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Organisations / Bodies / Institutions Archives: UN Committee on the Rights of the Child

A.D. v. Spain, Communication No. 21/2017, 4 February 2020

In this case, the applicant claims that the failure of the State to recognize the validity of the original copies of his official identity documents and his refusal to undergo unnecessary tests to assess his age led to the wrong consideration of him being an adult, which left him without State protection in violation of the principle of the best interests of the child and Article 3 of the Convention as well as Articles 18 (2), 20 (1), 8, 12, 27 and 29. The Committee found a violation of articles 3, 8, 12 and 20 (1) of the Convention and recommended that the State party: a) ensures that all procedures for assessing the age of young people claiming to be children are carried out in a manner consistent with the Convention particularly regarding the considerations of the documents submitted and the legal representation of young people without delay and free of charge, b) ensures that unaccompanied young people claiming to be children are assigned a competent guardian as soon as possible, c) develops an effective and accessible redress mechanisms that allows young unaccompanied migrants to apply for a review of any decrees declaring them to be adults, and d) provides training to authorities, judges, and other relevant professionals on the rights of migrant children.

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D.K.N. v. Spain, Communication No. 15/2017, 1 February 2019

This case concerns a citizen of Ghana who arrived in Spain in an irregular manner in 2016 stating that he is a minor and presenting a Ghanaian birth certificate. The Spanish authorities deemed this document to be invalid and ordered that the applicant undergo medical testing to assess his age. On the basis of the medical test results, the applicant had been found to be over 18 years old and a removal order was issued against him. The applicant maintained that during the procedure his right to be heard under Article 12 of the Convention was violated, a claim that was not found to be sufficiently substantiated by the Committee, as through objective evidence it was observed that the assessment of his age and the decision taken occurred after a lawyer was assigned to him and at the time of the forensic medical examination he was accompanied by a teacher from the child protection centre where he was housed.

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Communications No. 55/2018 E.B on behalf of E.H. et al. v. Belgium, 24 March 2022

The CRC Committee found that the children’s detention in closed family detention centres violated the prohibition on ill-treatment (art. 37 CRC), read alone and in conjunction with the best-interests principle (art. 3 CRC). Belgium’s failure to consider alternatives to detention, including the option of allowing the families to remain in their own homes while they pursued appeals and other judicial remedies, was an element of the finding that Belgium had not taken the children’s best interests as a primary consideration.

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UN Committee on the Rights of the Child (CRC), A.L. v Spain, Communication 016/2017, Adoption of views, 31 May 2019

The Committee recalls that the assessment of the age of a young person who claims to be a minor is of fundamental importance, as the outcome determines whether that person will be entitled to or excluded from national protection as a child. Similarly, the enjoyment of the rights set out in the Convention flows from that determination. It is therefore imperative that there be due process to assess a person’s age, as well as the opportunity to challenge the outcome through an appeals process. While that process is underway, the person should be given the benefit of the doubt and treated as a child. The best interests of the child should be a primary consideration throughout the age determination process.

https://juris.ohchr.org/Search/Details/2526

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N.B.F. v Spain, Communication No. 11/2017, 27 September 2018

The Committee recalls that the assessment of the age of a young person who claims to be a minor is of fundamental importance, as the outcome determines whether that person will be entitled to or excluded from national protection as a child. Similarly, the enjoyment of the rights set out in the Convention flows from that determination. It is therefore imperative that there be due process to assess a person’s age, as well as the opportunity to challenge the outcome through an appeals process. While that process is underway, the person should be given the benefit of the doubt and treated as a child. The best interests of the child should be a primary consideration throughout the age determination process.

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