Find the full judgement here.
W.S. was 16 years old when he arrived by himself in Greece seeking protection from the war in Afghanistan. With no family or access to social services in Athens, he was forced to sleep in parks across the city, exposing him to the cold winter weather and dangerous conditions. In response to his application, the European Court of Human Rights ordered Greece to immediately place W.S. in proper shelter. Instead, though, Greece placed him in “protective custody” in a police station in Athens where the conditions were so dire that he tried to harm himself.
Last week, the Court found that these conditions had violated W.S.’s human rights. In its decision, the Court emphasized that it has already found on numerous occasions that “protective custody” policies where young children are detained for days, sometimes longer, in police stations violate Article 3 of the Convention. The Court also stressed that Greece was well aware of W.S.’s situation and yet failed to take any action to protect and shelter him.
“The Court’s decision on this case is a welcome one. However, the Court is simply stating what advocates working in Greece have been saying for years: conditions for unaccompanied children in Greece are deplorable and both Greece and the EU must do more to protect young people seeking protection in Europe. This decision is a reminder that every child—no matter their race, nationality, or immigration status—deserves to live in safety and with dignity"
“This decision once again exposes the dire conditions unaccompanied children face in Greece and the EU and the profound impact detention can have on a young child. Unaccompanied Children are the most vulnerable persons in society – but their dignity is disregarded every day, not only in Greece. States must change”
W.S.’s story must serve as a reminder the EU does not need more detention and camps at its borders, but rather a greater commitment to protecting children and ensuring that they have a safe future in Europe. And yet the New Pact on Migration and Asylum threatens to radically increase the number of children who end up detained at the EU’s external borders.