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

3 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Credibility assessment - Freedom of religion - Right to education - Right to employment | Countries: Australia - Jordan

31 July 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Chinese - Corruption - Discrimination based on race, nationality, ethnicity - Right to education | Countries: Australia - Malaysia

30 December 2013 | Judicial Body: Dominican Republic: Constitutional Court | Topic(s): Civil and political rights - Economic, social and cultural rights - Elections - Freedom of movement - Right to a nationality - Right to education - Right to health | Countries: Dominican Republic

11 October 2013 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Deportation / Forcible return - Regional instruments - Right to education - Right to family life - Right to health | Countries: Afghanistan - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

1 October 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Right to education - Social group persecution - State protection - Women-at-risk | Countries: Australia - Pakistan

Petition for review denied as the applicant failed to demonstrate a well-founded fear of persecution on account of a protected ground.

14 May 2013 | Judicial Body: United States Court of Appeals for the Sixth Circuit | Countries: Germany - United States of America

29 January 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Right to education - Roma | Countries: Hungary

5 March 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Children's rights - Right to education | Countries: Australia - Korea, Republic of

11 October 2011 | Judicial Body: Ireland: High Court | Topic(s): Ashkaelian - Children's rights - Right to education - Roma | Countries: Ireland - Serbia