An increasing phenomenon. Every year, several thousand migrants arrive in France being minors (or declaring themselves minors) without being accompanied of any member of their family. For them, then begins a journey involving associations, local authorities and judicial institutions.
According to the “unaccompanied minors” mission from the Ministry of Justice, the year 2023 saw an increase in the arrivals of unaccompanied foreign minors in France (+31% compared to 2022). In total, 19,370 unaccompanied minors (MNA) were taken care of by child welfare (ASE).
In detail, the three main countries of origin of these young people are the Ivory Coastthe Guinea and the Tunisia. The proportions of Guineans (31.8%) and Ivorians (22.8%) are the highest ever recorded by the national mission. In question, a political and economic context marked by permanent tensions.
In 2023, unaccompanied minors aged over 16 represent 68% of the total number of unaccompanied minors. This proportion is decreasing compared to the year 2022 (75%), although there are more of them (13,188 in 2023 and 11,155 in 2022). Conversely, the proportion of unaccompanied minors aged 15 is increasingincreasing from 16.8% in 2022 to 23.1% in 2023.
However, the proportion of girls (6.8%) increased compared to 2022. We count 1,613 young people recognized as unaccompanied minors in 2023. Although they do not systematically mention it, they are particularly vulnerable and can be victims of human trafficking and of sexual or gender violence during their migratory journey.
In 2023, the increase in the number of unaccompanied minors has put strain on departmental child protection systems. Faced with overcrowding in reception facilities, the Departments have resorted to hotel accommodation. A unbearable situation for the RN deputy of Tarn-et-Garonne Marine Hamlet.
Unaccompanied minors benefit from very advantageous legislation. They are fed, housed, cleaned, they benefit from personalized support and also receive an allowance for their leisure and transport. It is estimated that a MNA costs the taxpayer around 50,000 euros per year,” assures the elected official.
“The State must protect unfortunate children who need it”
In the context of child protection, the care of unaccompanied minors is the responsibility of the child welfare services (ASE) set up by the Departments. When a person presents himself as a minor and deprived of the protection of his family, the ASE service must organize temporary emergency reception for a maximum of five days.
Practiced for decades to determine the age of unaccompanied minors, THE bone tests are controversial. They consist of x-ray the left hand and wrist from the front and to examine the ossification points of the fingers and the growth plates. The x-rays are then compared to image plates made in the 1930s and 1940s*.
This method and its reliability are called into question by numerous national authorities: ethical point of view** and a scientific point of view***. The Defender of Rights regularly advocates for the ban on bone tests as in its February 2022 report entirely dedicated to the issue of unaccompanied minors.
However, article 43 of the law of March 14, 2016 relating to child protection has included bone radiological examinations in article 388 of the civil code. It also prohibits the examination of pubertal development. Seized with a QPC, the Constitutional Council declared the provisions consistent with the Constitution in its decision of March 21, 2019.
At the end of the five-day administrative phase, the president of the Departmental Council must refer the matter to the public prosecutor. If the young person's minority or isolation is not recognized, a decision to refuse support is notified to him. Otherwise, the minor may be entrusted to the ASE or to a third party.
-The deficient care of unaccompanied minors has been highlighted in several reports in recent years***. Faced with the influx of migrants presenting themselves as unaccompanied minors, several parliamentarians plead for the transfer to the State of evaluation and shelter. This proposal is taken up by certain Departments.
The problems linked to the care of unaccompanied minors are multiple: the evaluation of the minority is entrusted to the Departments which are totally overwhelmed, and which often delegate it to pro-migrant associations which are not controlled”, denounces the RN deputy from Tarn-et-Garonne Marine Hamelet.
And to add: “Moreover, so-called minors who benefit from a presumption of minority can very well refuse to submit to bone examinations. How many migrants are today declared unaccompanied minors even though they are adults? They are clogging up the services of the 'ASE to the detriment of real suffering children'.
When they reach the age of majority, unaccompanied minors must apply for a right of residence by making a residence permit application to stay on French territory. CESEDA specifies that these cards are issued subject to conditions. Moreover, only unaccompanied minors admitted to the ASE before the age of 15 automatically acquire French nationality upon reaching the age of majority.
According to Marine Hamelet, so-called unaccompanied minors represent 20% of those supported by the ASE in Tarn-et-Garonne. If the protection of children is a duty of humanity, the parliamentarian recalls that “the reception policy for unaccompanied minors must not be distorted to the point of becoming an immigration channel in its own right”.
With her political group in the National Assembly, the RN deputy for Tarn-et-Garonne proposes to “urgently recentralize child welfare policy” and“reverse the presumption into a presumption of majority for those who refuse to submit to medical examinations”.
*The image plates were produced from a population of American children, in periods of six months to one year.
**Opinion of the National Consultative Ethics Committee (2005)
*** Report from the National Academy of Medicine (2007)
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