France’s top constitutional authority has validated bone testing to determine the age of young migrants, despite vocal criticism by lawyers and medica
France’s top constitutional authority has validated bone testing to determine the age of young migrants, despite vocal criticism by lawyers and medical experts, who say the practice is outdated and imprecise. The council however, acknowledged that the hand X-rays may have a significant margin of error, but ruled that the law provided sufficient guarantees that would ensure the rights of each subject would be respected.
Unaccompanied migrants who are minors who arrive in France have the right to stay and be educated until they are 18. The bone tests have been used to ensure that those who say they are under 18 years of age are telling the truth.
The bone test, an X-ray of a person’s hand and their left wrist, is extremely inaccurate, Isabelle Zribi told the court, giving an example that someone could have bones that looked to be 18 years of age but was actually only 14.
A French protection of children law passed in March 2016 prohibited the examination of puberty development, but an exam can be requested by a judge, after the minor in question agrees to the exam.
“But is it constitutional or not? A minor risks being treated as an adult, so it is his right to shelter and school that is in danger, and there are also repercussions regarding punitive measures to be free,” said Zribi in court.
The case was brought to court this month after a young Guinean refused to consent to a bone exam, which the judge in his case had used as proof that he was an adult. France’s Constitutional Council is currently deliberating the case and is set to give judgment this week.
