UN Committee Condemns France for Systematic Rights Violations of Migrant Children

While the Committee commended France for recognizing unaccompanied minors primarily as children in need of protection, it emphasized that the gap between policy and practice remains vast.

The United Nations Committee on the Rights of the Child (CRC) has issued a damning report finding France responsible for grave and systematic violations of the rights of unaccompanied migrant children, citing widespread neglect, flawed age assessment procedures, and the deprivation of basic needs such as food, shelter, and healthcare.

The report, published this week, follows a formal inquiry under Article 13 of the Optional Protocol to the Convention on the Rights of the Child, which empowers the Committee to investigate serious or systemic violations. The findings expose deep systemic failures in how France treats migrant children who arrive on its territory without parents or guardians.

A Dual Reality: Policy Recognition but Systemic Neglect

While the Committee commended France for recognizing unaccompanied minors primarily as children in need of protection, it emphasized that the gap between policy and practice remains vast. In theory, France’s child protection framework ensures that every unaccompanied child should be provided care and access to social services. In practice, however, thousands of children continue to be left homeless and destitute, surviving in precarious conditions in the streets, parks, or informal settlements across the country.

The Committee’s investigation revealed that a high number of minors are wrongly classified as adults following unreliable age assessment procedures. These evaluations, often conducted without the presence of a guardian, lawyer, or trusted adult, rely heavily on physical appearance or medical examinations with limited accuracy. This process frequently results in minors being denied access to the child protection system and treated as adults for months, or even years, while awaiting judicial decisions.

“The presumption of minority — a safeguard intended to protect children until proven otherwise — is not being properly applied,” the Committee stated. “This results in unaccompanied minors being excluded from protection, left without housing, education, or healthcare for extended periods.”

Life on the Margins: Children Without Protection

According to the Committee, thousands of children are living on the streets, without access to safe shelter, food, or clean water. Many are exposed to violence, exploitation, and trafficking, while others fall victim to police abuse. In cities such as Paris, Calais, and Marseille, children awaiting age determination or appeals often live in makeshift camps under appalling conditions.

Alarmingly, data gathered by the Committee indicate that between 50 and 80 percent of initial age assessments are eventually overturned by judges, confirming that many children have been wrongly excluded from protection for months at a time. This not only violates their rights under the Convention but also leaves lasting psychological and physical scars.

The Committee further noted that children transiting through France to reach the United Kingdom—particularly those in border regions such as Pas-de-Calais—are among the most vulnerable. They are routinely ignored by local authorities, lack access to any form of protection, and live in conditions the Committee described as “degrading and contrary to human dignity.”

Arbitrary Detention and Mental Health Impact

Another area of concern highlighted in the report is the detention of unaccompanied minors in airport waiting zones and other border facilities when their entry or identity is contested. The CRC labeled these practices as “disproportionate and arbitrary”, stressing that depriving children of their liberty for migration-related reasons breaches international law and causes severe harm to their mental health and development.

“These children are at high risk of trafficking, abuse, and maltreatment,” the Committee said. “Their exposure to violence, uncertainty, and neglect constitutes inhuman and degrading treatment under the Convention.”

France’s Obligations and Systemic Failures

The Committee concluded that France had breached several core provisions of the Convention on the Rights of the Child, including:

• The right to protection and care in accordance with the child’s best interests.

• The right to adequate housing, food, and healthcare.

• The prohibition of arbitrary detention for immigration reasons.

• The protection from inhuman or degrading treatment.

The violations were deemed systematic, arising from repeated failures by the State to implement adequate legal, policy, and administrative measures to protect unaccompanied migrant children. The report criticized France’s “systematic refusal” to provide essential child protection services to those awaiting age assessment decisions, leaving them vulnerable and destitute.

Government Response and Promised Reforms

The CRC shared its findings with the French Government in March 2024, granting six months for a formal response. In reply, France acknowledged several shortcomings and outlined steps it has taken to improve the situation. These include the implementation of Act No. 2022-140 of 7 February 2022 on child protection and the adoption of Decrees No. 2023-1240 and No. 2023-1253 (December 2023), which aim to enhance the placement and care of children deprived of family support.

The government also pledged to refine age assessment methods, improve inter-agency coordination, and expand emergency shelter capacity. However, rights groups argue that these measures fall short of addressing the systemic exclusion and prolonged vulnerability that thousands of migrant children still face.

UN Recommendations: Putting Children First

In its recommendations, the Committee urged France to:

• Fully apply the principle of presumption of minority until a final decision is made.

• Guarantee adequate shelter, food, water, and healthcare to all who claim to be unaccompanied minors, regardless of legal status or pending appeals.

• End the detention of migrant children in any context related to border control.

• Collect and publish comprehensive national data on unaccompanied minors to inform evidence-based policymaking.

• Strengthen independent oversight to ensure accountability in child protection and migration procedures.

A Broader European Concern

While France is the focus of this inquiry, the Committee noted that the challenges highlighted are not unique to one country. Across Europe, thousands of unaccompanied children face similar neglect amid tightening border controls and bureaucratic hurdles. The findings thus serve as a wake-up call for all EU member states to uphold their obligations under international law and prioritize the protection of migrant children above immigration enforcement.

The CRC’s report underscores a painful truth: that even in countries with strong child protection frameworks, systemic failures and administrative indifference can strip the most vulnerable of their basic human dignity. The Committee has called on France to act decisively to restore faith in its commitment to children’s rights — and to ensure that no child is left behind, stateless, and forgotten on the streets of Europe.