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Diakitè v. Italia, No. 44646/17, ECtHR, First Section, 14 September 2023

Date
14/09/2023
Type Judgment
Case number 44646/17

Abstract

Placement of an unaccompanied minor migrant in a reception center for adults. Violation of the right to respect for private and family life and of the prohibition of inhuman and degrading treatments.
 

Normative references

Art. 8 ECHR 
Art. 3 ECHR
 

Ruling

The non-application of the principle of the presumption of minor age in favor of an unaccompanied migrant who declares his age to be minor by producing a birth certificate attesting it to be so, undermines the guarantees offered for the protection of unaccompanied minors and violates Article 8 and Article 3 of the European Convention on Human Rights, causing non pecuniary damages.