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Darboe and Camara v. Italia, No. 5797/17, ECtHR, First Section, 21 July 2022 

Type Judgment
Case number 5797/17


Compensation for (non-pecuniary) damage awarded to an unaccompanied minor due to the non-application of the principle of presumption of minority.

Normative references

Art. 8 ECHR
Art. 3 ECHR


The non-application of the principle of the presumption of minority in favor of an unaccompanied minor violates Article 8 and Article 3 of the European Convention on Human Rights, thus constituting grounds for a non-pecuniary damage claim insofar as the guarantees offered for the protection of an unaccompanied minor are affected.
(Dorboe is a Gambian minor who arrived in Italy in the summer of 2016, seeking asylum. Initially placed in a center for unaccompanied foreign minors, he is subsequently transferred to a reception center for adults, where he remains for a period of four months.)