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The bone tests to determine the age of a migrant minor are in accordance with the Consititution: the decision was made this Thursday by the Constitutional Council. This practice was disputed, particularly for its lack of precision. But the highest French court found that there were enough safeguards to prevent a minor from being considered a person of full age.
A left wrist radio to determine an age. The bone tests are used by the French justice to know if a migrant child is major or not. Denounced for their unreliability, they will however remain in force. The Constitutional Council recognizes indeed their limits but does not judge these tests contrary to the Constitution.
Master Isabelle Zribi had pleaded for their ban. " The decision may seem paradoxical reading since [the Council] admits that the results of the bone examination may include a" significant margin of error ", according to its terms. But he still considers that the law provides sufficient guarantees to neutralize the lack of reliability of these tests, "she said.
Guardians who on the ground are not always respected however Isabelle Zribi who still sees a progress in the decision of the Constitutional Council. " We had safeguards that were not applied and here the Constitutional Council reminds the administrative and judicial authorities that they must apply the law on the one hand, and on the other hand, it provides clarification on this application. For example, the fact that the majority can not be inferred from the refusal is something completely new that is not in the law. "
It remains to be seen if practices on the ground will evolve. The judicial fight is not in any case over since the case could be brought before the European Court of Human Rights.