A boy in a migrant camp in Calais, northern France. UN Committee: France has committed serious violations of the rights of migrant minors Refugees and migrants
The UN Committee on the Rights of the Child (CRC) has found France responsible for “serious and systematic” violations of the rights of unaccompanied migrant minors. Many are homeless, deprived of basic care, and living in conditions the Committee has described as “degrading” and “contrary to human dignity.”
In a report released today, CRC experts welcomed France’s view of unaccompanied minors primarily as children in need of care and protection who should be given a place in the child protection system.
Presumption minorities
However, as the Committee has pointed out, a significant number of persons who claim to be children are recognized as adults through a number of “erroneous” procedures. Such assessments are often based on physical appearance or unreliable medical examinations conducted without the participation of a trusted adult, legal guardian, or attorney. As a result, children are systematically denied access to protection systems.
The presumption of minority, which is supposed to protect the child until the contrary is proven, in France only applies until the initial decision on age is made. Those whose age is disputed or whose appeals are pending are denied support, leaving them to survive on the streets, in parks or makeshift camps without adequate food, water, medical care or education. They remain in this position until the final decision of the court. However, the proportion of those ultimately found to be minors ranges from 50 to 80 percent. abuses,” the committee added.
Experts also documented the serious problems faced by migrant minors passing unaccompanied through France on their way to the UK. They receive no support from the security system and live in extremely unsafe conditions.
Some minors remained in airport holding areas or other border crossing detention centers when their identity or eligibility to enter was in doubt. The Committee described the deprivation of liberty of such children as “disproportionate and therefore arbitrary,” adding that it was detrimental to their mental health. While there is no comprehensive data on the number of children affected, CRC members stressed that the problem is widespread and long-lasting and widespread throughout the country, including Paris and major border cities.
The Committee concluded that France had violated its obligations under the Convention on the Rights of the Child. According to the experts, “a large number of unaccompanied minor migrants have suffered serious harm and lasting consequences for their physical and mental health and development.”
They also found the violations to be systematic, noting “the State party’s repeated failure to implement legal, policy and other measures to protect unaccompanied migrant minors living on the streets, in tents and temporary camps.” Thus, France “systematically denied these children protection services, depriving them of access to adequate living conditions and basic services.”
As a result of its investigation, the Committee previously made a number of recommendations to France. These include giving those claiming to be minors the presumption of childhood, and guaranteeing all such children access to housing, food and water, so that no child, including those awaiting an appeal decision, is forced to live on the streets or in an informal camp. France reported on measures taken in response to the Committee’s findings, including the further implementation of Law No. 2022-140 on the protection of children, as well as the adoption of regulations aimed at improving procedures for the placement and care of children deprived of family Wednesday.
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The Committee on the Rights of the Child (CRC) consists of 18 independent experts who monitor the implementation of States Parties to the Convention on the Rights of the Child. It also monitors compliance with the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.