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sufficient number of trained staff, and provision of basic supplies, such as medical
care and treatment, adequate food, water and personal hygiene items in any facility
used for the detention of foreign nationals.
Detention on public health grounds
21.
The Committee expresses its concern at a recent legislative amendment whereby a
migrant or asylum-seeker can be detained if he or she represents a danger to public health
when he or she suffers from an infectious disease or belongs to groups vulnerable to
infectious diseases (arts. 2 and 16).
The Committee urges the State party to repeal the provision permitting detention of
migrants and asylum seekers on public health grounds and replace detention on such
grounds with the appropriate medical measures.
Unaccompanied asylum seeking minors
22.
The Committee is particularly concerned that unaccompanied or separated asylum
seeking minors are often not properly registered and are systematically detained, often in
mixed immigration facilities with adults. The Committee is also concerned that the
transitional Presidential Decree 114/2010 did not introduce a statutory prohibition
regarding the detention of these minors and that the limited number of special reception
centres for unaccompanied minors contributes to their prolonged detention. It is further
concerned that many unaccompanied minors end up homeless and living in the streets
where they are often exposed to heightened risks of exploitation and violence (arts. 2, 11
and 16).
The State party should strengthen its efforts to provide adequate protection and
proper care in respect of unaccompanied or separated minors entering the country,
including by promptly amending its legislation to prohibit their detention. The
Committee concurs with the recommendation of the Special Rapporteur on the
question of torture that the Ministry of Health and the Ministry of Interior should
cooperate closely to ensure that they are placed in suitable and separate reception
centres. Furthermore, specific measures should be put in place to prevent
homelessness and to provide social support and education to this group.
Violence against women
23.
The Committee takes note of the legislative and other measures adopted by the State
party to combat violence against women, including the enactment of Law 3500/2006 for
combating domestic violence and the adoption of a National Action Plan on Violence
against Women (2009-2013). However, the Committee remains concerned at the
persistence of violence against women and children, including domestic and sexual
violence, and at the limited number of prosecutions and convictions of the perpetrators.
While noting that the State party has established a Standing Committee to elaborate a draft
law on combating gender-based violence against women, the Committee is concerned that
the State party’s Criminal Code currently does not explicitly include rape and other forms
of sexual violence as a form of torture (arts. 2, 12 and 16).
The State party should take urgent and effective protective measures to prevent and
combat all forms of violence against women and girls, particularly domestic and
sexual violence, including by investigating and punishing these offences. Such
measures should include the amendment of article 137A of the State party’s Criminal
Code so as to explicitly include rape and other forms of sexual violence as a form of
torture rather than “a serious breach of sexual dignity”. The State party should also
undertake broad awareness-raising campaigns and provide training courses on the
prevention of violence against women and girls for officials who are in direct contact
7