JNVR 2025/8 - Obstacles to the Right to Mental Health: the Effects of Age Assessment Practices on Unaccompanied Minors in France
Aflevering 2, gepubliceerd op 04-06-2025 geschreven door L. Braillon LLMThis article investigates the extent to which age assessment practices can be an interference to the enjoyment of the right to the best attainable standard of mental health of UAM in France. It found that the right to mental health is guaranteed for UAM in France in international human rights law, European law and national law. France is bound by its commitments to this legislation and must respect, protect and fulfil the right to mental health of UAM to the extent of its available resources, the best interest of the Child (BIC) being a crucial consideration in the process. Nonetheless, for children’s rights to be upheld, UAM must be assessed to be under 18 years old. By analyzing NGO reports on age assessment practices in France, two main conclusions were drawn: the age assessment process not only contributes to the deterioration of UAM’s mental health, but it also renders particularly difficult their enjoyment of the right to the best attainable standard of mental health, for instance by restricting access to mental healthcare and psychosocial support.