MNA in France: validation of the essentials of French law by the ECHR… but censorship of the central point of the guarantees given, after minority, during the reversal of the presumption of minority.
MAC is a Guinean national, who says he was born on April 26, 2004 and lives in Limoges. Orphaned since 2018, AC left Guinea accompanied by his brother, of whom he lost track in Morocco. He presented himself in France as an unaccompanied minor and, in 2020, was taken into temporary care by the child welfare service.
A test then estimated that this person was not a minor.
He has some result and litigation quite protean, ending up before the ECHR.
This Court considered:
- that the threshold of gravity required to characterize the existence of treatment contrary to Article 3 of the Convention was not reached in the present case
- that the French legal framework offers, in principle, unaccompanied foreign minors procedural guarantees meeting the requirements of both Article 8 of the Convention and Article 13.
BUT when reversing the presumption of minority, the procedure did not respect sufficient procedural guarantees. The ECHR indeed considers that at this stage, in the present case, the gaps in the information, both incomplete and imprecise, which were brought to the attention of the applicant while his minority was in question, on the subject of the reversal of the presumption of minority from which he benefited, gave rise to sufficient procedural guarantees. It concludes that, in the circumstances of the case, the competent authorities did not act with reasonable diligence and that they failed in their positive obligation to guarantee the applicant's right to respect for his private life. There was therefore a violation of Article 8 of the Convention.
The Court says that France must pay the applicant 5,000 euros (EUR) for non-pecuniary damage.
-Source :
ECHR, January 16, 2025, AC v. France, n°15457/20
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