The decision of the European Committee of Social Rights on the merits of the complaint Comité européen d'action spécialisée pour l'enfant et la famille dans leur milieu de vie (EUROCEF) v. France (no. 114/2015) became public on 15 June 2018.
The European Committee of Social Rights adopted its decision on the merits on 24 January 2018..
This decision relates to a number of violations of the right of unaccompanied foreign minors to social, legal and economic protection in France on a number of grounds (violations of Article 17§1 of the Charter) for the following reasons :
- shortcomings in the national system for sheltering, assessing and guiding unaccompanied foreign minors ;
- delays in appointing an ad hoc administrator for unaccompanied foreign minors ;
- detention of unaccompanied foreign minors in waiting areas and hotels.
- the use of bone tests to determine the age of unaccompanied foreign minors is considered inappropriate and ineffective,
- the legal uncertainty surrounding access to an effective remedy for unaccompanied foreign minors ;
The EUROCEF v. France decision also covers :
- the lack of access to education for unaccompanied foreign minors aged between 16 and 18 (violation of Article 17§2 of the Charter);
- the inappropriate housing of minors or their exposure to life on the streets; (violation of Article 7§10 of the Charter);
- lack of access to healthcare for unaccompanied foreign minors (violation of Article 11§1 of the Charter) ;
- lack of access to social and medical assistance for unaccompanied foreign minors (violation of Article 13§1 of the Charter)) ;
- failure to provide shelter for unaccompanied foreign minors (violation of Article 31§2 of the Charter).
In its decision, the Committee also concluded that there had been no violation of Article 30 of the Charter and that Article E of the Charter did not apply in this case..
Link to the : réclamation d'EUROCEF c. France n°114/2015
Source: Council of Europe, 15/06/2018