On 15 June 2018, the European Social Charter published the decision of the European Committee of Social Rights on the merits of the complaint European Committee for Home-Based Priority Action for the Child and the Family (EUROCEF) v. France (No. 114/2015).

The 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 and a lack of clarity to access an effective remedy for unaccompanied foreign minors.

EUROCEF v. France also concerns lack of access to education for unaccompanied foreign minors aged between 16 and 18 years (violation of Article 17§2 of the Charter); inappropriate accommodation of minors and their exposure to life on the street; (violation of Article 7§10 of the Charter); lack of access to health of unaccompanied foreign minors (violation of Article 11§1 of the Charter); lack of access to social and medical assistance of unaccompanied foreign minors (violation of Article 13§1 of the Charter); lack of provision of a shelter (violation of Article 31§2 of the Charter). In its decision, the Committee also concludes that that there is no violation of Article 30 of the Charter and that Article E of the Charter is not applicable to the instant case.

The decision is currently on the agenda of the Committee of Ministers for consideration of the follow-up to be given to it.