CHILDREN IN THE MAVROVOUNI CAMP - A CONSIDERATION OF A POSSIBLE VIOLATION OF ARTICLE 3 ECHR MARCELLA HOLZ - DIVA
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Children in the Mavrovouni Camp
A Consideration of a Possible Violation of Article 3 ECHR
Marcella Holz
Human Rights
Bachelor Thesis
15 credits
Spring semester 2021
Supervisor: Lena KarlbrinkAbstract This thesis aims to define the scope of Article 3 ECHR, concerning children with traumas in registration and identification camps. The interpretation of the scope of Article 3 ECHR is based on a case study of the cases Khan v France and J.R. and Others v Greece. The result of the case study in conjunction with relevant legislation is applied to the Mavrovouni camp in Lesvos, Greece. The normative approach in this thesis is combined with hermeneutic analysis. The case study shows that inadequate housing conditions are unlikely to violate Article 3 ECHR. Nonetheless, the threshold of Article 3 ECHR is broader when children are subject to the conditions. Children are internationally recognized as more vulnerable, especially when they are traumatized. In conclusion, it is to say that a violation of Article 3 ECHR can be made out in the Mavrovouni camp concerning children that live in the camp. Keywords: Mavrovouni Camp, Kara Tepe, Mental health, Inhuman and Degrading Treatment Word Count: 13594
Table of Content
List of Abbreviations .................................................................................................... 5
I. Introduction ........................................................................................................ 1
1. Background ..................................................................................................................... 1
2. Aim and Research Question ............................................................................................ 3
3. Methodology ................................................................................................................... 4
3.1 Method..................................................................................................................... 5
3.2 Material ................................................................................................................... 6
4. Delimitation ..................................................................................................................... 7
II. Children in Camps ............................................................................................. 7
1. Refugee and Asylum-Seeking Children .......................................................................... 7
2. Greek Camps ................................................................................................................. 10
III. International Legal Framework ..................................................................... 12
1. International Covenant on Civil and Political Rights .................................................... 13
2. Convention Against Torture .......................................................................................... 14
3. Convention on the Rights of the Child .......................................................................... 15
4. Convention on the Status of Refugees........................................................................... 16
5. Article 3 ECHR ............................................................................................................. 16
IV. Jurisprudence ................................................................................................... 17
1. Khan v France ............................................................................................................... 17
2. J.R. and Others v Greece ............................................................................................... 18
V. Analysis ............................................................................................................. 20
1. The Merits ..................................................................................................................... 20
1.1 Merits in J.R. and Others v Greece ........................................................................ 20
1.2 Merits in Khan v France ........................................................................................ 22
2. Evaluation ...................................................................................................................... 23
2.1 Evaluation Khan v France ..................................................................................... 24
2.2 Evaluation J.R. and Others v Greece ..................................................................... 253. Scope of Article 3 ECHR .............................................................................................. 27
VI. The Mavrovouni Camp .................................................................................... 28
1. Conditions in the Mavrovouni Camp ............................................................................ 29
2. Scope of Article 3 ECHR in Mavrovouni Camp ........................................................... 31
2.1 Inhuman and Degrading Conditions in the Mavrovouni Camp .................................. 31
2.2 Children with Mental Health Issues and Traumas in the Mavrovouni Camp............. 33
VII. Conclusion ......................................................................................................... 36
Bibliography................................................................................................................ 38List of Abbreviations
CAT Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
CNCDH Commission nationale consultative des droits de l´Homme
CPT European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment
CRC Convention on the Rights of the Child
CSR Convention on the Status of Refugees/ Refugee Convention
ECRE European Council on Refugees and Exiles
ECHR European Convention on Human Rights
ECtHR European Court of Human Rights
EU European Union
GCR Greek Council for Refugees
ICCPR International Covenant on Civil and Political Rights
OHCHR UN Human Rights Committee
PTSD Post-traumatic stress disorder
RIC Reception and Identification Center
UNHCR United Nations Refugee Agency
UNICEF United Nations Children´s Fund
VCLT Vienna Convention on the Law of TreatiesI. Introduction
The southern European border states are since the peak of arriving refugees in 2015 challenged
with the numbers of people entering European territory. This creates crowded refugee camps
and reception and identification centers (RIC) in which basic rights as sanitation and health care
often cannot be guaranteed. Such conditions can be especially harmful to children who are
traumatized by previous life events. Further, it might entail a violation of the right to prohibition
from inhuman or degrading treatment.
1. Background
The United Nations High Commissioner for Refugees (UNHCR) claims that in 2020 worldwide
more than 26.3 million people were fleeing from their country of origin.1 Many refugees,
especially from African and Arab countries, aim to seek refugee status on European territory.
According to the 1951 Refugee Convention is “a refugee” an individual who is “unable or
unwilling to return to their country of origin owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group, or political
opinion.”2 Refugees are protected by the Refugee Convention. Contracting parties to the
convention must fulfill their obligation to offer such protection. In the years between 2014 and
2020, 5 571 300 million asylum applications have been lodged in Europe3. The peak of this
refugee movement towards Europe was in 2015. European media and politicians were fast to
call the occurrence “refugee crisis”. Nonetheless, the term “crisis” focuses on the negative
influence and additional work that European countries have with rising numbers of refugees –
and not “crisis” concerning the right violating and often life-threatening situations in the home
countries of the refugees. This created a shift of perception in the host states.4 Stigmatization,
growing right-wing political parties, and media discourses increased the repudiation of
European citizens towards incoming refugees.5
The European Council states that since 2015 the most irregular arrivals in Europe have
been recorded on the eastern route, which implies all irregular arrivals in Bulgaria, Cyprus, and
1
UNHCR, Figures at Glance, Global Trends, Forced Displacement in 2019, United Nations High Commissioner
for Refugee, June 2020, pp.2.
22
UNHCR, What is a Refugee?, The UN Refugee Agency, https://www.unhcr.org/what-is-a-refugee.html, last
accessed: 20.03.2021.
3
Asylum Statistics, Eurostat Statistics Explained, https://ec.europa.eu/eurostat/statistics-
explained/index.php/Asylum_statistics, last accessed: 15.04.2021.
4
A. Lems, K. Oester & S. Strasser, Children of the Crisis: Ethnographic perspectives on unaccompanied
refugee youth in and en route to Europe, Journal of Ethnic and Migration Studies, Routledge, 2019, 46:2, pp.
315.
5
M. Krzyżanowski, A. Triandafyllidou & R. Wodak, The Mediazation and the Politization of the “Refugee
Crisis” in Europe, Journal of Immigrant and Refugee Studies, Routledge, 2018, 16:1-2, pp.2.
1Greece.6 Several Greek islands close to the Turkish sea border have tempted thousands of
refugees to enter the Greek border over the sea. Since 2014 there have been 1 202 863 million
sea arrivals in Greece7. Especially the Aegean islands have been overwhelmed with the high
numbers of refugees that arrived over the years. Currently, the islands host 14 800 refugees and
asylum seekers. Asylum seekers have applied for protection but have not yet been permitted
the official refugee status8. This rapid increase in smaller areas as the Aegean Islands increases
the negative tensions in society and political decisions. According to the UNHCR, are 26% of
the refugee children – out of which the majority is younger than 12 years old.9 Furthermore,
most refugees arrive on the island of Lesvos. How overwhelming the high numbers of arriving
refugees are can be seen in the Moria refugee camp. The camp was originally designed with
capacities for 3 000 people, however, due to the large numbers of refugees on the island, the
camp hosted at times more than 20 000 refugees. The overstrained capacities resulted in
deficiencies of housing and sanitation conditions for all residents. 10 The Council of Europe
Commissioner on Human Rights was alarmed after a visit in 2019 by the unhygienic and
overcrowded conditions in the refugee camp and urged to address the bad conditions. She
claimed, ignoring the dramatic conditions will lead to “tragic events”.11
In 2020, the already critical situation in the camp aggravated due to two “tragic events”.
First, the global COVID-19 pandemic that has inter alia reached Lesvos. Second, a campfire in
September, which has gravely destructed the campsite and caused the 12 500 inhabitants to lose
their residence.12 Thus, Greek authorities built with military help an emergency campsite – the
Mavrovouni camp (also known as Kara Tepe 2). The camp is a reception and identification
camp. In this thesis, the term “refugee camp” will include RICs. RICs are temporary
accommodation centers. Most camps on Lesbos are RIC´s (often called “hotspots”) and differ
6
European Council, Infographic- Migration flows: Eastern, Central and Western routes, Council of the
European Union, https://www.consilium.europa.eu/en/infographics/migration-flows/, last accessed: 15.04.2021.
7
Mediterranean Situation: Greece, Operation Portal, Refugee Situations, UNHCR,
https://data2.unhcr.org/en/situations/mediterranean/location/5179, Last accessed: 15.04.2021.
8
Amnesty International, Refugees, Asylum Seekers and Migrants, https://www.amnesty.org/en/what-we-
do/refugees-asylum-seekers-and-migrants/, last accessed: 23.05.2021.
9
UNHCR, Aegean Islands: Weekly Snapshot (Week 05.04-11.04. April 2021), 13.04.2021.
10
J. Bhabha and V. Digidiki, EU Migration Pact Fails to Adress Human Rights Concerns in Lesvos - Greece,
Health and Human Rights Journal, 2020, 22 (2), pp. 292.
11
Commissioner on Human Rights, Council of Europe, Greece must urgently transfer asylum seekers from the
Aegean islands and improve living conditions in reception facilities, Country Visit, 2019.
12
European Commission, Memorandum of Understanding: Commission and support for the situation on the
Greek islands Questions and Answers, 03.12.2020,
https://ec.europa.eu/commission/presscorner/detail/en/QANDA_20_2284, last accessed, 20.05.2021.
2from accommodations for relocation camps.13 Mavrovouni was built on the former Kara Tepe
shooting range that priorly had to be investigated for unexploded landmines. Furthermore, it is
located close to the open sea, with some tents standing only 20 meters next to it. Thus, the
Greek Council for Refugees (GCR) and Oxfam have reviewed the new camp site´s conditions.
In a report, they stated inadequate living conditions for the 6 000 residents. People are housed
in tents that cannot provide sufficient shelter from the harsh weather conditions so close to the
sea.14 Furthermore, the NGO´s criticize a lack of clean or hot water, sanitation, adequate sewage
system, food, and enough accessible medical assistance. The lack of ample light posed also, a
threat for sexual assault or sexual- and nonsexual violence towards women and children.15
Hence, residents claimed that the camp is worse than the previous Moria camp and thereby,
called it Moria 2.0.
Within the group of refugees, children are especially vulnerable. Although children
receive special protection under international law, for example with the International
Convention on the Rights of the Child (CRC), states can fail to protect those rights16. It is to
consider that the majority of people in the camps have left their country due to war, civil
conflicts, persecution, or hunger. Many children have experienced the loss of at least one close
family member. Those traumatic events often burden the children with traumas, mental health
issues, or post-traumatic stress disorder (PTSD) symptoms.17 In combination with inadequate
housing conditions, children can experience severe mental stress and grave long-term
consequences18. Due to the high numbers of refugees that Greece must deal with, it can come
to violations of certain rights in the refugee camps. Article 3 of the European Convention of
Human Rights and Fundamental Freedoms (ECHR) prohibits torture, inhuman or degrading
treatment. It is to question if this right of children in the Mavrovouni camp is violated.
2. Aim and Research Question
It is to say that the combination of critical housing conditions and previous mental health
impacts that the refugee and asylum-seeking children on Lesvos have to deal with, may cause
13
GCR, Types of Accommodations – Greece, Asylum Information Database, European Council on Refugees and
Exiles, https://asylumineurope.org/reports/country/greece/reception-conditions/housing/types-accommodation/,
last accessed: 22.05.2021.
14
N. Kafkoutsou & S. Oikonomou, Lesbos Bulletin: Update on the EU “hotspot” Moria 2.0, Greek Council for
Refugees and Oxfam International, 2020, pp. 4.
15
Kafkoutsou &Oikonomou, 2020, pp.3.
16
C. Jenks, Children Rights and Childhood, Routledge, 2005, pp.122.
17
C. Watters & I. Derluyn, Wellbeing: refugee children´s psychological wellbeing and mental health, in
Research Handbook on Child Migration, by J. Bhabha, J. Kanics & D. Senovilla Hernandez, Edward Elgar
Publishing Limited, 2018, pp. 370.
18
Watters & Derluyn, 2018, pp. 373.
3a violation of Art. 3 ECHR. However, the scope of Art. 3 ECHR is broadly discussed by legal
scholars and the international community. The European Court of Human Rights (ECtHR) has
dealt with several cases concerning the scope of Article 3 ECHR. In this thesis, I will conduct
an analysis of case law in order to see if the defined scope will cover a right violation at the
Greek borders. Therefore, my research questions will be:
How does the European Court of Human Rights define a violation of Article 3 ECHR
concerning inadequate living conditions in camps? Furthermore, does the defined scope of
Article 3 ECHR cover the living situation of children in the Mavrovouni camp, that deal with
mental health issues and traumas?
This thesis aims to analyze the scope of inhuman and degrading treatment in regard to
camp conditions and thereby, to see if children are subjected to such. My thesis will relate to
human rights because the primarily used sources will be, as further discussed in the Material
section, International and European conventions, treaties, and judgments that aim to protect
Human Rights. Human Rights aim to protect and guarantee basic needs and rights for
everyone.19 Further, children are seen as vulnerable due to their inability to protect themselves
and thereby, in need of special protection.20 Nonetheless, the basic needs of children are often
not satisfied in refugee camps or RICs. In addition, mental health issues require special attention
and treatment.21 However, in some camps, such basic rights are not guaranteed. There has been
no research conducted on the possible inhuman and degrading treatment of children in the
Mavrovouni camp. Neither was research conducted on the interrelation of children's mental
health status and a violation of article 3 ECHR due to housing conditions. My thesis will
contribute to the field of Human Rights by connecting international law and case law to the
specific case of traumatized children in the Mavrovouni camp. It will further define the scope
of Art. 3 ECHR in regard to such, and thereby, set grounds for further research. Thereby, the
thesis consists of academic implications that may be broadened up to further social research.
3. Methodology
In legal research different legal methods can be used. However, all legal researchers base their
work on empirical data. This empirical data includes in legal research the normative legislation
– conventions, statutes, treaties, etc. – and in a second instance secondary legal sources, such
19
R. Smith, Textbook on International Human Rights, Oxford University Press, 2016, pp.23.
20
D. Archard, Children: Rights and Childhood, Routledge Taylor and Francis Group, 2004, pp.71.
21
E.g., S.R. Sirin & L. Rogers-Sirin, the Educational and Mental Health Needs of Syrian Refugee Children,
Migration Policy Institute, 2015, p.11.
4as case law, judgments, and scholarly writings.22 The most used approach is a normative
approach, which allows the author to go beyond the norm itself and question values, moral
responsibilities, and certain choices.23 The aim of this thesis poses a research question that is
best answered with a normative approach. For the textual analysis, I am going to use a
hermeneutic discipline. A hermeneutical approach primarily focuses on the interpretation and
analysis of legal texts, norms, or cases.24 However, this thesis will, as it is common for legal
methods, not consist of a theory25. This allows me to focus on the essence of law and
jurisprudence.
3.1 Method
To analyze a possible right violation, I will apply logical syllogism. Logical syllogism is
reasoning in which multiple premises will be combined and analyzed. This deductive
interpretation will lead to a conclusion.26 My approach in this thesis will resemble ECtHR
jurisprudence. The combination of different legal and practical premises will lead to a
conclusion that will show if a human rights violation in the Mavrovouni camp is conducted.
The analysis of the jurisprudence of two cases of the ECtHR and the premises of a legal
framework will build a scope that can be applied in the Mavrovouni camp and show if a right
violation of Article 3 ECHR is conducted. A combination of logic syllogism and a
hermeneutical approach allows me to examine the current legislation on the issue, by a logical
combination of the legal framework and facts.
The structure of this thesis will be based on the following steps. First, the claim that
introduces the issue and legal question. My claim is that in the case of refugee and asylum-
seeking children, who have mental health issues and traumas due to previous experiences in
their home countries, the children experience a violation of the right of prohibition from
inhuman or degrading treatment in the Mavrovouni camp. Hence, I claim that bad housing
conditions can become degrading and inhuman if the child´s mental health is negatively
impacted by previous traumatizing events. Previous literature will elaborate on children´s
health conditions in refugee camps. The second step is the legal framework. In this section,
current and applicable legislation – primary and secondary law– will be introduced and
22
M. van Hoecke, 2011, p. 11.
23
Van Hoecke, 2011, p.10.
24
J. Haage & M. van Hoecke, The Method of a Truly Normative Legal Science, in Methodologies of Legal
Research by M. van Hoecke, Hart Publishing, 2011, pp.4, 22.
25
O. Guobadia & J. Pogue, From Memo to Appellate Brief, Georgetown University Law Center, The Writing
Center at GULC, 2012, pp.4.
26
Britannica, Syllogism, logic, https://www.britannica.com/topic/syllogism, last accessed: 17.05.2021.
5examined.27 This will allow me to gain a holistic understanding of the legal framework that is
relevant for the present case of children in the Mavrovouni camp. To define a legal scope of
Art. 3 ECHR the cases Khan v France and J.R. and Others v Greece will be further summarized.
The cases will be analyzed in a specific approach. First, the merits of the cases in which I will
analyze what reports and information the court used for its ruling. The second stage will be to
analyze the evaluation of the court´s assessment. The focus will lie on the application of Art. 3
ECHR, the reasoning of the court for or against a violation, and on what grounds the court´s
ruling is based. This approach allows me to evaluate where the court placed its focus for the
judgment. The different evaluations of different materials can impact the court´s decision.
Thereby, it is important to understand what assessments are prioritized by the ECtHR. In this
stage, the normative approach of the posed research question will especially be reflected.
The last step is the application. The analysis of case jurisprudence will be combined and
interpreted with the applicable legislation. The scope that I analyze will be further applied to
the issue from the first step. Thereby, I will be able to answer my research question and conclude
if the scope of Article 3 ECHR in regard to children with mental health issues and traumas, is
applicable in the Mavrovouni camp and further if Art. 3 ECHR is violated. 28
3.2 Material
As a primary source, I use the European Convention on Human Rights. Further used primary
legal material are the Convention against Torture (CAT), the International Convention of Civil
and Political Rights (ICCPR), and the CRC. This will put Art. 3 ECHR in an international
context and will help to define the meaning and scope of the aim and purpose of the Article
itself. Secondary legal sources will be the judicial decisions from the European Court of Human
Rights in the cases Khan v France and J.R. and Others v. Greece. These cases will be analyzed
in regards to the merits and the courts' assessment to pinpoint the meaning of Art. 3 ECHR in
the context of living conditions in refugee camps. The conditions in the camp will be based on
reports by multiple non-governmental organizations. Furthermore, advisory opinions,
interpretations, and previous research by scholars will be used as material. 29 For the collection
of the used material, I primarily used international databases, such as HUDOC, the UN Official
Document System, the Malmö library database, Libris, or Google Scholar. Nevertheless, I am
27
J. Holland & J. Webb, learning Legal Rules: A Students´ Guide to Legal method and Reasoning, Oxford
University Press, 2013, pp. 325.
28
Strong, 2014, pp. 34.
29
M. Saunders, P. Lewis, and A. Thornhill, Research Methods for Business Students, Pearson Education, Fifth
Edition, 2009, pp.156.
6aware of the possibility of the chosen material being biased. Especially statements or papers
conducted by states and NGOs can be biased and promote a favored outcome. Further,
researchers have often biased interpretations themselves, impacted by a certain social discourse
in which they grew up. The use of peer-reviewed material will support a qualitative standard
and promotes an unbiased analysis. The most used keywords for the conduction of the material
were: Mavrovouni Camp, Lesvos, PTSD, Refugee Children.
4. Delimitation
At this stage, I will make some delimitations, since the subject of the rights of children,
refugees, and refugee camps can be discussed broadly. In this study, I will only consider mental
health issues and traumas that stand in connection with previous war and violence-related
experiences, e.g., PTSD symptoms. Other mental health issues or disabilities will not be
reflected in this research. Additionally, with regards to children in the Mavrovouni, only
children under the age of 18 years, as defined in Art. 1 CRC will be considered30. Following
the previously mentioned, it will not be considered what processes occur after RICs or refugee
camps, e.g., the immigration process itself or the detention of migrants. The research and
analysis will not in detail consider which member states take refugees and how their treatment
or right situation is during the immigration process. Neither will be considered any distribution
or deportation processes. Subsequently, it is crucial to note that this research is based on the
legislation and conditions as of the day of publication.
II. Children in Camps
As previously mentioned, this thesis will be based on the claim that the right from Art. 3 ECHR
is violated in regard to children with mental health issues and traumas in the RIC Mavrovouni
on Lesvos. To analyze this, certain prerequisites must be discussed. In this section, I will
describe the situation of children in camps.
1. Refugee and Asylum-Seeking Children
According to David Archard, Locke argued, that the child is an incomplete version, that will
with good upbringing and experiences form into an adult.31 The acquired knowledge will set
the grounds for reasonable thinking and reasonable actions.32 Archard argues, childhood
30
Convention on the Rights of the Child, United Nations General Assembly resolution 44/25 of 20 November
1989, entry into force 1990.
31
S. Nakata, Childhood Citizenship, Governance and Policy: The politics of becoming adult, Routledge, 2015,
pp.12.
32
Archard, 2004, pp.32.
7conceptions, as a social construct, mainly differ in boundaries, division, and dimension. This is
crucial when it comes to children that have to leave their country of origin. Children that flee
their country leave behind a social construct of shared norms, values, and history. Arriving in
a new country also implies new cultural norms and structures. In addition, traumatic
experiences, such as war and violence, can cause negative mental health issues. Violence
perpetrated against children or family members can deeply traumatize children33.
Research conducted by the Migration Policy Institute on Syrian Refugee Children has
shown that refugee children are at high risk of suffering from PTSD or other trauma-related
behavior, such as depression or aggression, and emotional problems34. Besides, such traumas
and mental health issues can impact the cognitive and educational performances of the child35.
According to the authors, this may cause a high risk of being unemployed or unable to keep
long-time jobs as adults36. Furthermore, in close connection to mental health issues is the lack
of adequate education, which inevitably enhances the risk of mental health issues. Children who
have fled to another country can be several years without being enrolled in a school or
educational training. Further, the authors claim that lack of treatment of mental health issues
will subsequently lead to long-term issues that will impact that child´s life throughout their
lifetime.37 This is supported by Hermanns, de Jong, and Paardekooper, who conducted
qualitative research on the psychological impact that War and the Refugee Situation have on
children in refugee camps in Northern Uganda. For this research, the authors interviewed more
than 200 children.38 The study revealed that children, who live in the refugee camps and
experienced war have shown more signs of depressions, trauma, and aggression. Furthermore,
they showed more signs of worry, fear, and grief. Also often perceived was PTSD.39
Furthermore, Watters and Derluyn argue that the journey to flee from the home country
itself may have been hazardous and created traumas. Transportation with trucks, boats, or trains
is often dangerous and life-threatening and can further support psychological traumas.40 Hence,
it is to consider that the trauma of a child is often based on multiple events. Besides war and
33
Watters & Derluyn, 2018, p. 369.
34
Sirin & Rogers-Sirin, 2015, p.11.
35
Sirin & Rogers-Sirin, 2015, p. 7.
36
Sirin & Rogers-Sirin, 2015, p.11.
37
Sirin & Rogers-Sirin, 2015, pp. 13.
38
P. Paardekooper, J.T.V.M. de Jong & J.M.A. Hermanns, The Psychological Impact of war and The Refugee
Situation on South Sudanese Children in Refugee Camps in Northern Uganda: An Exploratory Study, The
Journal of Child Psychology and Psychiatry and Allied Disciplines, Cambridge University Press, 1999, Vol. 40,
No. 4, p. 531.
39
Paardekooper, de Jong & Hermanns, 1999, pp. 529, 533.
40
Watters & Derluyn, 2018, pp. 370.
8violence, also consequences, such as poverty, dangerous journeys, continuing violence, and
social marginalization.41
This claim is supported by a study on displaced Rohingya children in a Bangladesh
refugee camp. The study has shown, that the children that have been previously exposed to
“severe or frequent violence” have a higher tendency to generate mental health issues.42 The
authors argue that the majority of the screened children showed emotional symptoms, e.g.,
unhappy, worried, depressed.43 Furthermore, the death of family members had impacted the
children´s ability to fit into a group.44 Ehnholt and Yule argue that refugee children are
experiencing several disturbing events that continue with the arrival in the host state45. Mollica
further claims that the continuation of such disturbing events will aggravate serious mental
health illnesses that will require long-lasting and intense therapy46.
Foka, Hadfield, Pluess, and Mareschal conducted a study on children in Greek camps.
The questionnaires they used showed that many children have traumas of different forms and
further, are continuously in disadvantageous circumstances. Poverty, no or just few access to
health care and education, and personal challenges (such as insecurity) were impacting the
children´s daily life and thereby, their mental health.47 Àngel Essomba´s claims that untreated
health physical and mental issues will impact the child´s development and further, its
development of a “personal identity”.48 Kadir, Battersby, Spencer, and Hjern claim that refugee
children are often in severe need of professional health care due to special needs that differ from
those that non-refugee children might have.49 The authors place the focus on the health issues
of refugee children. Despite a high risk of Female Genital Mutilation and more drug-resistant
41
Watters & Derluyn, 2018, pp. 371.
42
N. Z. Khan, A. Begum Shilpi, R. Sultana, S. Sarker, S. Razia, B. Roy, A. Arif, M.U. Ahmed, S. Chandra Saha
& H. McConachie, Displaced Rohingya Children at High Risk for Mental Health Problems: Findings from
refugee camps within Bangladesh, John Wiley & Sons, Child Care Health Development, 2019, Vol. 45, p. 29.
43
Khan, Begum Shilpi, Sultana, Sarker, Razia, Roy, Arif, Ahmed, Chandra Saha & McConachie, 2019, pp.31.
44
Khan, Begum Shilpi, Sultana, Sarker, Razia, Roy, Arif, Ahmed, Chandra Saha & McConachie, 2019, p.33.
45
K.A. Ehntholt & W. Yule, Practitioner Review: assessment and treatment of refugee children and adolscents
who have experienced war-related trauma, Journal of Child Psychology and Psychiatry, 2006, 47(12), pp. 1197.
46
R.F. Mollica, C. Poole, L. Son, C.C. Murray, & S. Tor, Effects of War Trauma on Cambodian refugee
adolescent´s functional health and mental health status, Journal of the American Academy of Child and
adolescent Psychiatry, 1997, 36 (8), pp. 1100.
47
S. Foka, K. Hadfield , M. Pluess & S. Mareschal, Promoting well-being in refugee children: An exploratory
controlled trial of positive psychology intervention delivered in Greek refugee camps, Development and
Psychology, Cambridge University Press, 2020, pp. 2.
48
M. Àngel Essomba, The Right to Education of Children and Youngsters from Refugee Families in Europe,
Intercultural Education, Routledge, 2017, 28:2, pp. 213.
49
A. Kadir, A. Battersby, N. Spencer and A. Hjern, Children on the move in Europe: a narrative review of the
evidence on the health risks, health needs and health policy for asylum seeking, refugee and undocumented
children, BMJ Paediatrics Open, 2019, p.13.
9bacteria infections, refugee and asylum-seeking children showed higher numbers in mental
health issues.50
Bhabha supports these claims.51 Additionally, Bhabha argues, to have an irregular
migration status can be used as leverage against the use of e.g., medical treatment. Certain social
institutions are obliged to report people with irregular migration statuses. According to Bhabha
and Ceriani Cernadas, such irregular statuses promote “invisibility” before a state and advocate
the violation of rights.52 Thereby, Bhabha applies Agamben´s theory of the “normalized state
of exception” to refugee camps. Agamben´s theory describes a camp (in Agamben´s writings
concentration camps) and argues that inside those camps the normal judicial order does not
apply. He claims that within the camp, the sovereign can rule with absolute power and
regardless of any protecting laws – subjected to the sovereign.53 Bhabha claims, children in the
refugee camps at European borders live in states of exceptions – in areas in which the
international laws to protect all children have not reckoned anymore.54 However, Bhabha states
that refugee children have certain economic and social rights that are binding for contracting
states. Those rights imply mental and physical health as well as primary education.55
Nonetheless, it is to question if such rights exist and if so, if they are applicable. In the later
section “Legal Framework” I will come back to this question.
2. Greek Camps
Afouxenidis, Petrou, Kandylis, Tramountanis, and Giannaki, argue that with the creation of the
Schengen agreements and the enforcement of the Maastricht Treaty, external European borders
were strengthened. The relief on internal European borders has increased the ambition to protect
and observe external borders.56 Of particular importance is, according to the authors, the
establishment of FRONTEX. Furthermore, it is argued that while the European Union (EU) is
officially protecting, supporting, and accepting refugees, states apply on a domestic level more
50
Kadir, Battersby, Spencer & Hjern, 2019, pp.3, 6, 11.
51
J. Bhabha, Arendt´s Children: Do Today´s Migrant Children Have a Right to Have Rights?, Human Rights
Quaterly, John Hopkins University Press, 2009, Vol.31, No. 2, p. 443.
52
Bhabha, 2009, p. 419; P. Ceriani Cernadas, The Human Rights of Children in the Context of International
Migration, in International Handbook of Children´s Rights, edited by W. Vandenhole, E. Desmet, D. Reynaert
& S. Lembrechts, Routledge, 2015, p. 350.
53
G. Agamben, Homo Sacer: Sovereign Power and Bare Life, Meridian, Stanford University Press, 1995, pp.
91, 123, 187.
54
Bhabha, 2009, pp. 431.
55
Bhabha, 2009, p. 439.
56
A. Afouxenidis, M. Petrou, G. Kandylis, A. Tramountanis & D. Giannaki, Dealing with a Humanitarian
Crisis: Refugees on the Eastern EU Border of the Island of Lesvos, Journal of Applied Security Research,
Routledge, 2017, 12:1, p.9.
10rules that decrease refugee rights.57 Miguel Àngel Essomba argues, a reason for the
discrepancies is the high pressure on the border states, who in return will react with hardened
migration policies.58 Afounxenidis, Petrou, Kandylis, Tramountanis & Giannaki support this
claim and argue that as part of one of the main routes to Europe, Greece has received high
numbers of refugees all along. In response, Greek authorities have placed migration policy
under the jurisdiction of the Ministry of Citizen Protection. However, the authors argue that this
ministry´s main responsibilities are security issues. By placing the responsibility on this specific
ministry for internal security, Greece has shown that the dominant attitude towards migration
policy perceives refugees as a threat59. As result, the authors observed in Lesbos a lack of basic
infrastructure in refugee camps, restricted access to health care, and inappropriate housing
conditions.60
In November 2020 the European Committee for the Prevention of Torture and Inhuman
and Degrading Treatment and Punishment (CPT) released a report after a visit to other
campsites and detention centers in Greece. In this report, the committee emphasized the
importance to grant migrants and asylum seekers access to lawyers or legal assistance. Equally
emphasized is the necessary access to health care services. Such must be available, according
to the CPT, in all facilities – including detention and reception and identification centers. After
the visits of several detention centers, the CPT criticized the limited and overcrowded space of
people detained with inter alia 1,5 m² or less per person.61 Furthermore, the committee critically
noted the conditions in regards to insufficient sanitation and hygiene within the camps or cells62.
With a lack of protection from the cold, no heating, and humid containers for people, the CPT
argued that the conditions within the camps may pose a violation of inhuman and degrading
treatment under Art. 3 ECHR.63 In addition, the CPT noted, people within the camps receive
no or barely information concerning their status or procedure that impacts their future. The
conditions in the camp in combination with the detention in a camp are especially critical in
regards to children. Such can have impacts on a child´s development and further cause
57
Afounxenidis, Petrou, Kandylis, Tramountanis & Giannaki, 2017, pp. 10.
58
Àngel Essomba, 2017, p. 208.
59
Afounxenidis, Petrou, Kandylis, Tramountanis & Giannaki, 2017, pp. 21.
60
Afounxenidis, Petrou, Kandylis, Tramountanis & Giannaki, 2017, pp. 31.
61
CPT Report, November 2020, §§ 27-30.
62
CPT Report, November 2020, §§30.
63
CPT Report, November 2020, §§ 30, 36, 40.
11psychological issues.64 Thereby, the CPT cannot support the detention of children in camps in
such conditions – up to a month or longer 65.
François Crépeau, the special rapporteur on the human rights of migrants, had in 2016
a country visit to Greece, where he met with organizations, and politicians to get an overview
of the situation of refugees and asylum-seeking people in Greece. In 2017, the report was
submitted to the Human Rights Council. In the report, it was stated that the reception and
identification centers, especially on the Aegean Islands are burdened with overcrowded
facilities that lack sufficient sanitation, food, and health care. Furthermore, he described the
tents in which people had to reside. He argued those were insufficient to protect people from
the weather conditions and lack of appropriate interior.66 In addition, he argued that people in
the camp felt increased states of insecurity.
Serious overcrowding in reception and identification centers and official and unofficial camps
on the mainland substandard living conditions, and a lack of adequate food, health care, and
information have led to anxiety, depression, confusion, and frustration among the migrant
population both on the mainland and on the islands.67
According to Crépeau, such conditions are especially concerning for the children in the camps
since it leaves them at a higher risk to be victimized and exposed to violence or exploitation68.
III. International Legal Framework
International hard law sets the primary source in legal approaches. Nonetheless, the
interpretation of legal doctrines must be compatible with the guidelines for the interpretation of
legal law and treaties. Those are set in the Vienna Convention on the Law of Treaties (VCLT).
In Article 31(1) VCLT states that any treaty shall be interpreted under the principle of good
faith, in regard to its ordinary meaning, its teleological aim, and within its systematic context.69
To analyze the legal framework relevant to the present case, I primarily relied on the
teleological and ordinary interpretations of different UN bodies. At a later stage, I will add a
systematic interpretation, following Art. 31(1)(2) VCLT.
64
CPT Report, November 2020, § 47.
65
CPT Report, November 2020, § 32.
66
Report of Special Rapporteur on the human rights of migrants on his mission to Greece, Human Rights
Council, A/HRC/35/25/Add. 2, June 2017, § 57.
67
A/HRC/35/25/Add. 2, § 63.
68
A/HRC/35/25/Add. 2, §90.
69
Vienna Convention of the Law of Treaties, 1969, United Nations, entered into force in 1980, Article 31.
12The ECHR offers protection of human rights across the 47 member states of the Council
of Europe. Within the ECHR some rights are of great importance and thereby, called absolute
rights. Absolute rights cannot be derogated or violated under any circumstances, including the
exceptions that states can make under Article 15 ECHR.70 Article 3 ECHR, the right to
prohibition from torture, degrading, and inhuman treatment is according to the ECtHR such an
absolute right. The ECtHR argued that Art. 3 ECHR preserves one of the fundamental principles
of democratic societies and further, the underlying values of the ECHR. An exception of the
absolute right in Art. 3 ECHR is thereby, incompatible with the Convention under all
circumstances.71 Migrants and refugees are not specifically mentioned in the ECHR. However,
Ciara Smyth argues that Article 3 ECHR offers special protection for migrants that cannot be
found elsewhere in the ECHR.72 In the following section, I will give an overview of the
international legal framework that enshrines the right from Article 3 ECHR and will put its
meaning in international relations.
1. International Covenant on Civil and Political Rights
The International Convention on Civil and Political Rights (ICCPR) prohibits degrading or
inhuman treatment in Article 7. However, the ICCPR is only binding for states that have ratified
the convention. Greece has ratified the convention in 1997.73 Furthermore, Greece has not made
a reservation of Article 7 ICCPR, which implies that the article is binding for Greece74. Thereby,
Greece has a legal obligation to protect and uphold the rights from the ICCPR and apply those
within the domestic legal framework.75
70
Y. Arai-Yokoi, Grading Scale of Degradation: Identification of the Threshold of Degrading Treatment or
Punishment Under Article 3 ECHR, Netherlands Quarterly of Human rights, Netherlands Institute of Human
Rights, 2003, Vol. 21:3, 386.
71
ECtHR Case, Soering v United Kingdom, Application No. 14038/88, 1995.
72
C. Smyth, The Jurisprudence of the European Court of Human Rights relevant to Child Migrants, in Research
Handbook on Child Migration by Bhabha, Kanics & Senovilla Hernandez, Edward Elgar Publishing, 2018, p.
141.
73
Ratification Status for Greece, UN Treaty Data Base, OHCHR,
https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=68&Lang=EN, last
accessed: 28.04.2021.
74
Treaties, United Nations Treaty Collection,
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en, last
accessed: 28.04.2021.
75
C. Harland, The Status of the International Covenant on Civil and Political Rights (ICCPR) in the Domestic
Law of State Parties: An Initial Global Survey through UN Human Rights Committee Documents, The Johns
Hopkins University Press, Human Rights Quarterly, 2000, Vol. 22, No. 1, pp. 194.
132. Convention Against Torture
The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (CAT) entered into force in 1987 and was ratified by 83 states – inter alia Greece76.
The Convention aims to prevent and protect from torture. Article 2 CAT states the absolute and
jus cogens obligation for states to refrain and prevent torture. However, in Article 16(1) CAT,
the Convention broadens the scope of CAT and obliges member states to the convention to also
prevent cruel, degrading, and inhuman treatment. Following this article, state parties are obliged
to prevent any degrading or inhuman treatments committed by public authorities and officials.
Furthermore, Art. 16 (1) Sentence 2 CAT implies that Art. 10, 11, 12, and 13 CAT are also
applicable in cases of cruel or inhuman treatment. Articles 10 and 11 constrain parties to train
all personnel that deals with the interrogation, detention, or any other form of arrest.
Greece has made no reservations to the CAT and has acknowledged the qualification of
the Committee against Torture77. The Committee against torture serves as a monitoring body
and observes the implementation of the Convention. In 2008, the Committee released General
Comment No. 2 which discusses and specifies the scope and implementation of Article 2 CAT.
The Committee states in §3 a broad scope for the application of Article 2 CAT. According to
the Committee, the prevention of ill-treatment poses an absolute right, which is not alterable.78
Nonetheless, it is to question to whom and where the norm applies?
The Committee states that the obligations arising from Article 2 CAT are exclusively
obligations towards the state. Further, the obligations must be applied in the complete territory
of the state.79 But who is protected by the regulations under CAT? The Committee against
Torture has stated in General Comment No. 2 that the regulations apply to all citizens and non-
citizens. Thus, the regulations are to be applied by states without any form of discrimination.
Especially marginalized groups need, according to the committee, special protection since those
are at a higher risk to be ill-treated or tortured. As an example, for marginalized groups, the
Committee names refugees and asylum seekers.80
76
Convention Against Torture, United Nations Treaty Collection,
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en, last
accessed: 02.05.2021.
77
Declaration on Torture, UN Treaty Collection.
78
General Comment No. 2, Article CAT, Adopted by Committee against Torture, CAT/C/GC/2, 2008, §§ 3.
79
General Comment No. 2, CAT, §§ 3, 7, 15, 16.
80
General Comment No. 2, CAT, §§ 7, 21.
143. Convention on the Rights of the Child
The Convention on the Rights of the Child aims to apply protection, participation, and provision
for children. The CRC is the most ratified convention.81 Article 2(1) CRC implies that states
“shall respect and ensure the rights outlined in the present Convention to each child within their
jurisdiction without discrimination of any kind”82. In 2005 did the Committee on the Rights of
the Child adopt General Comment No. 6, which explicitly obliges states to protect and
guarantee children´s rights to all children. §12 thereby includes refugee children, asylum
seekers, and migrant children.83
Thus, states who have signed the CRC must take appropriate measures to allow children
to enjoy their rights from the convention.84 However, the host state has the freedom to interpret
“appropriate measures” to its understanding. This allows room for interpretation and a margin
of appreciation. One cannot forget that the perception of what is in the best interest of a child
is, will change throughout history, social environment, and culture.85 To minimize negative
impacts and achieve the best possible outcome despite certain deviances, all articles of CRC
underlie the best interest principle of Article 3 CRC. According to Art. 3(2) CRC, has the state
the primary responsibility to care for and protect children. Article 22(1) CRC states that refugee
children and children who seek asylum shall receive adequate protection as set forth in the
convention. Art. 22(2) CRC states that the protection for refugee children must be equal to the
treatment of other and national children. With Article 27 (1) CRC, state parties recognize their
obligation to provide “a standard of living adequate for the child´s physical, mental, spiritual,
moral, and social development”86. Article 37 (a) CRC prohibits the subjection to cruel,
inhuman, or degrading treatment and obligates states to prevent such. This article is enhanced
by General Comment No. 8 of the Committee on the Rights of the Child. Following this
statement, the Committee has argued in General Comment No. 15 that it is the state´s
responsibility to guarantee adequate housing with security to health, food, drinking water, and
adequate sanitation87.
81
G. Tait and M. Tambyah, Children´s Rights, Educational Research and the UNCRC, edited by J. Gillett-Swan
and V. Coppock, Symposium Books, 2016, pp.124.
82
Article 2, United Nations Convention on the Rights of the Child, 1989.
83
General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin,
Committee on the Rights of the Child, CRC/GC/2005/6, 2005.
84
A. Lems, K. Oester & S. Strasser, Children of the Crisis: Ethnographic perspectives on unaccompanied
refugee youth in and en route to Europe, Journal of Ethnic and Migration Studies, Routledge, 2019, 46:2, p.319.
85
M. Freeman, Commentary on the United Nations Convention on the Rights of the Child – Article 3, University
College London, Martinus Nijhoff Publishers, 2007, pp. 27.
86
Article 27(1), United Nations Convention on the Rights of the Child, 1989.
87
General Comment No. 15, Article 24, Committee on the Rights if the Child, CRC/C/CG/15, 2013, §49.
154. Convention on the Status of Refugees
The 1951 Convention on the Status of Refugees (CSR) aims to protect refugees and outlines
legal obligations for states that have ratified the convention. In Article 7(1) CSR the convention
binds member states to treat refugees in the same manner as aliens in the host state are treated
in general. This norm also applies to the housing conditions for refugees. Article 21 CSR states
that the housing conditions for refugees shall be as favorable as possible, nonetheless, not less
than the conditions for other aliens, who are in the same circumstances as refugees in the host
state.
5. Article 3 ECHR
Embedded in international regulations that prohibit torture, or cruel, inhuman, and degrading
treatment, Article 3 ECHR is independent of international decisions and recommendations
regarding the implementation or scope of Article 3 ECHR. However, the Article is legally
binding towards all member states of the Council of Europe that have signed the Convention.
This includes the right of individuals to claim a right violation, as stated in Art. 34 ECHR. The
jurisdiction of the ECtHR extends, according to Art. 32 ECHR, to matters of application and
interpretation of the Convention and its protocols. Court decisions are binding and final, if not
further referred to the Grand Chamber. The Grand Chamber´s judgments are final
immediately.88 Nonetheless, the decisions by the court are relative and differ from case to
case.89 In addition, it is to note that “the Convention is a living instrument”, which must be
interpreted according to present standards and practices90.
In accordance with Articles 16 CAT, 7 ICCPR, and 37 CRC is the main responsibility
from Article 3 ECHR vested in the state. The state is obligated to prevent all forms of torture
or inhuman and degrading treatment91. However, there is no official or legal definition of the
term inhuman and degrading treatment. Thereby, to question is what inhuman and degrading
treatment includes? What is regarding today´s standards within the scope of Article 3 ECHR?
Are bad housing conditions in a RIC a violation of Article 3 ECHR? To define this scope, I will
in the following analyze the material and reasoning used by the judges in the two cases of the
ECtHR.
88
Article 42, 44 (2) ECHR.
89
P.J. Duffy, Article 3 of the European Convention on Human Rights, The International and Comparative Law
Quarterly, Cambridge University Law, 1983, pp. 320.
90
Duffy, 1983, p. 323; Council of Europe, A living instrument, The courts Public Relation Unit, European Court
of Human Rights, 2020, pp. 5.
91
Duffy, 1983, pp. 323.
16IV. Jurisprudence
Previous case law is crucial in the elaboration and analysis of legal texts. To understand a certain
legal problem, the analysis of case law can help to create a legal structure that sets guidelines.
Also, it may outline customary law. Customary law are rules that are generally practiced but
not stated in international legal text.92 An examination of previous judgments can transform
legal vocabulary into a scope of a certain law that reaches beyond the linguistic meaning.93 The
analysis of the cases Khan v France and J.R. and Others v Greece will help me to create such
scope of Article 3 ECHR. These cases are relevant for this study as they discuss Art. 3 ECHR
and its implications in the situations described. Further, both cases include important elements
that will be of great importance in the later analysis of a right violation in the Mavrovouni camp.
The cases discuss camp situations that are similar to the conditions that can be found in the
Mavrovouni camp. The differences in both cases allow me to analyze a certain threshold of
Article 3 ECHR. Further, both cases have no separate or dissenting opinions by judges, which
strengthens consents over the judgment. The analysis of the material and judgments by the court
combined will allow me to interpret a holistic understanding of the scope of Article 3 ECHR
that I further can apply to the Mavrovouni camp.
1. Khan v France
In September 2015, the afghan minor Khan arrived in the southern part of a refugee camp close
by Calais in France94. The camp was also called “jungle” or “the heath”, comprising thousands
of migrants. He claims that the housing conditions were critical, with most people sleeping in
huts or tents. Food and drinking water were inadequate. Insufficient waste systems posed an
additional health risk for the overcrowded camp.95 On the 12.02.2016, the prefect of the camp
announced that due to “reasons of security, health and human dignity” the southern part of the
heath will be evacuated after the 23 of February96. Thereupon, on 19.02.2016, the NGO Cabane
Juridique lodged an application for a provisional placement of the minor applicant Khan.
Further, the NGO requested an ad hoc legal guardian for the applicant, which was by that time
a 12-year-old and unaccompanied minor. The court granted the application and appointed a
92
ICRC, Customary Law and International Humanitarian Law, Red Cross Committee, Article,
https://www.icrc.org/en/document/customary-international-humanitarian-law-0, last accessed: 20.05.2021.
93
G. Samuel, Comparative Law and Jurisprudence, The Inetrnational Comparative Law Quarterly, Cambridge
University Press on behalf of the British Institute of International Comparative Law, 1998, Vol. 47 No. 4, pp.
823.
94
Khan v France, European Court of Human Rights, Application No. 12267/16, Council of Europe, HUDOC,
28.02.2019, final since 28.05.2019, paras. 1, 28.
95
Khan v France, 2019, para. 12.
96
Khan v France, 2019, para. 17.
17guardian and the temporary accommodation of the applicant in the Child and Family Protection
Department in Calais.97 However, no authorities came to take the applicant into his new
accommodation, and thereby, the hut that the applicant lived in, was destroyed and left him
without any alternative housing.98 Together with many of the other people that have been
displaced from the southern part, the applicant stayed in the northern part of the heath. The
applicant claims that with the overcrowding of the camp, living and sanitary conditions were
aggravated.99 He further claims that the clearance process itself had left him anxious and
worried.
The applicant accused the French authorities to have violated the minor´s right to be
prohibited from inhuman and degrading treatment in Article 3 ECHR. He claims, with the
clearance of the southern camp part, the government failed its obligation to protect and take
care of him. Furthermore, the conditions in the camp and the winter season in which the
clearance has been imposed aggravated his situation and breached Article 3 ECHR.100 The court
concluded that the applicant has experienced a violation of Article 3 ECHR.
2. J.R. and Others v Greece
In 2018 the European Court of Human Rights ruled on the matter of three Afghan nationals,
who have fled to the Greek island Chios. They claimed that during their detention, in the
identification and registration camp Vial, they have experienced right violations of Art. 5 (1),
(2) ECHR, and Art. 3 ECHR.
On 21.03.2016 the three applicants arrived in Chios. On the same day, the three were
detained and located in the identification and registration camp Vial. Shortly after, the Police
director decided to detain the applicants until they can be extradited. He justified his decision
to detain them by claiming they would flee if not being detained. The EU-Turkey Declaration
requires the identification and registration of refugees that will be extradited.101 This restricted
the applicant´s freedom of movement. With the decision to extradite them on 24.03.2016, the
right to detain the applicants in Vial was extended until the extradition.102 On the 04.04.2016
the applicants stated they wish to apply for asylum. On 15.05.2016, they were registered in the
97
Khan gegen Frankreich, German translation approved by HUDOC, Österreichisches Institut für
Menschenrechte, Jan Sramek Verlag, Newsletter Menschenrechte 1 (NWMR), 2019, p.1.
98
Khan v France, 2019, para. 32.
99
Khan v France, 2019, para. 32.
100
Khan v France, 2019, paras. 49, 50.
101
J.R. and Others v Greece, 2018, para. 112.
102
J.R. und andere gegen Griechenland, German translation approved by HUDOC, Österreichisches Institut für
Menschenrechte, Jan Sramek Verlag, Newsletter Menschenrechte 1 (NWMR), 2018, p.1.
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