The rights of children living in institutions
Report on a study of the European Network of Ombudspersons for Children (ENOC)
Greece
July 2011
1. Introduction
This report is based on a questionnaire prepared by the European Network of
Ombudspersons for Children (ENOC) for a study on the implementation of the rights of
children living in institutions. The study focuses on welfare institutions and not institutions
operating in the criminal justice or mental health system. The aim is to assess the
institutional shortcomings and needs in residential care provided by public or private
nonprofit organizations to children, taking in consideration their rights as established by the
UN Convention on the Rights of the Child (Law 2101/92), as well as formulated in the UN
guidelines for the Alternative Care of Children (2009) and Recommendations of the Council
of Europe and especially in Recommendation (2005) 5 of the Committee of Ministers
Member States titled "The rights of children living in institutions."
The Greek Ombudsman, as part of its mission as Children's Ombudsman, has dealt
extensively with issues related to the implementation of the rights of children living in
institutions. The Ombudsman has made more than 100 visits to such institutions during the
8 years of its operation, discussing with the children, staff and management, has conducted
investigations, has issued reports and press releases, and has included the key findings and
recommendations in his annual reports to Parliament.
This report is sent to ENOC and includes published data on the context, situation and
content of institutional care for children in Greece, as well as other comments and
statements based on the action of the Children's Ombudsman from 2003 up to date and
proposals for improving the existing institutional framework.
2. The overall picture of institutional care in Greece
In Greece, child protection is nowadays in a very critical situation. This is partly due to lack
of available resources, as a consequence of the current economic crisis, but also because, for
many years , there have not been adequate efforts to improve legislation, to introduce and
implement quality standards and to establish monitoring mechanisms, in order to ensure
the protection of rights of children in residential care.
For long, especially after the Second World War, public and certain private charitable and
religious institutions in Greece focused primarily on the care of orphaned or abandoned
children, undertaking their raising and education until they reached adulthood and
independence. Over the years, the number of orphans and abandoned children has
decreased dramatically, while there has been an increase of children who needed to be
removed from their families, for short or long periods of time, because of abuse or neglect,
or due to serious family crises, problems, illness / disability or inability of parents to provide
them with the necessary care. In such cases children are usually placed in residential care,
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either following an order of the prosecutor of minors1 or at the request of their parents, often
with the mediation of social services.
Public institutions, which formerly belonged directly to the responsibility of the Ministry of
Health and Welfare and the National Welfare Organisation, are now independent public
bodies, subject to the seven Health Districts of the country, that operate under the
supervision of the Ministry of Health and Social Solidarity, through its decentralized
services, the Regional Health Administrators (YPE).
According to a recent study conducted by the National Centre for Social Welfare in
September 2010, across the country operate 18 public care institutions, hosting a total of 610
children, and 9 public institutions for children with chronic illnesses and disabilities,
including mental disabilities and severe disorders, with 645 guests, out of which only 167
are under 18 years of age. The rest are adults, who had been placed in the institutions while
they were children, but remained there after the age to 18 because they could not be
removed to other appropriate institutions for adults.
The lack of sufficient manpower and adequate resources prevents the placement of new
children in these institutions, despite the fact that there are vacancies while applications are
pending. So, the units for children without disabilities recorded 258 vacant places, and 69
pending requests which could not be met, and intsitutions for children with chronic
illnesses and disabilities had 213 seats, but 169 rejected applications.
There are also 2 more categories of public care institutions:
a) 5 shelters for children “at risk” operated by Associations for the Protection of
Minors, public bodies supervised by the Ministry of Justice, in total hosting around
70-80 children
b) 3 public care institutions for unaccompanied minors, co-funded by the European
Refugee Fund, hosting a little more than 200 juveniles.
Apart from the above-mentioned public institutions, there are also 2 more types of
residential institutions operating in Greece:
Private non profit making organisations, including charities, associations and foundations.
These include the traditional "orphanages" that have evolved into residential institutions for
child protection, shelters, “homes”, "children's villages", etc. In addition, there are a lot of
private non profit making institutions that care for children with chronic illnesses and
disabilities. Overall in Greece it is estimated that there are approximately 50 – 60 private
residential institutions, hosting around 1,500 children.
Child care institutions belonging to the church: According to a recent announcement of the
Greek Orthodox Church, nowadays in Greece there are in total 36 such institutions for
children (including orphanages, homes and boarding houses). 10 of them are included in the
list of care institutions of the Ministry of Health and Social Solidarity.
1
In Greece the Prosecutor of Minors has a double role, dealing with penal offences of juveniles and taking any
appropriate measures in order to protect children from violations of their rights by their parents or guardians.
2
It should be noted that public residential institutions for adolescents of over 12 years of age,
are mostly only for one sex (male or female) children, while many traditional institutions
and almost all the institutions belonging to church accommodate also children of one sex.
There are no official statistical data available on residential institutions and the number of
children placed in them. One published study2 (2009) shows that in 2007 there were 3,513
children who have been offered long-term accommodation in public or private institutions,
which included both care institutions for the general population of children, and those for
children with chronic diseases and disabilities. In the same study residential institutions
were estimated to be in total 92, of which 41 were public. The study did not include
however a number of church institutions. Finally, an interesting aspect of this study was
that the average length of stay of children in institutions in Greece was estimated to be at
around 7 years (in the public sector 6.46, while in the private sector 7.03)! "The prolonged stay
of children in care institutions suggests the limited use of modern alternative forms of social care by
the care system " was noted by the study.
The length of stay appears to be greater among children with chronic diseases and
disabilities. The Ombudsman in his report on a particular residential institution for children
with disabilities (2010) concluded that these children often remained in the same institution
throughout their lives, in the same care and living conditions.
3. LEGAL FRAMEWORK – HOUSERULES – POLICIES
(Convention of the Rights of the Child, art. 3, 5, 7, 9 and 18)
General information about the legal framework of institutions
In Greece there is no single comprehensive legislative framework for residential care
institutions. Children who are temporarily or permanently deprived of their families and
children with disabilities, who can not receive proper care by their families, are entitled to
care under the State Constitution, the Civil Code, provisions of the UN Convention on the
Rights of Child (n.2101/1992) as well as other provisions in the existing legislation.
Public institutions are governed by a rather outdated legislation. For example, the 12 public
Child Care Centres operate under legislation of 1973, and Regulations of 1984, while the
operation of 4 Children’s Homes (“Paidopoleis”) are based on legislation of 1970 and 1983.
All public Children's Residential Institutions have been converted to independent public
legal entities, by Law 3329/2005.
For private providers of social care services that offer accommodation, care and
rehabilitation to children, there have been some steps towards the adoption of a single
legislation regulating their operation. However, the provisions of the law on the framework
of accreditation and monitoring of existing private institutions were never properly
implemented. In particular, Law 2345/1995 on "Organised protection services provided by social
Study conducted by “The Smile of the Child” in the context of 2008 Operational Programme on Health and
Welfare
2
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welfare entities" regulated the obligation of private non profit making organisations to obtain
an operating “permit” from the District in order to be able to provide services to children as
well as to persons with disabilities. However, the required ministerial decisions which
would define the conditions and the control system for their fulfilment, to implement the
provision of the law, have not been issued yet. As a result, institutions still operate without
proper permits and monitoring system!
The same law established a special role of a “social counsellor” at district level, tasked with
overseeing and monitoring the quality and adequacy of services.
Law 2646/1998 introduced the "Development of a National System of Social Care ', and a
system for certification and accreditation of non-profit organisations providing social care
services, which however has never been properly implemented!
The existing legislation still lacks specifications for concrete national scale requirements
and quality standards concerning residential institutions for children.
- Is there clear and explicit legislation defining when, how, by whom and for what reasons decisions of
placement are taken?
- Does the law contain regulations on (please add examples):
 The procedure leading to the placement
A placement of a child in a residential institution is made according to the provisions of civil
law. In particular it can happen a) following the application by the child’s parents /
guardians, assigning part of the child’s custody to the institution, followed by a social
investigation that is conducted by a competent social service, or b) by order of the
prosecutor of minors and a subsequent court decision, when parental responsibilities are not
properly exercised and the child is in danger of neglect, abuse or other form of maltreatment
(Civil Code art.1532 and following and 1589 and following).
In practice, according to the findings of the Children's Ombudsman, there are serious
shortcomings regarding the adequacy and implementation of the current legislative
framework. Crucial issues emerging are: a) institutions do not guarantee the suitability of
placement for each child, b) prosecutors’ orders are often very general without specific
reference to the parents’ role and involvement in the child’s care and upbringing, c) parental
custody is rarely removed by the court, even when parents are unable or unwilling to look
after their child, and d) a guardian is rarely appointed by the court, which sometimes is
essential, especially in cases of children with disabilities abandoned by their parents in
institutions.
• Defining what the aims of the placement are, what the timing will be.
There is no legal provision determining the obligation to define the aims and the timing of
placement, based on established criteria and on the needs of each individual child. Usually,
the regulations of every institution contain provisions defining the purpose of the
institution, thus constituting the framework of the placement. However, there is no
obligation to define exactly the aim and the length of each placement, according to the
provisions of CRC. The only existing provision on time is that a child placed at an
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institution may stay there until adulthood, which, in the case of disabled children, may be
extended even to their whole life.
• Periodic inspection and external monitoring.
The legislation provides that the Regional Health Administration, as decentralized agencies
of the Ministry of Health and Social Welfare, are responsible for the control and supervision
of institutions (Law 3329/05). By Law 2920/2001 the Inspectorate for Health and Welfare
Services was established, aiming at the systematic monitoring and control of public and
private institutions, securing that they operate according to the law and checking the quality
of their services. The Ombudsman has asked and used, in the context of his investigations, a
number of audit reports issued by the Inspectorate for Health and Welfare Services,
including specific recommendations for the management of institutions, content and quality
of services, etc. Unfortunately, such recommendations, in particular regarding the need to
improve staff adequacy, are often disregarded by the competent Ministry. Most proposals
and recommendations of the Inspectorate stress upon the need to improve building
standards, provided facilities and administrative shortcomings, without focusing
adequately on the implementation of children’s rights, according to CRC provisions. The
main reason for this is the lack of established relevant quality standards and guidelines.
• Periodic review of the placement decision
The legislation concerning placement of a child in a residential institution does not include
any particular reference to an obligation for periodic review of placement decision, in
accordance with the relevant provision of CRC except placement of children with
disabilities in “special institutions” with a court order. According to Civil Code (art. 1609,
1610) this court order could have a maximum effect of 6 months. However, in practice this
provision is disregarded.
• Personnel requirements
The selection of personnel in public residential institutions, takes place according to
provisions of the law on recruitment of public employees in combination with the existing
posts foreseen in the regulation of every institution. The existing system of recruitment is
unfortunately rather slow and bureaucratic and does not allow for the immediate and
appropriate meeting of the needs of every institution. Moreover, since 2010 recruitment of
new staff in public services has been even more restricted, due to the current financial
situation of Greece.
There is no such system regarding the private sector.
Unfortunately there are no national standards, regarding personnel requirements and
selection procedures, safeguarding that appropriate and adequate staff is employed in every
institution.
It is a fact that the regulations governing the operation of many public institutions are old
and outdated, and do not provide for sufficient number of staff with the necessary skills,
professional training and qualifications. Also there is a lack of provisions for staff of both
sexes, providing both role models for children, for specialization, further training and
clinical supervision of the existing staff, for compliance with professional protocols, codes of
conduct, etc.
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Another problem faced especially by institutions where working conditions are hard, is that
often members of staff request a secondment to different agencies, or take lengthy leaves of
absence and their posts remain vacant for long.
Public institutions also can employ staff on fixed term contracts (8-month contracts) or
under training (“stage” programs) or auxiliary staff (Law 3868/2010). However, this has led
to a practice covering permanent posts with short term staff contracts, which does not
secure stability and continuity in the provision of care and in the children’s relations with
the staff, while it may create serious problems when short term contracts are terminated and
posts remain vacant.
Private institutions have a different recruitment system which depends heavily on their
statutes and flexibility. There are institutions with relatively adequate staff, as well as others
with severe shortcomings, operating mostly with volunteers, in violation of child protection
requirements.
Requirements on the infrastructure
The law has few requirements regarding the necessary infrastructure of institutions.
Specifications of buildings for health and social welfare institutions exist in urban planning
law: for natural lighting and ventilation (Building regulations No. 354), for fire protection
(Decree No. 77/88 12A), for the requirement of at least 11 m2 as a living space for a person
who cannot look after himself (No. 347 par.5), accessibility of buildings to persons with
physical disabilities, etc. Monitoring of fulfilment of such requirements is provided by the
respective competent technical services of regional authorities.

Rights of children during placement
The implementation of child rights from an holistic perspective, during preparation as well
during placement is inadequate, specially regarding children with disabilities. This is
mainly due to the lack of provision in legislation obliging institutions to constantly respect
and support the implementation of children’s rights, according to CRC provisions, as well
as the lack of training of professionals on this field.
• Does the law provide a system of thorough assessment before the placement decision is taken,
preferably by a multidisciplinary body?
The legislation does not provide the obligation for a comprehensive assessment of the
child’s circumstances and needs before the decision for placement in residential care, in
order to determine the suitability of the institution in relation to the needs of the child. In
practice though, in a lot of cases of prosecutors’ orders, children are assessed by a
multidisciplinary team at Children’s Hospitals, before they are placed in an institution.
A relevant serious problem, the Ombudsman has dealt with, is that often children may have
to stay for prolonged periods of time (even a few months!) in hospitals, after the assessment
has been completed, due to lack of vacancies in appropriate institutions for their placement.
The same happens with infants abandoned by their parents. Unfortunately there is no
system supporting direct placement of children in foster care.
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In cases where the prosecutor orders an emergency removal of the child from the family,
this is followed by an investigation conducted by a competent social service that may
describe the child’s needs and may propose placement in an appropriate institution.
The final decision about the placement in the above cases is made by the prosecutor of
minors.
When placements take place following a parents’ application, a social investigation
conducted by competent social services may describe the particular needs of the child and
its family. Their report should be kept in children’s records that institutions should
maintain.
• How is the most appropriate placement identified?
The most appropriate placement is identified by taking into consideration the child’s needs
and characteristics and the availability of spaces in existing institutions. However one could
not speak about “appropriate”, but rather about “feasible” placement, because usually there
is a lack of choices responding to every particular child’s needs.
The placement of a child in a residential institution following a prosecutors’ order should
normally be followed by introduction of the case into court and a relevant court decision
(C.C. 1532,1533), especially if there is no consent of the parent who has custody of the child.
Unfortunately, the Children's Ombudsman has found that a large number of children are
placed and remain in institutions without any further action by the prosecutor or without
following the procedure ex officio by the competent judicial authorities, with regard to
awarding custody or the actual care of the child or appointing a guardian. In cases of
existing systematic indifference or perceived inability of parent to exercise custody of the
child, especially when there are issues of property management, or making other critical
decisions for the lives of children, the institutions may file an application to the court for
custody or for the appointment of a guardian.
• Is there a specific set of proper care standards or guidelines on child sensitive work in institutional
settings?
No.
• Do the institutions have a clear set of 'houserules', governing the daily life in the institution or /
and the relationship between the children and the personnel?
The existence and content of “houserules” depend on the form and the tradition of every
institution, some of them being detailed and some more vague. The official regulations of
the public institutions usually also include reference to a broader context of decision making
on everyday issues, as well as on the relationship between children and the personnel.
However, the adoption of “houserules”, agreed upon with the participation of children
living in institutions governing issues of their every day life is not often a case. However, a
few institutions of the private sector have informed the Ombudsman that they have tried to
involve children in decision making and in forming commonly accepted houserules.

Do the relevant laws and regulations refer to the Convention of the Rights of the Child?
The existing legislation on residential institutions does not include reference to CRC. Also,
the requirement to continually monitor the implementation and protection of the rights of
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children living in institutions is not included in specific legislation, but it is provided by
CRC itself, that is a law of hightened legal force and sets adide contrary provisions of the
internal law.

Are the 2009 UN Guidelines on Alternative Care being implemented in the policies on
institutional care in your country?
No. The 2009 guidelines on alternative care for the UN have not yet been included in
policies on institutional care in Greece.

Does your country have any clear and effective policy on deinstitutionalization?
In recent years there has been increased public concern and debate among professionals
regarding the need for a clear and effective policy on deinstitutionalization in Greece.
However, measures taken so far are rather weak. Therefore the average length of children’s
stay in institutions remains extremely long (nearly 7 years) and the number of children
placed in institutions has not been reduced. In particular, the Ombudsman has continuously
argued about the need to strengthen the implementation of foster care and placement in
family-type institutions, for those children that could not be placed in foster care. One
additional problem obstructing the deinstitutionalization is the fact that the guardianship of
many children placed in institutions remains unclear for long, obstructing placement in
foster care or adoption. The Ombudsman has found that the situation is more serious in
particular regarding children with chronic diseases and disabilities, living in relevant
institutions.
According to the law, public residential institutions for children have the authority to
arrange placement of their children in foster care or adoption, after conducting the
appropriate social investigation and concluding that existing requirements are met (Law
3329/05 and 3402/05). However, in practice, social services both in the local communities
and in institutions are understaffed and inadequate to support foster care placements or to
support and guide the return of children to their natural families.
.
4. NON DISCRIMINATION
(Convention of the Rights of the Child, art. 2)

Is there any difference in treatment of certain categories of children within the institution? If so,
is there an objective or relevant reason for this?
Discrimination is not permitted under the Constitution, legislation to implement the
principle of equal treatment (particularly Law 3304/2005) and Article 2 of CRC. There is also
a particular provision in the law stating that social care should be provided without any
discrimination (Law 2646/98, Article 1).
The Ombudsman has no indications of systematic discrimination of certain categories of
children in residential care institutions.
Of course, the treatment of children rely largely on the skills and attitudes of professionals,
so the protection of children from discrimination it is also a matter of appropriate staff
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supervision. The fact that in many institutions there are members of staff that lack training
and may hold old-fashioned ideas and prejudices may lead to occasional violations, which
does not seem to be the rule in residential institutions of Greece. Roma children, who have
different life style and experiences, may sometimes become subject of discrimination.
During his visits in institutions, the Ombudsman has witnessed both, cases of Roma
children that had difficulties to integrate in social life of the institution as well as others who
were very successfully accepted and included.
One form of discrimination that takes place due to systemic / structural shortcomings, is the
refusal of many institutions to accept placement of children with very disruptive behaviour
or from damaged social environments (especially Roma children living in camps or in poor
housing and health conditions), as well as children with severe or multiple disabilities. So in
fact these children are excluded mostly because the existing institutions are not adequately
staffed and specialised to deal with their particular needs.
Children with chronic illnesses and disabilities may experience systemic discrimination by
the very nature of the institutions in which they are placed. They are treated as “patients”
rather than as children – subjects of rights. Also, a distinctive behaviour within these
institutions is that children with more severe illnesses and disabilities often do not
participate in educational or recreational activities, due to inadequacy of staff that is needed
to move them, while other children who have autonomy in their movement can participate
in them.
In his recent report on the living conditions in the Residential Centre (KEPEP) of Lechena,
the Ombudsman claimed that the inability of the institution to respond successfully to
children’s needs and the lack of adequate staff ended up to the adoption of practices such as
tying their hands in bed or confining them in “caged” beds. This was claimed to be a severe
form of discrimination and violation of children’s human rights.

Are there certain categories of children who end up in institutions more than others?
Children of extremely poor families and children with severe disabilities may end up more
easily in institutions, if their families are unable to cope with their special needs or when
there is a combination of ascertainment of poverty and neglect or abuse. The Ombudsman
has found that a considerable number of children with disabilities living in institutions
could have stayed with their families or placed in foster care, if a better system of daily care
and family support existed around the country.
5. RESPONSIBILITIES OF PARENTS
(Convention of the Rights of the Child, art. 5 and 18)

Once the child is placed, do the parents have any possibility to stay involved in the education of
their child?
Parents’ involvement in the child’s education depends on the conditions of the child’s
placement at the institution. In cases when the child is placed by an order of the prosecutor
of minors, which cites explicitly that the parents’ custody rights and contact with the child
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should be restricted, parents’ involvement in current issues concerning the child is not
possible. Although, normally, a court decision should follow in all cases determining issues
related to custody and parental rights, in practice, often, the prosecutor’s order is not
followed by a court hearing. In general, unless there is a prosecutor’s order or a court
decision to the contrary, parents are able to remain involved in decisions concerning their
child, including the child’s education, if they wish. However, in practice, it often does not
happen, either for reasons of their own (because of distance or of other problems) or because
of the institution’s policy.

Are the parents involved in important choices and decisions such as schooling, medical care or
therapeutic treatment, religion…?
In most cases, parents do not participate in choices and decisions concerning their child,
following the child’s placement, especially in cases when the child has been placed at the
institution by an order of the prosecutor. In making important decisions, institutions are
usually guided by considerations about the child’s best interest, while in some cases they
may turn to the prosecutor for minors for guidance. At times, institutions have asked the
opinion of the Children’s Ombudsman, in order to decide about the best course of action.
Representatives of institutions, especially of institutions for children with disabilities, report
that parents are invited to co-operate with social workers and participate in decisions
concerning their children, but often they do not respond. Some institutions claim that they
make significant effort to keep parents informed about the needs and progress of their
children.

What measures are taken to keep the parent-child relationship as intact as possible or support to
improve it, given the fact that this relationship is already quite disturbed by the placement itself
and the context for which the placement was needed?
In cases when the parent has applied him/herself for the child’s placement, either directly
or through a social service, the child’s contact with the parent depends on the parent as well
as on the policy of the particular institution. The social services of the institutions have the
task to collaborate with parents and to support their relations with their children.
Although at present the tendency is to involve parents as much as possible in issues
related to the children’s upbringing, the parents’ degree of involvement depends on the
practices adopted by each institution as well as on the ability of the institution’s social
service to provide support for the maintenance and improvement of this relationship. The
provision of a stable framework for co-operation with parents with a view to maintaining or
improving the child’s relationship with the family is often not possible, due to inadequacy
of staff, as well as to the lack of regulations specifying the obligations of social services. As a
consequence, co-operation with the parents depends to a great extent on the availability of
staff and on the attitudes of the management in each institution.
The parents of children are placed in residential care are usually unable to undertake
their care. As a consequence, they are rarely capable of staying involved in a consistent
manner in matters related to the children’s education, health, religious activities etc.
However, in many cases, children spend weekends or holidays with their families, or
parents accompany their children if they need hospital treatment or participate in decisions
concerning their treatment.
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The problems seems much greater in cases of children with chronic illness or disability,
very few of which maintain regular contact with their family.

Is there any work done with the family, while the child is placed?
It is not common to provide regular support to the family following a child’s placement in
residential care. Co-operation depends on each institution, however, it may not be claimed
that there is an organized program of co-operation with each family. One of the arguments
put forward is shortage of staff in social services.
6. FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
(Convention of the Rights of the Child, art. 14)
- Are children allowed to practice their religion on a regular basis?
The vast majority of Greek citizens are orthodox Christians. As a result, public child
care institutions promote religious practices mainly of orthodox Christian children;
concerning children of other religions, the Children Ombudsman has not noticed negative
attitudes on behalf of institutions. However it has not even positive actions promoting the
practice of other religions either, such as organizing a special place for prayer for Muslim
children.
Some childcare institutions of the church or of the voluntary sector have a strict
Christian orientation, and it seems clear that children of other religions would have
difficulties in practicing their religion and would experience strong cultural conflicts.
However, normally, such institutions accept only Christian children.
The Children Ombudsman has dealt with cases in which the Christian orientation of
some state institutions has triggered reactions on the part of the Muslim Community in the
area of Thrace, in relation to Muslim children placed in such institutions without adequate
provisions for practicing their religion on a regular basis.
In the 2007 Annual Report, the Children Ombudsman has proposed the introduction of
special provisions for Muslim children in childcare institutions located in Thrace, an area
with a high percentage of Muslim population.
Finally, the right of freedom of thought, consciousness and religion is violated in
some private or church institutions, through imposing a strict programme of participation in
religious ceremonies and practices, without considering and respecting the opinion of the
children.

Are there any practical arrangements allowed for specific rules on clothing, dietary restrictions
(halal, vegetarian…) and such?
The Ombudsman has not dealt with cases of violation of the right of children of particular
religious minorities to have practical arrangements in accordance with their religions. On
the other hand, strict rules imposed by some religious institutions seem to violate the right
of children placed in them, to have their own choices of religion, consciousness and relevant
practices.
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7. PARTICIPATION
(Convention of the Rights of the Child, art. 9, 12, 13 and 15)

Do the children have any say in the placement decision? Are they being questioned or heard and
if so, by whom?
When the prosecutor for minors decides the placement of a child at a residential care
institution, the child is usually informed about it either by the prosecutor or by the social
worker in charge of the case. However, the Ombudsman has noted cases in which the
children’s opinion about their placement was not asked at any stage.
The Ombudsman believes that the involvement of social services and specially trained
professionals in judicial procedures concerning children is necessary to facilitate effective
communication with children.

Are children previously informed on the reasons and the arrangements of the placement and on
their possible access to (legal) support systems, complaint mechanisms?
In the majority of cases children are not informed on these issues prior to placement.
Unfortunately, access to legal support and complaint mechanisms are not available to
children in residential care.

Is there any form of organised participation in the institutions? Can children be part of
a participatory body within the institution?
Legislation on the operation of the Centres for Child Care [a large category of state
residential care homes for children] states that children’s preferences on clothing should be
taken into consideration, without specifying a procedure for it. It also includes provisions
for children requesting permission for outings. It states that representatives of the children
should participate in decisions concerning the menu and the daily schedule, and that
children should be questioned about any changes in the schedule. It provides for the
operation of groups of children, aiming at the development of their personality,
representation, developing awareness about their rights etc. Finally, it provides that, prior
the imposition of any punishment or disciplinary measures, the views of the child
concerned as well as the opinion of representatives of the children should be heard.
However, organized participation of the children in issues that concern them on a regular
basis depends on the policies and practices adopted by each institution. In some institutions,
there are regular meetings of the children accommodated and members of staff or of the
management committee. However, this practice is not followed by all institutions, while in
some cases it is followed only in relation to specific issues (e.g. participation of the children
in decisions about the weekly menu).
In general, children’s opinion in relation to issues that concern them is often heard,
although usually not to a sufficient degree. The Ombudsman has realized that the majority
of the institutions operate on the basis of traditional and often outdated principles
concerning children’s participation in decision making.
In recent years, some child care institutions make efforts to train their staff and encourage
the children accommodated to participate actively in decision making on a regular basis.
Such examples have been recorded in some residential child care projects the Ombudsman
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has visited, such as SOS Children’s Villages, Smile of the Child, Zanneio, Hatzikyriakeio, the
Society for Care of Minors, Melissa, etc.
In relation to children with disabilities, participation is even less developed. The
Ombudsman believes that training of staff in methods of communicating with specific
groups of children, as well as changes in attitudes are required.

When reviewed (see art. 25) is the child involved in any way?
There is no legal requirement for reviewing the child’s placement on a regular basis as
required by the CRC, and therefore this issue does not arise. The children are being
questioned and heard in relation to adoption or placement in foster care.

Do they have any input in their individual educational plan?
Special legislative provisions about an individual educational plan exist only in relation to
children with special educational needs. Even in these cases, these provisions are often not
implemented whether in regular or in special schools. However, the law provides that each
child in residential care should receive appropriate education according to its needs and
inclinations, as well as appropriate assistance by the staff in studying or preparing
homework for school . In this context, there may be some possibility of participation of the
child.
8. INFORMATION
(Convention of the Rights of the Child, art. 13)

Do children know beforehand what is about to happen?
The degree of information provided to children accommodated in residential care
institutions depends to a great extent on the institution’s policy on children’s participation
in issues that concern them, as well as on the adequacy of staff.

Is there a (legal) obligation e.g. for professionals to explain them what the placement is for, how
long it will last, what it will be like etc?
There is no special provision of legislation concerning the obligations of professionals to
provide information to children, or an update on their situation, apart from the right
introduced by the CRC and some general statements on rights. In the Policy Statement of
the Centres for Childcare, it is stated that social workers have an obligation to provide
support to children who have been removed from their family environment, to assist them
in adjusting to life at the institution and to address any social problem that concerns them.
However, there is no explicit mention of an obligation to inform children. In practice,
updated information is not usually provided to children in residential care on a regular
basis.

Are the children informed about the daily life arrangements of the institution?
In practice, the Children Ombudsman has noted that children receive adequate information
only in cases when institutions are staffed by an adequate number of appropriately trained
13
professionals (social workers, psychologists, childcare workers). This is rarely the case in
Greek institutions.

Are they informed about their rights and possibilities for complaints?
Children are not normally informed about possibilities for complaints, as there is no official
complaints procedure, apart from their possibility to complaint to the Children’s
Ombudsman. During his visits in institutions the Ombudsman informes children, but there
have been only very limited cases that children have actually used this mechanism.
-
Do the children have any access to their dossier and the programme (individual educational
plan) that is or will be designed for them?
There is no official policy or explicit provisions concerning children’s right of access to their
files. In practice, access to the content of the files depends on the views and attitudes of
management and of the staff of each institution.
.
 Do the children have free access to the media (press, TV, internet…) during their stay in the
institution?
Children have usually access to television, subject to some restrictions. In relation to the
internet, in most institutions children’s access is subject to strict rules and restrictions, or
even prohibited altogether. This is mainly due to fears concerning the risks related to
internet use and absence of staff with adequate training to provide appropriate supervision
and guidance to children in order to ensure safe internet use.
9. PRIVACY - CONTACT WITH FAMILY
(Convention of the Rights of the Child, art. 16)





Is there a (degree of) protection of the child’s privacy?
Can the child keep its personal belongings, diary, mobile phone, clothing etc?
Does the child have free access to internet and other media?
Can the child freely receive personal mail, gifts etc? Is there any control on that?
Do the children have some kind of private space to relax, to study…?
Protection of children’s privacy is one of the greatest problems in residential care for
children in Greece. Despite some progress in recent years and growing concern on the part
of management and professionals about issues related to children’s privacy, there are still
institutions in which children are not able to maintain personal belongings or keep their
belongings separately. It is often not possible for children or adolescents to secure any kind
of private space when they need it. Policies of different institutions on respecting people’s
privacy concerning mail, gifts and other forms contact with persons outside the institution
vary widely. In general, the right to privacy is recognized more in relation to adolescents
rather than younger children. However the dominant attitude in most institution is one of
14
control and ensuring children’s safety rather than respecting their personal belongings or
their privacy.

What measures are taken to allow the child to stay in touch with family and friends? (Support
when children are placed for a long time, or far away from home…)

Are the children allowed to contact their parents whenever they may feel the need to do so?
According to legislation on the operation of Centres for Child Care, visits by parents,
relatives and friends of the family should be encouraged. Parents or the child may request
permission for the child to visit and spend some time with the family. Also, in some cases,
relatives visiting a child may be allowed to stay at the institution. Social workers are obliged
to promote children’s contact with their family and their future re-integration within the
family environment.
In practice, the policies of institution concerning contact and communication of children
with parents, relatives and friends vary widely, although in theory the right of the child to
maintain contact with the family is recognized. It should be noted that in many institutions
the dominant attitude is that if a child has been removed from the family by an order of the
prosecutor, contact and communication with the family should not be encouraged.
A problem mentioned to the Child’s Ombudsman by children living in institutions is
that they are not allowed to have visitors, especially if they are persons of the opposite sex.
The Child’s Ombudsman has realized that visits from friends of the children are more
regular in institutions where there are trained professionals (social workers, psychologists
etc. ) amongst the staff. The Ombudsman has also discussed with children the issue of
informing their friends at school about where they live. He has realized that in cases when
there is no adequate support from the staff of the institution, children often prefer not to
reveal their situation, as they are afraid they may be stigmatized and discriminated against.

Can children refuse to have family visit them?
In practice children are allowed to refuse family visit them. Their refusal is dealt by the staff
in collaboration with the management of the institution.

Is it allowed to use restriction of contact with family as a sanction?
Officially, such restriction is not allowed to be used as sanction .

Are there any regulations protecting the child’s privacy vis-à-vis the media?
Institutions are obliged to comply with existing legislation. Children’s privacy is therefore
protected by the general legislative framework, concerning protection of children from
exposure to the media. The Child’s Ombudsman has deal with complaints related to
publication of personal information or data of children accommodated in institutions in
television or newspapers. The Ombudsman has issued a special announcement on this
topic, and requested imposition of sanctions to newspapers publicizing personal stories of
children accommodated in institutions.

Are there regulations or professional codes of conduct on confidentiality for personnel or
regarding the child’s dossier, treatment information, follow-up etc?
15
Concerning access of third parties to files or information about children in residential care,
the legislation concerning the public “Centres for Childcare” –in fact relating only to 12
institutions- , states that the all information the staff has access to on account of their
position at the institution is confidential.
In cases when there is no explicit mention of the issue in legislation concerning childcare
institutions, the provisions of legislation on protection of personal data apply.
Professional codes of conduct cite explicitly the duty of professionals (social workers,
psychologists etc,) to treat information concerning their clients as confidential and protect
their personal data from access by any unauthorized third parties.
In practice, usually there is no mention of confidentiality on the directions given to staff by
the management in childcare institutions, or to the management of institutions by
supervising bodies. In many institutions of the private sector, there is no mention of
confidentiality in the internal policy statement of the institution and there is no clearly
stated obligation of staff to protect the children’s personal data at all times. Problems arise in
relation to parents’ right of access to files. Especially problems are noted in cases of children
that have been placed in institution by an order of the prosecutor, without, however, an
explicit prohibition on the parent to be informed about issues concerning the child. The
Children’s Ombudsman believes that the institution should maintain the right to refuse
access to files to parents, in cases when this is judged to be in the best interest of the child, in
accordance with the CRC.

Are there specific regulations for the placement of siblings (e.g. in order not to separate them)?
There are no clear regulations for the placement of siblings, which ensure that siblings,
especially siblings of different sex, are not separated. However, in practice, the importance
of not separating siblings is recognized by the social workers involved in the placement and
by childcare institutions, and efforts are being made to avoid separation, whenever possible.
At times when this is not possible, as many institutions accept only boys or girls, siblings are
separated, but efforts are made to facilitate ongoing contact and communication.
10. VIOLENCE
(Convention of the Rights of the Child, art. 19, 34, 36 and 37)

Are there any specific rules on the prohibition of violence or abuse within the institutions (next
to general criminal law provisions)? Do these apply to both situations of violence by the staff and by
other children in the institution?
Physical violence by the staff towards the children is strictly forbidden in all childcare
institutions. Children are expected to behave decently towards others, including their peers,
at all occasions. However, it is questionable to what extent monitoring and support
mechanisms are in place to prevent incidents of violence, whether by members of staff or
amongst the children, or to protect the children effectively whenever such behaviours
appear.

Is there an explicit policy on the use of force or violence in the disciplining system within the
institutions? On inhumane or degrading punishment?
16
Concerning disciplinary measures, in the legislation on the Centres for Childcare it is
explicitly stated that physical punishment or deprivation of food as punishment, are strictly
prohibited. In practice, the absence of an adequate mechanism for monitoring the
implementation of this prohibition allows, on occasions, violations that may not easily be
noticed or addressed by management or by supervising bodies.

Is there a vetting system for all personnel? Or other checks?
Personell is checked by the management of every institutions, and in case of complaints by
the supervising authorities.

Is there a procedure to avoid any form of neglect or violence or to act against situations of
neglect or violence?
There is no protocol or a clear procedure ensuring that children in childcare institutions are
protected from neglect or violence on all occasions, or that situations of neglect or violence
are dealt with effectively once identified. Especially in institutions for children with
disabilities, situations of neglect or violence are particularly difficult to identify and address.

Is there an explicit system of coercive and disciplinary measures? Does it contain clear
regulations on situations when some form of coercion could be allowed to protect the integrity of the
child, other children or personnel (such as isolation, separation)? Is there any control on the
implementation of these disciplinary measures?
Legislation concerning the Centres for Childcare includes provisions on disciplinary
measures, such as reproaching a child for unacceptable behaviour in private or in the
presence of other children, cancelling an outing, confronting the child’s behaviour by the
manager in the presence of staff members and finally, expelling the child from the centre.
There are no explicit provisions concerning coercive measures. There is no clear framework
for the control of the implementation of disciplinary measures.
11. TYPES OF INSTITUTIONAL CARE - FOSTER CARE – MONITORING - DATA
(Convention of the Rights of the Child, art. 20 and 25)

How is the institutional care monitored and inspected? Frequency, quality requirements,
conformity with the law and the Convention of the Rights of the Child…?
.
The inspection and monitoring of residential care institutions of the public sector is a
responsibility of the local Health Authority of the Ministry of Health as well as by a special
Body of Inspectors of Health and Welfare Services (SEYYP), which is directly accountable to
the Minister of Health. However there are no clear guidelines or an obligation of inspecting
bodies to conduct inspections on a regular basis. Furthermore, there is notable absence of
national guidelines and quality standards and requirements for the operation of childcare
17
institutions. Inspection and monitoring of institutional care, on the whole, does not always
guarantee conformity of the care provided with the requirements of the CRC.
Institutions of the private sector may also be inspected by the Body of Inspectors of Health
and Welfare Services. There is also provision for on-going monitoring of the quality of care
provided by these institutions by a “Social Councellor” [usually a social worker], appointed
by district local authorities. This system of inspection however is implemented inadequately
or ineffectively in most cases.

Are there periodical visits by social workers or other competent bodies; who were involved in
the placement decision?
Social workers involved in the placement decision some times visit the child in the
institution on their own initiative, especially at the early stages of the placements. There is
no provision for regular visits and on-going monitoring of the child’s progress following its
placement at an institution by social workers from community services or other competent
bodies.

Do children in foster care have another status than children in institutional care? Do they
enjoy more or less of their rights?
Children in foster care have a different status than children living in institutions, as there is
one specific person or couple who have the responsibility of their everyday care, while this
does not happen with children placed in residential institutions. Foster families are
supervised and supported usually by the social services of the institution, where the child
was placed before being moved to foster care.
Foster care is extremely under-developed in Greece. Institutional care remains by far the
most dominant form of alternative care for children, including children of very young age.
Foster placements are very few in number, while the average length of stay of children in
residential care amounts around 7 years.
Foster care programmes in Greece are implemented through a limited number of residential
care institutions, which lack the staff and resources to develop their programs, and monitor
the progress of foster care placements. Other problems relate to notable absence of
community social services responsible for supporting foster families and monitoring the
progress of placements, lack of adequate specialized training of social workers, lack of
public awareness in the community as well as of procedures for identifying and training
potential foster parents, severe shortages in funding and resources etc.

How and by whom is the assessment of the child’s needs made? In how far the child’s
background is considered in making the choice between different care systems?
The assessment of a child’s needs and progress is made be social workers or other
professionals within the institution. There are no guidelines concerning the assessment.
Although the child’s background may be taken into account by individual professionals, the
choice between different care systems is generally extremely limited and therefore decisions
are usually determined by the availability of resources.
18

Are their several forms of institutional care, considering the different needs, level of
comprehension and age of children?
There are two main categories of childcare institutions, institutions for “healthy” children,
and institutions for children with chronic illness or disabilities (mainly mental disabilities).
In practice the latter accommodate mainly children with very severe disabilities, while the
first category of institutions increasingly tends to accept children with mild health issues
and disabilities as well. There are also some projects for unaccompanied minor refugees.
In relation to age, some institutions accommodate children of particular age categories (e.g
pre-school age, children aged 5-12, or adolescents), while others accept children of all ages
that usually remain in them until they reach adulthood.
Unfortunately, there is a notable absence of residential projects providing a therapeutic
program and the required level of support to adolescents with behavioral or severe
emotional problems, drug related problems or juvenile offenders. The Children’s
Ombudsman has repeatedly pointed out that this constitutes an important gap in service
provision for children. A residential therapeutic project for adolescents with challenging
behaviour was initiated by SOS Children’s Villages, however, subsequently its operation
was not supported adequately and, as a result, it closed down after two years of operation.
Adolescents with emotional or behavioral problems who lack a suitable family environment
are often referred and admitted to psychiatric units for treatment, but there are no suitable
residential projects to undertake their care, following discharge. The Child’s Ombudsman
has dealt with a number of complaints related to this issued and has realized an urgent need
for specialized therapeutic residential projects to address the needs of children and
adolescents with mental health difficulties or behavioural problems. A special report on this
topic was issued in 2005.

Are different categories of children (age, children in conflict with the law, refugee children…)
placed in separate institutions or can they be placed together?
There are no special residential care projects for children and adolescents in conflict
with the law, although there is an identified need for special provisions for this category as
well as for other categories of children who need a high level of support. The Ombudsman
has made a proposal for the establishment of homes/shelters especially for young offenders
and young persons with severe behavioural problems, with a specific socio-pedagogic
programme, responding to their needs.
Concerning refugee children, the Ombudsman has found that, despite the great
increase in the number of unaccompanied minors in Greece, the majority of existing projects
for their reception, accommodation and support depend on EU funding, which renders the
services both by public agencies and by NGO’s uncertain and unstable. Some of these
projects remain without staff for varying periods of time and, as a result are unable to
provide accommodation and other services. Nowadays there are around 9 such centres,
both public and private, accommodating up to 350 minors.

Is there a periodic review of the placement decision and of the conditions of the placement? By
whom?
19
There are no provisions for a periodic review of the decision of the placement of the child in
residential care and of the conditions of the placement. However, if conditions in the child’s
family or other circumstances change, the placement may be reviewed by the prosecutor for
minors in co-operation with the social service in charge of assessing the child’s and family’s
circumstances. While the law dictates that a court decision for the placement of a disabled
child at a special institution is valid for 6 months, and then has to be reviewed, this is not
applied in practice.
12. HEALTH
(Convention of the Rights of the Child, art. 24)

Is access to medical care guaranteed during the placement?
According to the law, medical care should be provided to all children during their
placement in residential care.

Do the institutions provide medical care within the institution?
In many public institutions for children with chronic illnesses/disabilities there is a
provision for the post of a pediatrician. However, in practice, these posts often remain
vacant. As a result there is no regular provision of medical care within the institutions and
children have to be transported to nearby hospitals or health centres in order to receive the
required medical care.
In some of these institutions visited by the Children’s Ombudsman, there were regular visits
by doctors of nearby hospitals on a volunteer basis, or there were doctors employed on a
part time basis. However, provision of medical care was still inadequate, due to the multiple
and complex health problems faced by many of the children accommodated in these
institutions. Another important problem seems to be the absence within institutions of
specialist doctors, such as neurologists, child-psychiatrists, dentists etc, due to the increased
needs of these children for regular as well as preventive health care, which is not available
by local community or hospital services either.
 Are the children allowed a doctor of their choice?
No.

Are the children allowed to take the initiative to see a doctor or medical service?
There are no specific provisions to ensure a child’s right to take such an initiative. If a child
has the ability and maturity to make such a request, the response depends on the
management and staff of the institution.
 Is any mental health care or therapeutic care provided or accessible for the children to improve
and maintain their wellbeing?
20
Mental health care or therapeutic care to children accommodated in institutions is usually
provided by community mental health services for children and adolescents, on an
outpatient basis. The degree of utilization of such community resources depends on the
management and the staff of each institution. However, in many areas of Greece where
child care institutions are located, such community services do not exist at all, and children
may have to travel to the nearest public mental health service, accompanied by staff, if an
assessment by a psychologist or child psychiatrist is required. Regular co-operation for
therapeutic purposes is not usually possible is such cases.
Some institutions employ psychologists to provide on-going support and improve the
wellbeing of the children they accommodate. However, in most cases, there is severe
shortage of staff and complete absence of professionals specialized in mental health
amongst the existing staff. As a result, children’s mental health needs are not met
adequately.
Appropriate and adequate mental health care is not usually available in institutions for
children with chronic illnesses or disabilities. In cases of children with disabilities who
require special treatments (eg. physiotherapy, speech therapy, occupational therapy), these
are not usually available within the institutions to all children who need them, due to
shortage of specialized staff and resources. As a result, on-going treatment is often provided
only to children whose condition is considered likely to improve, rather than to children
with severe disabilities in order to prevent deterioration.
Also, the Children’s Ombudsman has realized that child care institutions often face extreme
difficulties in dealing with the needs of children and – especially- adolescents in crisis or
with mental health problems, severe emotional difficulties or behavioural problems, as the
staff lack appropriate training and skills. There is severe shortage of specialized therapeutic
residential projects providing appropriate mental health care for these categories of children
and adolescents.

Can the children rely on the professional secrecy?
Professional secrecy and confidentiality is regulated by law and in particular by the Code of
medical ethics (Law 3481/2005), the code of psychologists, etc. In general one could say that
children can rely on professional secrecy. However, in a few cases children in institutions
have complained to the Ombudsman that they did not trust members of staff, especially if
they were new, because they feared that they would give up their secrets to the
management of the institution.
13. SOCIAL SECURITY
(Convention of the Rights of the Child, art. 26)

Are there arrangements for the child to receive any social benefit, while in placement?
Children in residential care are covered by their’ parents social insurance. Children with
disabilities in residential care are eligible for 50% of social benefit for severe disability. In
some cases, parents withhold the welfare benefits that aim at supporting families who care
for disabled children. Children whose parents do not have social insurance or whose
parents have abandoned them are eligible for health insurance via the social welfare system.
In both cases – whether insured through their parents or through the social welfare system –
children in residential care rarely enjoy their welfare rights in full. For example, children
21
with disabilities in residential care often do not have wheelchairs or do not benefit from
various other provisions of welfare legislation.
.

Does the child receive any pocket money?
Children over 6years old in public childcare institutions receive pocket money. According to
legislation of 2001, children should receive pocket money on a regular basis, according to
their age, as well as on special occasions (e.g. birthday). The Ombudsman has noted cases of
deprivation of pocket money as a punishment, although there is no such provision in the
law. Institutions of the voluntary sector do not have an obligation to give pocket money to
the children on a regular basis, however many of them do.
14. EDUCATION
(Convention of the Rights of the Child, art. 28 and 29)

Do children continue their education in the same school as before the placement?

Can children continue the same level of education? Do they have the same choices like children
living at home?

Do they get education within the institution or outside?
In most cases, children are not able to continue their education in the same school as
before the placement, as institutions are usually located at a different area from the child’s
previous residence. However, normally they can continue the same level of education, in the
local school and enjoy the same rights and choices like other children.
In some cases of institutions for children with disabilities there are special schools
operating within the institution itself. In some cases, the Children’s Ombudsman has noted
that some children with severe disabilities do not attend school at all, despite the provisions
of the law, due to inability of schools to address their special educational needs. Institutions
rarely utilize the possibility of provision of home schooling for children on special occasions
Public institutions are obliged by law to provide to children additional educational support,
according to their needs. In practice, this provision is subject to the resources available to
each institution.
An important problem the Ombudsman has noted during visits in institutions for
children without disabilities is that several of them were attending special schools, although
they did not have severe learning difficulties. This is due to inadequate assessment of their
abilities, or because of school difficulties related to previous emotional and environmental
deprivation, which were not addressed by utilizing available means of providing
educational support in general schools.
Finally, the Children Ombudsman has noted the serious issue of school registration and
attendance of unaccompanied minor refugees, who could not attend secondary education
but could not be accepted to primary education either due to their age. Following an
intervention of the Ombudsman, the Ministry of Education issued a circular defining a
framework for the school attendance of these children, through the creation of special
“reception classes” in schools located near the institutions accommodating young refugees.
15. LEISURE
(Convention of the Rights of the Child, art. 31)
22

How can children enjoy their free time? Can they decide freely what to do in their spare time?
Children’s opportunities to engage in various activities during their free time depend on
the conditions and the availability of staff and resources in each institution. In general, in
institutions with adequate staffing children have more choices in terms of outings and
activities, in accordance with their age, and their wishes and preferences are more likely
to be taken into account. Concerning children with severe disabilities, it is questionable
whether they are offered any opportunities for outings and entertainment on a regular
basis, or whether their preferences are taken into account.

Can children continue their leisure activities the way they did before the placement? (In their
own sport clubs, art or music academy or other?)
In general, children in residential care are subject to more restrictions compared to children
living with their families. Especially in some institutions run by the church, or in which
more traditional attitudes are dominant, entertainment and activities are much more
controlled and restricted. There is no guarantee that children can continue their leisure
activities the way they did before, although in some institutions they may be encouraged to
do so. Concerning the pariticipation in art or music classes, institutions are not always able
or willing to cover the cost.

Are the children offered a combination of meaningful and relaxing leisure activities, related to
their age and interests?
It depends on the institution’s orientation, resources and policies on the matter. In
discussions with the Child’s Ombudsman, during his visits to institutions, many adolescents
express dissatisfaction with restrictions in outings and participation in parties or community
activities, or restrictions in visits from friends from school or from the community.
16. LEGAL AID AND SUPPORT

Is there a possibility or a right for the child to get legal aid throughout the placement procedure?
No. The lack of provision for free legal aid to children throughout the placement procedure
is a severe deficiency of the system of child care and protection in Greece. The law provides
for a possibility of a child to have a legal representative in court proceedings, but usually the
decision is made by a prosecutor’s order or parents’ decision, in which lawyers are not
involved.

Do the children have access to legal aid during their stay in the institution?
Unfortunately legal aid is not provided to children in residential care, with the exception of
some institutions that accommodate unaccompanied minors refugees.
The Child’s Ombudsman has at times offered information and directions to representatives
of institutions in relation to legal issues concerning the children, due to lack of availability of
legal services to the institution as a whole. For instance, in the case of a girl who had
suffered sexual abuse within the family and experienced extreme stress as she did not wish
23
to testify in court against members of her family, the manager of the institution and the girl
concerned were informed by the Child’s Ombudsman about the provisions in the law,
according to which she could avoid testifying in court.

Does any type of legal guardian have a role in the placement procedure?
According to the las, the prosecutor of minors acts as a “temporary legal guardian” of
unaccompanied children that may be placed in an institution. Otherwise there is no other
type of legal guardian involved in placement procedures.

Is there any system of support persons, on which the children can rely on?
Volunteers are support persons for children. The involvement of volunteers depends on
the degree of interaction between each institution and the local community. In most cases
this involvement is not regular and is not governed by a specific set of guidelines or rules
of ethics.
17. COMPLAINTS



Are there any complaints procedures in place and known by the placed children?
Is, and if so how, your office involved in these complaint systems?
Is the complaint procedure effective? Do children in institutional care use it?
Although in principle the placed children may address a complaint to the management of
the institution or competent bodies of the Ministry of Health and Welfare, as well as to the
Child’s Ombudsmen, they are not usually informed in advance about their right to make a
complaint or about the procedures, nor are they reassured that making a complaint,
specially if it is directed against a staff member, will not have negative consequences for
them. In practice, there is no effective complaint procedure in place, and children’s right to
access to it is not safeguarded. The Child’s Ombudsman has received a small number of
complaints from children in residential care, following visits to the particular institutions.
18. DAILY LIFE

How are the daily life arrangements made? Age-based groups, big or small groups, boys-girls?
Issues concerning the daily life of children in residential care institutions are determined by
legislation as well as by each institution internal policy statement. Children are obliged to
follow a daily schedule, which may vary according to a child’s age, needs and interests.
Representatives of the children are supposed to participate in drawing this schedule. In
institutions of the voluntary sector, practices vary, according to the institution’s philosophy
and orientation.

Can children leave the premises when they wish to do so? Are they allowed to go out in their
spare time?
Leisure time and the time children are supposed to return to the institution are determined
by the daily schedule of every institution. In general, the Ombudsman has noted that
children are not encouraged to leave the premises. When they do, there is control and
24
limitations according to their age and maturity. In some institutions of the voluntary sector,
especially institutions of religious orientation, children’s outings and activities outside the
institution are subject to very strict control.

Is there a set timetable for activities (eating, bedtime, TV, cigarette breaks…) or is there a
margin of liberty for the children?
There is usually a daily schedule which children have to follow, according to each
institution’s regulations. However, usually there is usually some room for changes,
following negotiation, provided the overall operation of the institution is not disturbed.
19. INFRASTRUCTURE

Does the infrastructure provide for the children’s need for privacy, for meeting with each other,
for sports and leisure, for a healthy environment?
Living conditions in different residential care institutions vary. In many cases, buildings are
old and in need of refurbishing. In some cases, several children have to share a room. In
general the infrastructure does not usually take into account children’s need for privacy,
and does not correspond to their needs. In many institutions, especially in institutions for
children with disabilities, the infrastructure does not provide adequately for children’s
needs for privacy, for education, special treatments, sports, leisure and entertainment.

Are there any safety specific requirements (e.g. fire safety)?
Legislation on the safety requirements of buildings includes general provisions about safety
requirements for safety of buildings in which health and welfare services are provided.

Does the infrastructure meet the needs of children to adequate shelter, clean rooms, food and
drink, heating, fresh air etc?
The Ombudsman has not noted serious problems in terms of basic provisions, such as food,
drink, heating and hygiene. However, in many institutions the “institutional” element is
predominant. Bathrooms and showers may be located at a great distance from bedrooms,
while rooms for recreation and socializing are rarely adequately equipped and adjusted to
the needs of the children accommodated.
More serious problems are noted in institutions for children with chronic illness or
disability, due to the increased needs of children for support, and specialized care. The
shortage of staff in the vast majority of these institutions does not always guarantee
adequate conditions of hygiene or provision of adequate care to the children
accommodated. Bedrooms often resemble hospital wards, while toys or personal items are
usually not allowed, on account of the need to protect the children from the risk of
swallowing them.

Are institutions spread all over the country so that family visits do not become physically
impossible or that they can continue to go to the same school as before the placement?
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Residential care in Greece is based on a model of large institutions rather than of small
residential projects in the community. As a consequence, institutions are not evenly spread
all over the country and many children are placed at a great distance from their families,
which often makes it impossible to receive regular visits, or to maintain contact with friends
and relations. For the same reason, they are not able to continue to go to the same school as
before their placement.

Do the children have individual rooms and adequate furniture?
In general, children rarely have individual rooms, and furniture is usually minimal. The
number of children per room varies according to the size of the building and the number of
children accommodated. Some institutions are able to provide individual rooms to some of
the older adolescents, or young people over 18 whose stay is extended until they complete
their studies

Does the infrastructure meet the children’s sanitary needs and the necessary level of hygiene?
As mentioned above, there are problems and shortcomings regarding the infrastructure and
the provision of the necessary level of hygiene, in particular regarding institutions
accommodating children with disabilities.
20. POST PLACEMENT CARE

Is the child well prepared to return to the home situation?
There are no specific provisions or procedures that could guarantee that, in all cases,
children are well prepared to return to the home situation. In practice, therefore,
preparation depends on the efforts and skills of the staff, on the philosophy and policies of
each institution as well as on whether the conditions of the child’s return (e.g. a court order)
allows enough time for preparation.

Is there any follow-up after the child has left the institution?
In most cases, there is no systematic follow up when children leave the institution to return
to their families. Concerning children accommodated in the public Centres for Child Care,
according to provisions in the relevant legislation they may receive financial and emotional
support from the centres, until they complete their studies.
Despite the absence of an official national scale policy for the provision of aftercare to young
people living institutional care, most institutions have some policy in place for providing
continued support to children they accommodate, beyond the age of 18. This includes, in
many cases, allowing them to remain at the institution and covering their basic living
expenses until they complete their studies or until they are able to earn an income and live
independently.

Do most children return to their families or to other placement arrangements (e.g. independent
living, foster care…)
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In Greece, the majority of children placed in institutions remain in them for a long time.
Fostering, adoption or return to their families represent exceptions rather than the rule.
Most children removed from their families by an order by the prosecutor, remain in
institutions until they reach adulthood. Children with disabilities may remain at the same
institution they were placed for life, without any review of their situation or their living
conditions.
21. (TRAINING OF) PERSONNEL

Does the law provide a clear set of personnel requirements?
The law and the policy statements of public institutions include provisions for personnel
requirements. Legislation needs to be reviewed, as in many cases it is outdated and does not
conform to contemporary needs and approaches to childcare. In many institutions there is a
shortage of trained professionals. Many permanent staff posts remain vacant for long
periods or indefinitely. Concerning institutions of the voluntary sector or those belonging to
the church, there are no national scale standards for their overall operation as well as their
personnel. Employment of staff depends on the internal policy statement of each institution
as well as on its financial situation.
The Children’s Ombudsman has noted severe shortage of trained professionals in the
majority of childcare institutions he has visited. In many of them, the staff employed has no
training or any knowledge on childcare issues. There are even some care institutions
belonging to the Ministry of Justice, in which prison officers are employed as childcare
personnel! Another problem the Ombudsman has noted in certain public childcare
institutions concerns the employment of staff on fixed term contracts (of 8 months;
duration), which may not be renewed. As a result, the children accommodated experience
repeatedly the loss of persons they have formed bonds with, as well as lack of stability in
relation to their care.
The Ombudsman has also noted severe burn out in members of staff of many institutions,
especially institutions for children with disabilities. Ongoing training, support and
supervision are available to staff in very few institutions, while in many cases staff ignore
even the basic provisions of CRC or contemporary approaches to child development and
child care.

What are the main disciplines among personnel?
There are no national scale requirements concerning the disciplines among personnel or
their number, in child care institutions. Ιn most public institutions the main disciplines are
child care workers, social workers, and nursing staff and in some institutions, health visitors
and technical and administrative staff. The disciplines among personnel vary widely in
institutions of the voluntary sector, while in some of them, as well as in some institutions
run by the Church, there is a noted absence of trained professionals. In institutions for
children with disabilities the personnel includes a doctor, nurses and nursing assistants,
physiotherapists, occupational therapists, a social worker and, in some cases, a psychologist.

Is there a multidisciplinary approach in the institution?
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The existence of a multi-disciplinary team and, therefore, the implementation of a multidisciplinary approach is not always guaranteed in childcare institutions.
In some cases, however, co-operation among staff members of different disciplines in
addressing children’s needs may be positive and effective.

Is there any children's rights training required or offered?
There is no provision for systematic training on children’s rights. In some institutions the
management has undertaken the inititiative of organising information and training of their
staff.

Are there any non-professionals involved, such as volunteers?
In many institutions, there are volunteers offering various services, such as assisting
children with their home work or accompanying them to leisure activities. In some cases
they may offer financial assistance to the institution. Involvement of volunteers depends on
the flexibility of the management and the staff and on the links each institution has
developed with the local community. However, problems arise at times due to the lack of a
code of ethics for volunteers. At times the expressed preference of volunteers to certain
children may have negative effects on to other children that do not receive the same amount
of attention. In general, the Children’s Ombudsman has noted problems arising from the
absence of a clear framework of rules and regulations concerning the selection, supervision
and role of volunteers within childcare institutions. The Ombudsman has issued a set of
guidelines for the involvement of volunteers, following a visit to a particular private care
institution for children with disabilities in 2010.
22. ROLE OF CHILDREN’S OMBUDSPERSONS

Do you work with or for children in institutions, either directly (e.g. periodic consultations) or
indirectly (e.g. reviewing reports)?
The Children’s Ombudsman visits a significant number of childcare institutions every year.
Visits to date amount to more than 100. During his visits, the Ombudsman has meetings
with the children accommodated in the institution and asks about their views on issues that
concern them, as well as with members of the management and of the staff. Following
report of various problems, the Ombudsman has made interventions and proposals to the
management of the institutions in question and has addressed formal proposals to the
Ministry of Health and Social Solidarity.

Do you handle complaints from children in institutions?
The Ombudsman has handled several complaints by citizens, volunteers, or members of the
management or personnel of childcare institutions, as well as a small number of complaints
from children accommodated in them. Complaints the Ombudsman has dealt with include
reports of maltreatment of children, outdated methods applied to children’s upbringing
(especially in church institutions), issues concerning children’s contact with their parents,
problems related to legal documents, complaints by persons whose applications to foster or
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adopt children were rejected, reports of inadequate provision of care to children with
disabilities etc.

Has your office set up any projects with children in institutional care (consultation, research,
interviews…)? If so, please give a short impression of the results and what the office did with those
results.
The Children’s Ombudsman has addressed an invitation to adolescents who live in
residential care institution to declare their interest to participate in the Youth Advisory
Panel that has been in operation since January 2009. Four adolescents from residential care
institutions participated in the first Group. One of the Group meetings took place at the
premises of SOS Children’s Villages in Thessaloniki and other adolescents accommodated at
the project had the opportunity to participate as well. At the same time, there were social
activities in which all adolescents living at SOS Children’s Villages could participate (eg
evening outing at a school dance). One adolescent girl who is in residential care participates
in the present Youth Advisory Panel of the Ombudsman.

What is, or could be, the added value of ombudsfunctions in this area?
The Children’s Ombudsman’s regular contact with children of various ages living in
institutions has contributed to more accurate recording of issues of concern to them as well
as of their views and proposals for improving their daily lives. The Children’s
Ombudsman’s involvement is also a clear message to the Management and staff of
institutions that their practices are subject to inspection and control, as well as a powerful
message to children themselves that they are not powerless in relation to their carers and
that the State provides safeguards against violations of their rights.
23. WHAT WORKS?
Could you give examples of good practices in your country?
During its 8 years of operation, the Children’s Ombudsman has noted severe problems and
inadequacies in the field of residential child care. However, it has also identified examples
of good practices by several institutions and workers. Some examples of good practices in
institutions will be mentioned in brief, which however do not necessarily suggest that the
institutions themselves as a whole constitute examples of good practice in residential childe
care:
- Efforts by SOS Children’s Villages to implement in practice quality standards for children
(Quality 4 Children), by provision of training and supervision to personnel.
- The extremely positive atmosphere amongst the children, the staff and the volunteers at
the residential home of “Smile of the Child” in Corfu.
- The effective operation of a social service in which three social workers are employed on a
permanent basis, at “Hatzikyriakeion child care institution” in Piraeus.
- Efforts of “Melissa child care institution” in Thessaloniki to promote placement in foster
care of girls it accommodates, despite severe problems due to the inadequacies of the
existing legal and institutional framework.
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- Efforts to promote active participation in various social activities of unaccompanied
refugee minors accommodated at the shelter of the Association for Care of Minors in
Athens.
- Efforts by the Centre for Child Care in Ioannina to encourage and promote social
participation of the girls accommodated at the institution.
- Initiatives to develop links with the local community at the public institution “Agios
Andreas” in Calamaki, Athens, by organizing events and activities for children.
- the training programme for volunteers and potential foster parents offered at the Centre
for Infants “Mitera” in Athens.
- The utilization of private donations for the development of a model project on the
premises of the Centre for Rehabilitation of Disabled Children, in Voula.
- The development of a programme for volunteers and of links with the local community by
the social service of the public Treatment Centre for Children with Chronic Diseases in
Rhodes.
The list of examples of “good practices” cited above is not exhaustive. There may be several
other examples of such attempts by other institutions, which are not cited. However, we
have to point out that “good practices” to a great extent depend on individual initiatives
and on the motivation of members of the management, or the staff or of volunteers in
various institutions, despite the absence of an adequate framework for the regulation, the
promotion or the evaluation of such efforts.

Could you give examples of bad practices in your country?
The Children’s Ombudsman has issued three important reports on bad practices in
residential care institutions for children in Greece:
- A report on the institution “Agia Varvara”, concerning a programme for the care and
protection of street children, which was realized without appropriate planning and resulted
in a large number of children escaping from the institution.
- A report on an institution in Lasithi, Crete, which focused mainly on the severe shortage of
staff and its effects on the care provided to the children concerned. After the release of the
report of the Ombudsman, there was a recruitment of a number of professionals.
- A report on an institution for children with disabilities at Lechaina, focusing on shortage of
staff and on the implementation of inhumane methods of control and restriction in their
beds of children with severe mental disabilities and severe developmental disorders.
 Do you have any material on what children themselves have said about their placement
experiences? (Please include relevant references to internet sites, reports etc)
Please do not hesitate to add any relevant information that you may have that has not been questioned
here.
Important issues that have to be noted in relation to residential childcare is the need for
community services to prevent children’s placement in institutions, as well as
comprehensive planning to promote de-institutionalization of children already in residential
care. In relation to prevention, a range of policies and services providing support to children
and families in the community is required.
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24. Proposals of the Children's Ombudsman
Following the above responses to the questionnaire of ENOC, as well as summarizing the
recommendations that the Greek Children’s Ombudsman has made so far, in public
interventions, regarding the rights of children living in institutions, this report concludes to
the following proposals concerning the Greek institutional context:
- There is an urgent need for new legislation on the operation of all residential institutions,
covering both the public and the private sector, setting necessary structural and operational
specifications and quality standards, in accordance with the provisions of CRC. Particular
reference to the Convention should be made by this law.
- National standards should include concrete reference to minimum requirements for
appropriate and specialised staff, in accordance with the number of cared children and
their level of support needs. Staff should be employed on a long term basis to ensure
stability and continuity of care. Staffing requirements should also include specific reference
to a minimum number of qualified professionals of various disciplines.
- The employment of social workers among the personnel should be a requirement in all
childcare institutions, while all childcare workers should be adequately trained.
- The introduction of standards should be followed by the establishment of an adequate
system of regular inspection and monitoring of service provision, by competent bodies.
- A system of accreditation and provision of permits of operation should be established.
Institutions that are not accredited and do not fulfil minimum standards should not be
allowed to operate within the child care system.
- Reception and assessment centres should operate at least in the two biggest cities of
Greece (Athens, Thessaloniki), in which children’s needs should be assessed by multidisciplinary teams, followed by proposals for placement, according to their individual
needs.
- Institutional care has to be re-organized on a different model. Large institutions should be
replaced by small family-type units, providing different levels of support according to the
age and the support needs of the children accommodated.
- Institutions for children with disabilities and chronic illnesses should be also small units
(hosting up to 12 children), closely linked with the community, local schools and social
services.
- Special care provisions should be available for adolescents, allowing for their
accommodation in single or double rooms, considering their need for privacy.
- Provision of specialized therapeutic help and support to specific categories of children
who need it, such as children who have suffered abuse, children with disabilities or with
severe emotional difficulties, has to be guaranteed by legislation, both within residential
care institutions and in the community.
- Shelters and homes with a special socio-pedagogic therapeutic perspective should be
established for young offenders and adolescents with severe behavioural disorders.
- Foster care should be strengthened and implemented more widely. Particular changes in
the law and empowerment of social services, both in local communities and in institutions,
should allow foster placements as alternative to placement in institutional care, or soon after
this. An adequate system for the recruitment, selection, training and on-going support of
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foster parents as well as for regular reviews of foster placements by competent social
services should be introduced.
- The development of community social services providing ongoing monitoring of children
at risk and support to families that need it, is necessary to prevent removal of children from
their families, whenever possible. The development of day care centres and services that can
assist families in crisis management are essential.
- The law should clarify competences and responsibilities of institutions regarding issues
of parental custody and include specific provisions safeguarding parents’ involvement in
decisions concerning the well being of their children.
- There should be more concrete provisions in the law concerning the responsibilities of
institutions in cases when children are placed in care with their parents’ consent, or in cases
when the prosecutor’s order for the child’s placement does not explicitly prohibit parent’s
participation in decision making or the parent’s contact with the child. In cases when
parents have requested the child’s placement, they should be clearly informed that not all
responsibilities related to their custodial role are passed on to the institution, but only some
of them, which should be mentioned explicitly. At the same time, there should be an explicit
obligation and commitment on the part of the institution to inform the parents as well as to
invite them to participate in important decisions concerning the child’ s life (education,
health etc.).
- When parents neglect their duties and abandon their children, social services should
investigate the situation and provide support to them, in order to resume their parental
responsibilities or to maintain contact if this seems to be in the child’s best interest. In cases
of permanent inability of the parents to take care of the child, restriction or removal of
parental responsibility should proceed without undue delay, and foster placement or
adoption of the child should be carefully prepared, after assessment of its needs and best
interests.
- Every child that is being removed from its family should be offered free legal aid and
advice on handling its personal legal matters.
- Every institution should be obliged to have its own operating regulations or “house rules”
that should be established and reviewed if necessary, with the involvement of the
administration, staff and children.
- Specific guidelines should be issued to the management of all residential institutions,
regarding the implementation of Council of Europe Recommendations and UN guidelines
on the rights of children in residential care.
- Periodic reviews of children’s placement in institutions should become obligatory, in the
light of the need to promote their placement in foster care or family-type structures, or their
return to their natural families.
- Hearing and taking into account the views of children, as well as informing them on
issues that concern them in accordance with their age and degree of maturity, as dictated by
the CRC, should be introduced as an obligation of institutions by means of legislation
and/or special provision in their Policy Statements.
- Similar provisions should be introduced as well concerning the general right of children to
information, and to access to television and to the internet, under terms and conditions that
guarantee their safety all times.
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- Children with special educational needs who live in institutions should have access to
appropriate services for adequate assessment of their difficulties and needs, as well as to the
educational support required to enable them to attend school.
- Provisions for safeguarding children’s right to leisure activities should be included in the
statement of policy and regulations of all institutions. A minimal framework for these
activities should be defined (e.g. hours per week, types of activities etc.). This framework
should include provisions for covering the expenses for each child’s participation in at least
one sport and one art activity, according to the child’s interests and wishes.
- Legislative provisions should be introduced to ensure protection of children’s right to
privacy, to the protection of their personal data, to their right to communicate with their
parents, relatives and friends in the community. Provisions for sanctions for professionals
and members of the media that violate the right to privacy or personal data of children
accommodated in institutions should be introduced.
- The law on operation of childcare institutions should include provisions which secure the
children’s right to practice their religion, or to decide, in accordance with their age and
degree of maturity, if they wish to participate in religious ceremonies and practices within
the institution.
- Special attention is required to avoid any form of coercion, commonly imposed on
children with disabilities, especially mental disability (e.g. stranding, isolation), in public as
well as private institutions.
- Regular, appropriate training of the staff and managers of childcare institutions is
required, concerning children’s rights and in particular the protection of children from any
form of violence and the content, methodology and ethics of promoting participation of
children at all levels.
- Provisions explicitly prohibiting any form of violence or coercion should be introduced in
legislation, as well as to the policy statements of childcare institutions. A monitoring system
on the implementation of disciplinary measures needs to be introduced in all institutions,
which should include provision of information to children about their rights as well as an
independent complaints mechanism, safeguarding children’s rights from abuse during the
implementation of disciplinary measures.
- Complaints procedures should be introduced, as well as mechanisms to ensure that
children are protected and supported. They should also be informed about their right to use
the complaint procedure upon their arrival at the institution.
- The law on residential care institutions should include explicit reference to the Children’s
Ombudsman’s right to visit institutions of the public and the voluntary sector, with or
without prior planning, to inspect the premises and to hold meetings with children during
which personnel may or may not be present, depending on what the Ombudsman considers
to be in the children’s best interest in every occasion. At the same time, all children should
be informed about their right to make a complaint to the Children’s Ombudsman about
violations of their rights, in cases when do not get an adequate response upon reporting the
problem to the management and staff of the institution.
- It is important that existing practices and attitudes concerning long-term stay of children in
institutions change. Procedures for preparing children for leaving institutions need to be
introduced, whether they leave in order to return to their family of move on to independent
living. There is also a need for adequate provisions for follow-up and support of young
adults leaving institutional care.
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