Key facts of the case:
The Family Allowances Fund refused to pay an allowance for a child of Algerian nationality to her mother, of Algerian nationality and having the French resident permit, without justification with respect to observation of the special family reunification procedure (condition under articles L.512-2 and D.512-2 of the Code of Social Security). The Court of Appeal confirmed the decision of the Family Allowances Fund.
Legal questions raised: is the difference in treatment in the area of family allocations between children having French citizenship and foreign children residing in France discriminatory? Is the difference in treatment justified?
Taking into account that articles L.512-2 and D.512-2 of the Code of Social Security have an objective character justified by the need in a democratic state to control the conditions of children's entry, they are not a disproportionate interference in the right to family life as guaranteed by Articles 8 and 14 of the Convention for the Protection of human Rights and Fundamental Freedoms, nor in breach of Article 3-1 of the International Convention on the Rights of the Child, Article 3 of Convention No. 118 of the International Labour organization and Articles 7 and 24 of the Charter of Fundamental rights of the European Union.