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C.O.C. v. Spain, Communication No. 63/2018, 29 January 2021

In this case the applicant maintained that the State failed to respect his right to be presumed to be a minor in the event of doubt or uncertainty and thus acted against his best interests and in violation of article 3 of the Convention, putting him at a real risk of suffering irreparable harm as a consequence of his having been placed in a detention centre for adults and ordering the return to his country of origin. The author also claimed to be a victim of a violation of his rights under Articles 18 (2), 20 (1), 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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