European legal and policy framework on immigration detention of children 1.1. Establishing whether an individual is a child Detention constitutes the most severe limitation on the right to liberty set out in Article 6 of the Charter and Article 5 of the European Convention on Human Rights (ECHR). Any deprivation of liberty must respect the strict safeguards that have been established to prevent unlawful and arbitrary detention. Being a child makes a significant difference in this context (see Chapter 2). Child protection efforts can only be applied if authorities promptly identify and register children. Therefore, it is important to establish if an individual is under 18 and thus considered a child under the CRC. Article 8 of the CRC obliges states to respect children’s right to identity. Age is an integral component of a person’s identity. It is essential to ensure access to, and adequate protection of, child rights. The right to identity implies an obligation to assist a person in asserting their identity, which may involve confirming the person’s age and/or their minority. Ø In the absence of reliable documentary evidence, there are no conclusive medical methods to establish the exact age of a child. Age assessment methods have a  margin of error of 1–2 years.25 It may, therefore, be challenging to establish whether or not a  person is a  child. Pending age assessment, a person should be treated as a child. Age assessment procedures should only be used when there are serious doubts about a child’s age. Normally, authorities should register the age that the person declares. In practice, three situations can necessitate assessing a child’s age. First, a child may not know their age and no documentary or other evidence may be available. Second, someone older than 18 years may claim to be a child. Third, a child may insist that they are over 18 years to avoid national child protection systems; for example, Nigerian girls at risk of trafficking have done this upon reaching southern Italy.26 Age assessments are in principle carried out by national authorities, but Frontex may also be involved when it supports national authorities in screening new arrivals. Under Regulation (EU) 2016/1624, Frontex has significant 25 See e.g. UNICEF (2011), Age assessment practices: a literature review and annotated bibliography, Discussion paper, April 2011. 26 FRA (2016), Opinion on fundamental rights in the ‘hotspots’ set up in Greece and Italy, Luxembourg, Publications Office. ee also International Organisation for Migration (IOM) (2015), Rapporto sulle vittime di tratta nell’ambito dei flussi migratori misti in arrivo via mare, aprile 2014-ottobre 2015. 20 responsibilities in terms of facilitating child protection. According to Article 14 (3), for example, operational plans must include procedures to direct unaccompanied children to the competent national authorities for appropriate assistance. An erroneous recording of a child’s age during Frontex-supported screening can result in the deprivation of the child’s liberty.27 FRA ACTIVITY Promoting a fundamental rights approach to age assessments Already in its 2010 report on separated children seeking asylum, FRA emphasised that age assessments should be used only where there are grounds for serious doubt regarding someone’s age. Age assessments should be gender-appropriate, conducted by independent experts who are familiar with the child’s cultural background, and fully respect the child’s dignity. Recognising that age assessments cannot be precise, when in doubt, authorities should treat a person as a child and should permit appeals against age assessment decisions. Source: FRA (2010), Separated, asylum-seeking children in European Union Member States, Luxembourg, Publications Office Article  25  (5) of the Asylum Procedures Directive provides that, before proceeding to medical examinations to determine the age of asylum-seeking unaccompanied children, consideration must be given to general statements and other relevant indications.28 If Member States are still in doubt regarding the age after the medical examination, they must consider the applicant to be a child. Article 13 (2) of the Anti-Trafficking Directive underlines that, where there are reasons to believe that a person is under 18, he or she should be 27 See in this context European Court of Human Rights (ECtHR), Mohamad v. Greece, No. 70586/11, 11 December 2014, paras. 6 and 13. 28 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, OJ 2013 L 180, pp. 60-95 (Asylum Procedures Directive).