Case Law

This decision concerns several violations to the right of unaccompanied foreign minors to social, legal and economic protection in France on several grounds (violations of Article 17§1 of the Charter) due to: •shortcomings identified in the national shelter, assessment and allocation system of unaccompanied foreign minors; •delays in appointing an ad hoc guardian for unaccompanied foreign minors; •the detention of unaccompanied foreign minors in waiting areas and in hotels; •the use of bone testing to determine the age of unaccompanied foreign minors considered as inappropriate and unreliable; •a lack of clarity to access an effective remedy for unaccompanied foreign minors;

24 January 2018 | Judicial Body: Council of Europe: European Committee of Social Rights | Legal Instrument: 1961 European Social Charter | Topic(s): Economic, social and cultural rights - Effective remedy - Right to education - Unaccompanied / Separated children | Countries: France

10 November 2014 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Economic, social and cultural rights - Illegal immigrants / Undocumented migrants - Migrant rights | Countries: Netherlands

10 November 2014 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Economic, social and cultural rights - Illegal immigrants / Undocumented migrants - Migrant rights | Countries: Netherlands

21 January 2013 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Children's rights - Housing, land and property rights (HLP) - Illegal immigrants / Undocumented migrants - Immigrants - Rights of non-citizens | Countries: Netherlands

23 October 2012 | Judicial Body: Council of Europe: European Committee of Social Rights | Countries: Belgium

24 January 2012 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Discrimination based on race, nationality, ethnicity - Economic, social and cultural rights - Expulsion - Extreme poverty - Housing, land and property rights (HLP) - Roma | Countries: France

7 December 2011 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Access to procedures - Asylum-seekers - Children's rights - Economic, social and cultural rights - Reception | Countries: Belgium

25 June 2010 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Discrimination based on race, nationality, ethnicity - Housing, land and property rights (HLP) - Immigration law - National security / Public order - Roma | Countries: Italy - Romania

22 June 2010 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Economic, social and cultural rights - Effective remedy - Housing, land and property rights (HLP) - Serb | Countries: Croatia

Decision on the merits.

20 October 2009 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Asylum-seekers - Children's rights - Housing, land and property rights (HLP) - Reception - Unaccompanied / Separated children | Countries: Netherlands