The asylum authorities had detained an unaccompanied asylum seeking child on the ground that it was in the interest of his own safety as he had taken part in fights with other asylum seekers at the reception centre. However, the court repealed the detention order highlighting that detention should be a measure of last resort. The court noted that the child had not been heard during the administrative procedure and neither his legal representative, nor a social worker had taken part in the procedure.
Key Words Archives: Right to be heard
N.B.F. v Spain, Communication No. 11/2017, 27 September 2018
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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.
Source:
R.K. v. Spain, Communication No. 27/2017, 18 September 2019
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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.
Source:
UN Committee on the Rights of the Child (CRC), General comment No. 24 (2019) on children’s rights in the child justice system
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“This General comment replaces General comment No. 10 (2007) on children’s rights in juvenile justice. The scope of the comment is focused on children alleged as, accused of or recognized as having infringed criminal law.
UN Committee on the Rights of the Child (CRC), General comment No. 12 (2009): The right of the child to be heard
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Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on standards for the reception of applicants for international protection (recast)
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The recast “Reception Conditions Directive” is a recast of a previous Directive (Council Directive 2003/9/EC of 27 January 2003), with implementation deadline of 21 July 2015. The Directive covers also detention of asylum seekers (artt. 8-10) and of vulnerable persons and minors (art. 11).
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013L0033&qid=1634037710766