Communicated cases against France (application nos. 7534/20 and 7027/20))

Friday, December 18, 2020

Two cases were communicated by the ECtHR against France. 
A.M. and others v France (application no. 7534/20) concerns the placement in administrative detention of a mother and her three minor children, aged thirteen years, six years and eight months. 
N.B. and others v France (application no. 7027/20) concerns the administrative detention of a couple and their two minor children, aged six and two years.
In both cases the ECtHR asks the parties if the placement of the applicants in administrative detention in the Metz-Queuleu and the Mesnil-Amelot centre for periods of 9 and 10 days respectively, constitutes inhuman or degrading treatment in breach of Article 3 ECHR. Further it was asked whether the detention of the children was lawful according to Article 5(1)(f) ECHR. Additionally, the ECtHR asks if the applicants had access to an effective procedure in order to challenge the lawfulness of their detention, in accordance with Article 5(4) ECHR and in particular, it asks, to what extent the minor children accompanying their parents could exercise this right. Lastly, it is asked if the detention constitutes an infringement of the applicants' right to respect for their private and family life in breach of Article 8.
Based on an unofficial translation by the EWLU Team.

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Best interest of the child
Vulnerable person