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28/02/2019
ECHR rules on Calais conditions for unaccompanied minors.

ECLI
ECLI:CE:ECHR:2019:0228JUD001226716
Input Provided By
EUAA IDS
Source
HUDOC ECHR
Other Source/Information:
ECHR Press Release
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
European Convention on Human Rights;
Reference
Council of Europe, European Court of Human Rights [ECtHR], Khan v France, Application no 12267/16 , ECLI:CE:ECHR:2019:0228JUD001226716 , 28 February 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=742
Case history
Related cases:
Abstract

According to the ECHR Press Release,

in the case of Khan v. France (application no. 12267/16) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights. The case concerned the failure by the French authorities to provide an unaccompanied foreign minor with care before and after the dismantling of the makeshift camps set up in the southern section of the “lande de Calais" (“Calais heath”). Large numbers of people hoping to seek asylum in the United Kingdom had for many years been living there in tents or huts, in overcrowded conditions without even the most basic sanitation. The Court was not convinced that the authorities had done all that could reasonably be expected of them to fulfil the obligation of protection and care incumbent on the respondent State vis-à-vis an unaccompanied foreign minor unlawfully present on French territory, that is to say an individual belonging to the category of the most vulnerable persons in society. For several months the applicant had thus lived in the “lande de Calais” shanty town, in an environment completely unsuited to his status as a child and in a situation of insecurity rendered unacceptable by his young age. The Court held that the extremely negative circumstances prevailing in the makeshift camps and the failure to enforce the court order intended to secure protection for the applicant amounted to a violation of the respondent State’s obligations, and that the Article 3 severity threshold had been reached. It deduced that on account of the failure of the French authorities to take the requisite action, the applicant had found himself in a situation tantamount to degrading treatment.
 

Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no 12267/16
Date of Decision
28/02/2019
Country of Origin
Keywords
Reception/Accommodation
Unaccompanied minors
Vulnerable Group