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Justice for children

in Greece

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Children affected

  • As of July 2023, 40 adolescents (15-17 years old) were in detention, including two girls and 1,117 adults between 18-25 years old.

Equity

Other

  • Juvenile detention centers are not adequately staffed and equipped to support the needs of children who do not speak Greek and come from different cultural backgrounds.

Enabling Environment

Legislation, policy, resources, coordination, data

Bottlenecks

  • Lack of comprehensive and systematized data collection for children in contact with the law.
  • Fragmentation of accountabilities and institutional bodies on child-friendly justice particularly on cases where a child survivor is involved.

CRC Recommendations (2022)

  • 43(c) Detention is used as a measure of last resort, for the shortest possible period of time and is reviewed on a regular basis, with a view to its withdrawal;
  • 43(d) The necessary legislation and other measures are adopted in order to implement the non-custodial measures as stipulated by the Penal Code (Law 3189/2003);
  • 43(e) Children deprived of liberty are detained separately from adults;
  • 43(g) Disaggregated data on child offenders is collected systematically.

National Actions

  • Support evidence generation and knowledge on the child-friendliness of the justice system to inform policy and planning.
  • Review the extent to which judicial procedures are child-friendly and whether it is necessary to reform them to become more child-centred and child-friendly according to international standards and good practices.
  • Support a feasibility study on the data collection and data sharing procedures and the relevant legal framework for children in contact with the law.
  • Support the development of a national child justice strategy and relevant national action plan. 
  • Support the establishment of a coordinating body for child-friendly justice.
  • Support the implementation of actions and programs to address children’s offending behaviour and allow their social reintegration to reduce recidivism.

Supply

Adequately staffed services, facilities, information, commodities

Bottlenecks

  • Juvenile detention centres are characterized by poor facilities, lack of equipment and adequate staffing. As such, they do not respond to children’s needs for educational activities, recreation and sports.
  • Juvenile detention facilities are often overcrowded and the rights of children to privacy, dignity and security are not respected.
  • Lack of specialized services for the prevention of juvenile delinquency and victimization.
  • Only one out of the five Independent Offices for the Protection of Minor Victims (Houses of the Child) that foreseen by the law are currently operational.
  • Lack of specialized training of professionals in the justice system on how to deal with cases involving children.
  • The current legal aid program is not sufficient to cover the legal representation needs of children in contact with the law due to bureaucratic and structural challenges but also due to lack of specialised or trained lawyers.
  • Lack of child-friendly information material for children in contact with the law on their rights.
  • Judges and prosecutors dealing with cases of children, including family cases, are not supported by multidisciplinary teams of experts. The Juvenile Probation and Social Welfare Service that provides non-custodial supervision and support  to children who have committed criminal offences or children who are at risk to come into conflict with the law, is understaffed, lacks necessary equipment and  professional supervision.  
  • Children whose parents are imprisoned have limited contact with them, or live with their imprisoned mother. This experience often takes a toll on their well beings.
  • Refugee and migrant children as well as Roma children cannot participate effectively in justice procedures due to the lack of adequate interpretation services.
  • Juvenile Prosecutors’ Offices are not supported by social welfare professionals.
  • Juvenile Probation and Social Assistance Offices lack personnel to properly monitor correctional measures applied to children in conflict with the law, to follow up children in correctional institutions and collaborate with children at risk to commit criminal offences.
  • Lack of systematic capacity building of professionals working with children in contact with the justice system.
  • ‘’Houses of the Child’’ for the support of children victims of crime are not fully operational.

CRC Recommendations (2022)

  • 43(a) Specialized judges for children and professionals working with child offenders receive appropriate continuous training on the rights of the child;
  • 43(b) The procedural safeguards for all children, i.e. all persons below 18 years of age, entering the justice system are respected and that children benefit from the provision of legal assistance from the investigation onwards;
  • 43(f) Detention conditions, including for temporary detention and “reformatory measures,” comply with international standards, including with regard to access to healthcare and education, and that all detention facilities undergo continuous monitoring.

National Actions

  • Ensure decent facilities, availability of the required equipment and adequate staffing as well as respect for the right of privacy and security in juvenile detention centres.
  • Ensure mandatory training for professionals involved in the juvenile justice system.
  • Develop a costed capacity building plan for professionals in the juvenile justice system.
  • Support the development of guidelines for legal professionals supporting children’s cases.
  • Review the current legal aid system aiming to ensure that all children involved in the justice system are entitled to legal aid.
  • Support the operationalization of the Houses of the Child and the review of the legislative framework.
  • Support the establishment and launch of a website with child-friendly information on the justice system as well as a 24/7 free of charge national helpline.
  • Develop child-friendly material explaining child rights for children in contact with the law, in different languages. 
  • Advocate towards the establishment of multi-disciplinary teams to support judges and prosecutors handling cases of children.
  • Support an in-depth review of the juvenile probation service and devise a strategy for its development.
  • Develop protocols to ensure the cooperation of all involved professionals in cases of children in contact with the law but also to reflect the different roles and accountabilities.
  • Ensure adequate provision of non-custodial measures as well as prevention of child delinquency and victimization by securing adequate resources for their operation.
  • Support the establishment of child-friendly spaces or other communication channels to ensure a frequent and stable relationship between children and imprisoned parents.
  • Ensure that all children are supported with interpretation services during the justice processes.
  • Capacity building of professionals working in the justice system and professionals who collaborate with children and families in contact with the law, including judges, prosecutors, law enforcement, welfare personnel, penitentiary personnel, lawyers and administrative personnel.
  • Support in the operationalization of the ‘’Houses of the Child’’, and the establishment of a permanent committee on the child-friendliness of the justice system in Greece.