The European Committee of Social Rights determined that the Greek government failed to provide certain human rights protections to accompanied and unaccompanied migrant children living on the Greek mainland and islands. The decision declared that many fundamental human rights obligations States have under the European Social Charter extend to all migrant children residing within those States, regardless of their immigration status.
The decision is currently under follow-up examination by the Committee of Ministers of the Council of Europe. The ECSR will also consider the implementation of its decision in the framework of its own follow-up procedure. This review will take place in 2023 in the context of the examination of Greece’s simplified report and will be made public at the beginning of 2024.
This case brings attention to the reality of conditions for migrants in Europe and the need for significant overhaul regarding how States provide protection for vulnerable migrant populations. The Committee ruled on this decision only two months after the Greek government ended the practice of “protective custody” for unaccompanied children.
The Committee also recalled for all States that are party to the Charter the “duty of international assistance and cooperation” to realize the rights and principles within the Charter when it comes to accompanied and unaccompanied migrant children in Greece and the Greek islands. This is significant because it gives party States a responsibility to provide assistance to fellow States to provide for the needs and rights of migrant children.
For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.