The case involves a Guinean national who sought asylum in Belgium, asserting she was a child. Following an x-ray bone test, experts concluded she was over 18. During a following interview with the guardianship office, she presented documents related to her birth certificate, which were rejected, leading to the termination of guardianship support. Consequently, she was transferred to a centre for adults.
The European Court of Human Rights (ECtHR) ruled that there had been a violation of Article 8 of the European Convention on Human Rights (ECHR) due to insufficient safeguards in the process that resulted in the withdrawal of her support as an unaccompanied minor. The Court observed that the absence of free and informed consent for the medical age assessment could constitute an interference with the individual’s physical integrity. It emphasized that, given their invasive nature, medical examinations should only be used as a last resort, where alternative means of dispelling doubts about the person’s age had proven inconclusive.
Read the full decision here.