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S.M.A. v. Spain, Communication No. 40/2018, 28 September 2020

In this case the applicant claimed that the State violated his rights under articles 3, 8, 18 (2), 20, 27 and 29 of the Convention as well as  his right to be presumed a minor in the event of doubt or uncertainty about his age and thus acted against his best interests and in violation of article 3 of the Convention. 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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