidential Decree No. 233/2003.

Clause (d). Children at risk. Street children. The Committee had previously noted the concerns expressed by the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraphs 72–73) at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18, working in the street are protected from the worst forms of child labour, and have access to education. Noting the absence of information in the Government report, the Committee once again requests it to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working and living on the street, particularly Roma children, are protected from the worst forms of child labour and have access to education.

Part V of the report form. Application of the Convention in practice. The Committee notes the data supplied by the Government in relation to the prosecutions made under Act No. 3064/2002 on “combating human trafficking”. According to this data, during the period from 2002 to June 2005; a total of 367 cases were prosecuted and 211 court decisions handed down, and in 205 cases a total of 284 defendants were convicted. The Committee requests the Government to specify how many of these cases and court decisions are related to children under 18 involved in the worst forms of child labour. It also requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 1(1) of Law No. 1763/1988 (as amended by Law No. 2510 of June 1997) on military service, men, from the 1 January of the year during which they turn 19, are liable to military service with the armed forces. However, the Committee observes that section 1(2) of the abovementioned Law states that, by decision of the Minister of National Defence, all Greek males may be called up to join the armed forces from the 1 January of the year during which they reached the age of 18, in order to cover increased mobilization needs. Furthermore, section 21 of Law No. 1763/1988 (as amended by section 14 of Law No. 2510/1997) states that, by decision of the Minister of National Defence, enlistment may be permitted for Greek males who have reached the age of 17 and who have not yet been called up for enlistment. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the compulsory recruitment of children in armed conflict constitutes one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the measures taken or envisaged to secure the prohibition of conscription of children under 18 years of age into armed forces for deployment in armed conflicts.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 348(A)(1) of the Penal Code (as amended by Law No. 3064/2002), any person who, for reasons of speculation, prepares, owns, obtains, purchases, transports, distributes, provides, sells or releases in any way pornographic material commits an offence. Pornographic material is defined under subsection (2) as “any description, real or virtual representation, on any device, of the body of a minor, aiming at sexual arousal, as well as the recording or impression on any device of a real, simulated or virtual lecherous act made for the same purpose by or with a minor”. Section 351A of the Penal Code also states that an adult who solicits a lecherous act between minors commits an offence. The Committee notes that by virtue of section 121 of the Penal Code, the term minor applies to children under 17 years of age. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used, procured or offered for the production of pornography or for pornographic performances.

Clause (c). 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee observes that, according to section 10 of Law No. 2161 amending and completing Law No. 1729/1987, on “fighting against the spread of drugs, protection of youth and other provisions”, it is prohibited to import, sell, purchase, offer, dispose of, distribute, or transport drugs. Noting that the use, procuring or offering of a child for these activities is not prohibited, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production and trafficking of drugs.

2. Causing or allowing a child to be used for begging. The Committee notes that, by virtue of section 407 of the Penal Code, begging is prohibited. Section 409 of the Penal Code provides that it is an offence for a person to encourage or neglect to discourage other persons under that person’s care from begging, or to deliver or supply persons under 17 years of age to a third party with the intent to arouse by their youth the pity of the public for monetary gain. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in national legislation to prohibit the use, procuring or offering of children under 18 for illicit activities, including for begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 17 of Law No. 1837/1989 on the protection of young persons in employment, the labour inspectorate is responsible for supervising the application of this Law. It also observes that, by virtue of section 8 of the abovementioned Law (except those working in artistic work), young persons who wish to be employed must have an employment book issued by the labour inspectorate. The Committee notes that, according to the report of the labour inspectorate of 2002, 4,055 employment books were issued in 2002 for the employment of young persons. The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The police. The Committee notes the Government’s indication that “subdirectorates for the protection of minors” was established within the police in 2001 to secure the effective protection of minors. The Government also states that, in 2004, a department was established within the Attica and Salonica police headquarters to fight against electronic crimes, including offences against the legal rights of the child such as child pornography. The Committee requests the Government to provide information on the concrete measures taken by the Sub-directorates for the protection of minors and the department combating electronic crimes and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that no programmes of action have been designed so far because of the adoption of recent legislative measures. The Committee notes however that, according to section 2 of Law No. 3144 of 8 May 2003, a resolution of the Minister of Labour and Social Security and competent ministers shall determine action projects for the protection of employed minors. These projects shall be consistent with the provisions of Convention No. 182. The Committee requests the Government to provide information on progress made towards the adoption of a resolution by the Minister of Labour and Social Security, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups to determine action projects for the protection of employed minors in Greece.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that by virtue of article 16(4) of the Constitution, compulsory basic education lasts nine years and is free. The State shall provide for the financial assistance of those in need of special protection (article 16(4) of the Constitution). The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/28/Add.17, 25 June 2001, paragraph 296-301), compulsory education starts when a child reaches 6 years of age and is divided in two sections: six years of primary education followed by three years of junior secondary school. The Government adds that between 1981 and 1991, the percentage of pupils dropping out of compulsory education fell from 23 per cent to 9.6 per cent. The Committee also notes that the representative of the Government indicated to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraphs 60-65) that the Government has taken measures to prevent pupils from minority groups from dropping out. It also indicates that actions taken in favour of Muslim minorities in Thrace appear to have yielded excellent results, as the number of Muslims attending secondary schools was said to have increased by 70 per cent. The Committee asks the Government to provide statistical information on the number of children enrolled in compulsory education, the dropout rate and the number of children repeating the school year. It also asks the Government to continue to provide information on the measures taken to improve access to education for children from minorities or poor families, and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the UNICEF, children are trafficked from Albania to Greece for labour or sexual exploitation. The Committee also notes that section 12 of Law No. 3064/2002 amending the Penal Code provides that the victims of crimes stated in sections 349, 351 and 351(A) of the Penal Code (i.e. the use, procuring or offering of a minor for prostitution and the sale and trafficking of minors for labour or sexual exploitation) shall be provided with protection, mainly concerning their life and physical integrity. In addition, they shall be assisted for accommodation, board, living conditions, care and psychological support as well as legal assistance. Minors shall be included in programmes of education and vocational training. The Committee notes that a decree shall determine the means and method of such protection and assistance (section 12 of Law No. 3064/2002 amending the Penal Code); it shall be adopted within six months. The Committee accordingly requests the Government to indicate the concrete measures taken under the abovementioned decree to provide direct assistance for the removal of child victims of trafficking, and ensure their rehabilitation and social integration. It also asks the Government to provide information on the results achieved.

Clause (d). Children at risk. Street children. The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraph 72-73), expressed concern at the rising number of children working and living on the street, particularly Roma children, and the lack of access of these children to education. The Committee notes that the representative of the Government declared to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraph 66) that the situation of street children had improved significantly thanks to the joint efforts by the municipalities, non-governmental organizations and the Ministry of Education. Social centres are open to street children during the day which provide them with clothing, money and food. The Government representative adds that the persons in charge of the centre also ensure that children go to school and offer them remedial classes in various subjects. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged, to ensure that children under 18, working in the street, are protected from the worst forms of child labour, and have access to education.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first and second reports. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that, according to sections 323(A) and 351(1) of the Penal Code (as amended by Law No. 3064/2002 of 15 October 2002), any person who, using violence, threat or other compulsive measures, retains, transfers or promotes within or outside the territory, detains, fosters, delivers with or without exchange to other persons or receives a person from others with the purpose of removing body organs, exploiting their work, or for the purpose of sexual exploitation, commits an offence.

 2. Forced or compulsory labour. The Committee notes that slave trading is an offence under section 323(1) of the Penal Code. Slave trading includes any act of seizure, attainment or disposition of an individual which is intended to subject him to slavery; any act of acquiring a slave with intent to resell or exchange him; and in general any act of trading or delivering slaves (section 323(2) of the Penal Code). The Committee also notes that, by virtue of article 22 of the Constitution, any form of compulsory labour is prohibited.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 1(1) of Law No. 1763/1988 (as amended by Law No. 2510 of June 1997) on military service, men, from the 1 January of the year during which they turn 19, are liable to military service with the armed forces. However, the Committee observes that section 1(2) of the abovementioned Law states that, by decision of the Minister of National Defence, all Greek males may be called up to join the armed forces from the 1 January of the year during which they reached the age of 18, in order to cover increased mobilization needs. Furthermore, section 21 of Law No. 1763/1988 (as amended by section 14 of Law No. 2510/1997) states that, by decision of the Minister of National Defence, enlistment may be permitted for Greek males who have reached the age of 17 and who have not yet been called up for enlistment. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the compulsory recruitment of children in armed conflict constitutes one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the measures taken or envisaged to secure the prohibition of conscription of children under 18 years of age into armed forces for deployment in armed conflicts.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 349 of the Penal Code (as amended by section 7 of Law No. 3064/2002), any person who, in order to serve the vices of other persons, promotes or urges a minor (i.e. a minor is a person aged 7 to 17 according to section 121 of the Penal Code) to prostitution or fosters or facilitates child prostitution commits an offence. Section 350 of the Penal Code provides that a male who derives his livelihood wholly or partially from the exploitation of the income of female prostitutes commits an offence. Section 351 of the Penal Code (as amended by section 8 of Law No. 3064/2002) states that it is prohibited, by using violence, threat or other compulsive measures or the imposition of abuse of power, to retain, transfer or promote within or outside the territory, detain, foster, deliver with or without exchange to other persons or receive a person from others for the purpose of sexual exploitation. Penalties will be increased if the abovementioned offences are committed against a minor (i.e. a person aged 7 to 17). The Committee also observes that, by virtue of section 351(A) of the Penal Code, an adult who commits a lecherous act with a minor in return for remuneration commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 348(A)(1) of the Penal Code (as amended by Law No. 3064/2002), any person who, for reasons of speculation, prepares, owns, obtains, purchases, transports, distributes, provides, sells or releases in any way pornographic material commits an offence. Pornographic material is defined under subsection (2) as "any description, real or virtual representation, on any device, of the body of a minor, aiming at sexual arousal, as well as the recording or impression on any device of a real, simulated or virtual lecherous act made for the same purpose by or with a minor". Section 351A of the Penal Code also states that an adult who solicits a lecherous act between minors commits an offence. Noting that by virtue of section 121 of the Penal Code, the term minor applies to children under 17 years of age. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used, procured or offered for the production of pornography or for pornographic performances.

Clause (c). 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee observes that, according to section 10 of Law No. 2161 amending and completing Law No. 1729/1987, on "fighting against the spread of drugs, protection of youth and other provisions", it is prohibited to import, sell, purchase, offer, dispose of, distribute, or transport drugs. Noting that the use, procuring or offering of a child for these activities is not prohibited, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production and trafficking of drugs.

2. Causing or allowing a child to be used for begging. The Committee notes that, by virtue of section 407 of the Penal Code, begging is prohibited. Section 409 of the Penal Code provides that it is an offence for a person to encourage or neglect to discourage other persons under that person’s care from begging, or to deliver or supply persons under 17 years of age to a third party with the intent to arouse by their youth the pity of the public for monetary gain. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in national legislation to prohibit the use, procuring or offering of children under 18 for illicit activities, including for begging.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee observes that sections 1 and 2 of Law No. 1837/1989 on the protection of young persons in employment, persons under 18 years of age are not permitted to be employed in dangerous, heavy or unhealthy work, or on work which is injurious to their mental health, or which, in general, hinders the free development of the personality. Sections 2(a) and 7 of Decree No. 62/98 on the measures of protection of young people at work provide that young persons under 18 years of age shall be protected against the special risks which endanger their safety, health and development due to their lack of experience, consciousness of the existing or potential risks or their incomplete development. Section 4 of Law No. 3144/2003 on social dialogue on the promotion of the employment and social protection of 8 May 2003 also provides that persons who have not reached 18 years of age are prohibited from being employed in operations, work or activities of any form which, owing to their nature or conditions of execution, may harm their health and safety and prejudice their morals. The Committee notes that resolution No. 130621 of the Minister of Labour and Social Security of 2 July 2003 on operations, works and activities prohibited to minors provides for a list of 50 types of hazardous work that shall not be performed by children under 18 years of age.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, must identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 17 of Law No. 1837/1989 on the protection of young persons in employment, the labour inspectorate is responsible for supervising the application of this Law. It also observes that, by virtue of section 8 of the abovementioned Law (except those working in artistic work), young persons who wish to be employed must have an employment book issued by the labour inspectorate. The Committee notes that, according to the report of the labour inspectorate of 2002, 4,055 employment books were issued in 2002 for the employment of young persons. The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The police. The Committee notes the Government’s indication that "subdirectorates for the protection of minors" was established within the police in 2001 to secure the effective protection of minors. The Government also states that, in 2004, a department was established within the Attica and Salonica police headquarters to fight against electronic crimes, including offences against the legal rights of the child such as child pornography. The Committee requests the Government to provide information on the concrete measures taken by the Sub-directorates for the protection of minors and the department combating electronic crimes and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that no programmes of action have been designed so far because of the adoption of recent legislative measures. The Committee notes however that, according to section 2 of Law No. 3144 of 8 May 2003, a resolution of the Minister of Labour and Social Security and competent ministers shall determine action projects for the protection of employed minors. These projects shall be consistent with the provisions of Convention No. 182. The Committee requests the Government to provide information on progress made towards the adoption of a resolution by the Minister of Labour and Social Security, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups to determine action projects for the protection of employed minors in Greece.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 323(A)(1) read in conjunction with section 351 of the Penal Code (as amended by Law No. 3064/2002 of 15 October 2002), any person who, using violence, threat or other compulsive measure or the imposition or abuse of power, retains, transfers or promotes within or outside the territory, detains, fosters, delivers with or without exchange to other persons or receives a minor from others with the purpose of removing body organs, exploiting their work, or for the purpose of sexual exploitation, is liable to a minimum of ten years’ imprisonment and a fine of 50,000 to 100,000 euros. Any person who accepts the work of a person who is under the circumstances mentioned above or intentionally makes a lecherous act against a person who is under the above circumstances shall be punished by at least six months of imprisonment (section 323(A)(3) of the Penal Code). Section 349 of the Penal Code (as amended by section 7 of Law No. 3064/2002) provides that "any person who, in order to serve the vices of other persons, promotes or urges a minor to prostitution or fosters or facilitates child prostitution is liable to a maximum of ten years’ imprisonment and a fine of 10,000 to 50,000 euros. Section 351(A) of the Penal Code (added by section 9 of Act No. 3064/2002) provides that an adult who commits a lecherous act with a minor in return for payment is liable to ten years’ imprisonment; penalties will increase depending on the age of the victim. Section 407 of the Penal Code provides that a person who is found begging is liable to a maximum of three months’ imprisonment. The Committee also observes that a person who encourages or neglects to discourage persons under his/her care from begging or delivers or supplies persons under 17 years of age to a third party with the intent to arouse by their youth the pity of the public for monetary gain, is liable to a maximum of six months’ imprisonment or a fine (section 409 of the Penal Code).

The Committee also observes that section 18(1) of Law No. 1837/1989, read in conjunction with section 458 of the Penal Code, states that an employer who engages a young person in breach of section 2(1) (i.e. in work that is dangerous, unhealthy or injurious) is liable to a maximum of six months’ imprisonment and/or a fine. Section 18(2) of Law No. 1837 /1989 also provides that a person who supervises a young person is liable to imprisonment or a fine if he/she permits the employment of such a person in hazardous work. The Committee also observes that, according to section 18(3) of Law No. 1837 /1989, the employer who violates the provisions of the Law shall be liable to a fine of between 30,000 and 300,000 drachmas. Noting that according to section 18(4) of Law No. 1837/1989, the amount of the fine may be adjusted by a decision of the Minister of Labour, the Committee asks the Government to indicate whether the amount of the fine was reviewed recently and if so, to indicate the applicable amount.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that by virtue of article 16(4) of the Constitution, compulsory basic education lasts nine years and is free. The State shall provide for the financial assistance of those in need of special protection (article 16(4) of the Constitution). The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/28/Add.17, 25 June 2001, paragraph 296-301), compulsory education starts when a child reaches 6 years of age and is divided in two sections: six years of primary education followed by three years of junior secondary school. The Government adds that between 1981 and 1991, the percentage of pupils dropping out of compulsory education fell from 23 per cent to 9.6 per cent. The Committee also notes that the representative of the Government indicated to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraphs 60-65) that the Government has taken measures to prevent pupils from minority groups from dropping out. It also indicates that actions taken in favour of Muslim minorities in Thrace appear to have yielded excellent results, as the number of Muslims attending secondary schools was said to have increased by 70 per cent. The Committee asks the Government to provide statistical information on the number of children enrolled in compulsory education, the dropout rate and the number of children repeating the school year. It also asks the Government to continue to provide information on the measures taken to improve access to education for children from minorities or poor families, and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the UNICEF, children are trafficked from Albania to Greece for labour or sexual exploitation. The Committee also notes that section 12 of Law No. 3064/2002 amending the Penal Code provides that the victims of crimes stated in sections 349, 351 and 351(A) of the Penal Code (i.e. the use, procuring or offering of a minor for prostitution and the sale and trafficking of minors for labour or sexual exploitation) shall be provided with protection, mainly concerning their life and physical integrity. In addition, they shall be assisted for accommodation, board, living conditions, care and psychological support as well as legal assistance. Minors shall be included in programmes of education and vocational training. The Committee notes that a decree shall determine the means and method of such protection and assistance (section 12 of Law No. 3064/2002 amending the Penal Code); it shall be adopted within six months. The Committee accordingly requests the Government to indicate the concrete measures taken under the abovementioned decree to provide direct assistance for the removal of child victims of trafficking, and ensure their rehabilitation and social integration. It also asks the Government to provide information on the results achieved.

Clause (d). Children at risk. Street children. The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraph 72-73), expressed concern at the rising number of children working and living on the street, particularly Roma children, and the lack of access of these children to education. The Committee notes that the representative of the Government declared to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraph 66) that the situation of street children had improved significantly thanks to the joint efforts by the municipalities, non-governmental organizations and the Ministry of Education. Social centres are open to street children during the day which provide them with clothing, money and food. The Government representative adds that the persons in charge of the centre also ensure that children go to school and offer them remedial classes in various subjects. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged, to ensure that children under 18, working in the street, are protected from the worst forms of child labour, and have access to education.

Article 8. International cooperation. The Committee observes that Greece ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2003, and signed in 2000 the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in 2000, as well as the Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and children, supplementing the United Nations Convention against Trans-national Organised Crime. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.