Children’s right to protection and care
presumed to be a child and receive immediate assistance, support and protection.29
Applying restrictive age assessment approaches to treat
children as adults in asylum procedures may result in
violations of their rights under international human
rights law, according to the UNHCR.30 The UNHCR suggests that age assessments should take into account
not only the physical appearance of the child but also
their psychological maturity. Likewise, the UN Committee on the Rights of the Child requires assessments to
be conducted in a scientific, safe, child- and gendersensitive and fair manner, avoiding any risk of violating
the child’s physical integrity, and giving due respect to
human dignity.31
Having a proper age assessment procedure in place
helps ensure children’s access to rights, including placement in age-appropriate facilities, and promotes respect
for child-specific safeguards against arbitrary detention.
Tools and guidance: EASO tool
advising Member States on age
assessment
The EASO is producing a tool to highlight the
key points to consider when undertaking age
assessments in accordance with international,
European and national legislation. The tool,
which is expected to be made available in 2017,
aims to serve as a guide for policymakers and
officials dealing with the development, review or
implementation of age assessment policies and
procedures. The tool complements an overview
of age assessment practices published by EASO in
December 2013.
For more information, see EASO’s website
In all cases involving age disputes regarding a person
who claims to be a child, a guardian should be appointed
to support and represent the individual throughout
the procedure. Where medical examinations are used,
29 Directive 2011/36/EU of the European Parliament and of
the Council of 5 April 2011 on preventing and combating
trafficking in human beings and protecting its victims,
OJ 2011 L 101 , pp. 1–11 (Anti-Trafficking Directive). See also
Council of Europe, Convention on Action against Trafficking
in Human Beings, CETS No. 197, 2005, Article 10.
30 UN High Commissioner for Refugees (UNHCR), Guidelines on
International Protection: Child Asylum Claims under Articles
1 (A) 2 and 1 (F) of the 1951 Convention relating to the Status
of Refugees, 22 December 2009, HCR/GIP/09/08, para. 75.
31 UNHCR, UNHCR observations on the use of age assessments
in the identification of separated or unaccompanied children
seeking asylum, 1 June 2015, para. 9; UN, Committee on
the Rights of the Child, General Comment No. 6 (2005):
Treatment of Unaccompanied and Separated Children
Outside their Country of Origin, 1 September 2005, CRC/
GC/2005/6, para. 31 (i). See also, UNICEF (2013), Age
Assessment: A Technical Note, Working paper, Geneva.
unaccompanied children and/or their representatives
must consent to the procedure (Asylum Procedure
Directive, Article 25 (5)). Despite existing legal provisions, in practice, age assessment procedures frequently take place without the prior appointment of
a guardian, FRA has found.32
A lack of appropriate age assessment procedures may
result in child detention. For example, in the United
Kingdom, reports from Her Majesty’s Inspectorate of
Prisons (HMIP)33 and from the Refugee Council34 indicate
that immigration officers – who have not been appropriately trained – make swift decisions regarding the
age of applicants, without involving the local authorities, who are officially entrusted with age assessment
and bound by strict legal requirements.35 In Hungary,
during three monitoring visits to detention facilities in
2014, the Hungarian Helsinki Committee found at least
30 unaccompanied children who looked very young and
claimed to be under 18, but were deemed adults by the
authorities.36 Reports from Bulgaria, Spain and Italy suggest that children there are also improperly identified
as adults or attached to and registered with unrelated
adults and, as a result, being detained.37
Children are also detained when their age is disputed
and while they wait for age assessments to be completed. Pending age assessment, a person should be
treated as a child. Some Member States ban the detention of unaccompanied children for immigration-related
purposes, but allow it when age is disputed. For example, in Belgium, a person who claims to be a child can be
32 FRA (2015), Guardianship systems for children deprived of
parental care in the European Union: With a particular focus
on their role in responding to child trafficking, Luxembourg,
Publications Office. See also FRA (2016), Monthly overviews
of current migration situation, Thematic focus: Children,
Luxembourg, Publications Office.
33 United Kingdom, HM Inspectorate of Prisons (2016) ‘Report
on an unannounced inspection of the short-term holding
facilities at Longport freight shed, Dover Seaport and
Frontier House 7 September, 1–2 and 5–6 October 2015’,
page 15.
34 See Refugee Council, ‘Not a minor offence: unaccompanied
children locked up as part of the asylum system’, May 2012.
35 See in this context also EASO (2013), Age assessment
practice in Europe, December 2013, p.85.
36 Hungarian Helsinki Committee (2014), ‘Information Note on
Asylum-Seekers in Detention and in Dublin Procedures in
Hungary’, May 2014, p. 12.
37 Bulgaria, Ombudsman of the Republic of Bulgaria
(Омбудсман на Република България) (2016), Annual
Report of the Ombudsman of the Republic of Bulgaria as
a National Preventive Mechanism 2015 (Годишен доклад на
Омбудсмана на Република България като Национален
превантивен механизъм 2015), 15 February 2016,
p. 22, See also Human Rights Watch (2014), Universal
Periodic Review Submission: Bulgaria, September 2014.
Spain, Pueblos Unidos, Situación actual de los centros de
internamiento de extranjeros en España y su adecuación
al marco legal vigente, June 2015. Italy, ASGI (Associazione
Studi Giuridici Immigrazione) and the association ‘Antigone’
have expressed serious concerns about this kind of
situations, which, according to their experience, are
increasingly frequent.
21
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