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21/03/2019
FR: The Constitutional Council ruled on the constitutional protection of the best interest of the child with regards to the bone assessments to determine the age of the minors asylum seeker.

ECLI
Input Provided By
EUAA IDS
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Decision
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
France, Constitutional Council [Conseil constitutionnel], Mr. Adama S., Decision n° 2018-768 QPC, 21 March 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=692
Case history
Related cases:
Abstract

On 21 March 2019, the French Constitutional Court ruled on a case concerning the use of bone assessment to determine the age of asylum seekers. The case concerned a young Guinean who claimed to be 15 years-old upon arriving in France in 2016. However, a bone age assessment concluded that the applicant was between 20 and 30 years-old. With the support of several civil society organisations, the case was taken to the Constitutional Court as a preliminary priority question. The applicant stated that the radiological examination of bones violated the principle of the best interests of the child, since the margin of error may lead unaccompanied minors (UAMs) to be excluded from the beneficial provisions designed to protect them. The Court asserted the constitutional character of such principle, but did not recognise the existence of a margin of error to make the test unconstitutional.

Country of Decision
France
Court Name
FR: Constitutional Council [Conseil constitutionnel]
Case Number
Decision n° 2018-768 QPC
Date of Decision
21/03/2019
Country of Origin
Keywords
Assessment of Application
Minor
Unaccompanied minors