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Key Words Archives: Right to a fair hearing

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.

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UN Committee on the Rights of the Child (CRC), R.K. v Spain, Communication 027/2017, Adoption of views, 18 September 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 under way, 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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Council of Europe Parliamentary Assembly Resolution 1707 (2010): Detention of asylum seekers and irregular migrants in Europe

The Council of Europe Parliamentary Assembly invites to closely monitor the situation of the detention of asylum seekers and irregular migrants and establishes guiding principles in relation to legally permissible detention and minimum standards for conditions of detention. Furthermore, it encourages member states to examine and use to a much greater extent alternatives to detention.

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Convention on the Rights of the Child

The Convention was adopted by resolution 44/252 of 20 November 1989 at the Forty-fourth session of the General Assembly of the United Nations. It entered into force on 2 September 1990. The States Parties amount to 196 (in October 2021) and is the most widely ratified international instrument world-wide. The Convention provides for a set of rights to which all children are entitled.

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