The UN Committee on the Rights of the Child (CRC) has concluded that France has systematically failed to uphold its obligations under the Convention on the Rights of the Child, leaving thousands of unaccompanied migrant children exposed to neglect, discrimination, and harm.
The findings follow an on-the-ground inquiry in October 2023, during which the CRC examined France’s treatment of minors arriving without guardians. The committee determined that the country’s age assessment procedures — often based on physical appearance or unreliable medical tests — were deeply flawed. These assessments frequently resulted in children being classified as adults until a judge overturned the decision, a process that could take eight months or longer.
Consequences of Faulty Assessments
During this period, children were denied access to shelter, education, and social services, forcing many to survive in parks, streets, or makeshift camps. Others attempting to reach the United Kingdom were detained in airport waiting zones or border holding centres, which the committee described as “disproportionate and arbitrary.”
The report warned that these practices have caused serious and lasting damage to children’s physical and mental health, amounting to systematic violations due to France’s repeated failure to protect minors.
International Obligations
Under Article 22 of the Convention, states must provide appropriate protection and humanitarian assistance to children seeking refugee status. Article 2 prohibits discrimination based on status. The CRC concluded that France had breached both provisions and urged the government to adopt the “principle of presumption of minority” — treating anyone claiming to be a child as such until proven otherwise.
France’s Response
France, which received the report in March, has pledged to uphold the presumption of minority and insists it guarantees shelter to unaccompanied children. However, rights groups remain skeptical, pointing to longstanding concerns over the treatment of migrants and asylum seekers.
The French government also faces a legal challenge over its bilateral agreement with the United Kingdom, which allows for the exchange of asylum seekers between the two countries. Critics argue the arrangement risks further undermining protections for vulnerable children.
Broader Context
The CRC’s findings add to mounting international scrutiny of European migration policies, particularly as conflicts, climate change, and poverty drive more minors to undertake perilous journeys. Advocates stress that safeguarding children’s rights must remain central to migration management, warning that failure to do so risks entrenching cycles of abuse and exclusion.
Excerpts from jurist.org article by Lowri Thomas | New York U. School of Law, US
