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France
Country of Decision : France
Court Name : FR: Constitutional Council [Conseil constitutionnel]
Date of decision : 21/03/2019
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : Decision n° 2018-768 QPC

Mr. Adama S.

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.

Assessment of Application; Minor; Unaccompanied minors;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

France,FR: Constitutional Council [Conseil constitutionnel], Mr. Adama S., 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.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=692