Age Assessment of Unaccompanied Minors in Asylum Law

Abstract

A significant number of unaccompanied minors enter the European Union each year. Minors are treated more favourably than adult migrants under EU law because they are considered more vulnerable than other migrants. In many cases, there is no document proving their identity and age and it is not always clear whether the information about the age provided by the migrant is correct. Age assessment therefore plays a crucial role in ensuring the protection of unaccompanied minors. The principles relating to the protection of unaccompanied minors are very clearly set out in international, EU, and national law, but age assessments raise a number of difficult practical issues. The article focuses on the legal regulation of the age assessment of migrants in the Czech Republic and Lithuania and the case law of national courts. A medical examination in the form of X-rays is used as the most common and reliable way of determining the age of a foreigner. In addition, the level of mental maturity must also be assessed. From the perspective of European asylum law, the problem of assessing age is one of the most underestimated practical issues that can hinder the proper application of child protection rules.