The EASO Practical Guide on Age Assessment acknowledges, inter alia, that the benefit of the doubt in age determination procedures is a key principle and safeguard since none of the currently available methods of age assessment can determine a specific age with certainty. So, if after the age assessment remains the doubt that the individual could be a child, they should be treated as such.
https://www.easo.europa.eu/publications/easo-practical-guide-age-assessment-second-edition
The European Court found that whilst mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, it cannot be inferred from this that the sole fact that the family unit is maintained necessarily guarantees respect for the right to a family life, particularly where the family is detained.
This report of the Special Rapporteur on the Human Rights of Migrants, Felipe González Morales, was submitted in accordance with General Assembly resolution 74/148 and Human Rights Council resolution 43/6. It advocates for a human rights-based approach to end child migration detention. In particular, it urges States to integrate unaccompanied migrant children into national child protection and welfare systems without any discrimination, irrespective of the child’s migration status.
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.
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:
“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.
