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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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