ECtHR) identified in Darboe and Camara v. Italy51 two main procedural safeguards that should be applied in age assessment procedures, first, the right
to an appointment of a guardian or a representative, second, the right of the
applicant to information in the framework of the age assessment procedure.
The Court based these procedural safeguards on the principle of presumption
of minority which shall be applied. Also, further procedural safeguards might
be derived from the judgment, such as right to an informed consent with the
medical examination, right to have the medical results be delivered to the
applicant with an indication of the possible margin of error of the medical
examination and to have a decision present which the applicant can appeal
to challenge the results of the age assessment procedure. Furthermore, the
age determination should take place as soon as possible.52
2. Rules and practices in member states
46. In some countries, a refusal to undergo an age assessment test without
valid reasons can have as the consequence that the person is considered to
be an adult.53
47. It should be stressed, that not all member states apply an age assessment
procedure that follows the aforementioned international standards. In some
states, age assessment is based on physical appearance and development.54
At the same time, other states expressly forbid such methods.
48. One state55 indicated that, according to ministerial guidance on assessing
age guidance, immigration officers may only treat an individual as an adult
where they have no credible and clear documentary evidence proving their age.
There is a deliberately high threshold and, where there is doubt, an individual
will be treated as a child pending further observation and consideration by
a local authority, usually in the form of an holistic, social worker-led assessment which must adhere to principles that have been set out by the courts.
It typically involves interviews between the individual and two appropriately
qualified and experienced social workers. They should also consider any
other information obtained, including the views of other individuals with a
role in the young person’s life. A young person will be given the opportunity
to have an appropriate adult who provides assistance to the young person
with understanding, support, helping communication and offering comfort.
51.
52.
53.
54.
55.
Darboe and Camara v. Italy, No. 5797/17, § 128 and §§ 151-157, 21 July 2022.
T.K. v. Greece, No. 16112/20, §§ 23-24, 18 January 2024.
E.g. Lithuania, Poland, Slovenia and Sweden.
E.g. Montenegro.
United Kingdom.
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