CYIL vol. 15 (2024)

LENKA SCHEU, ANŽELIKA BANEVIČIENĖ are used across Europe. However, the least invasive medical examination must be used. The qualified medical personnel must examine the foreigner, respecting their dignity. 28 The directive also set out four conditions to meet if a member state applies a medical examination, highlighted in paragraph 6. The fundamental condition is obeying the child’s best interests in the examination. The minor must be informed about the manner of such examination, the impact of the results on the outcome of the asylum procedure and the consequences of disagreeing with the medical examination. The minor or their representative must consent to the examination. A medical examination may only be carried out if, even after a declaration by the applicant for international protection or after examination of other relevant documents or facts, there are still doubts about the alleged age of the minor. Thus, emphasis is placed on establishing age from sources other than the medical examination result. It also adds the necessity to respect the dignity of each individual, establishing the obligation to have only qualified persons carry out the relevant examination and mandates that the least invasive examination be preferred. These requirements are intended to ensure the most reliable results. If there is still doubt as to the age of the person after carrying out the medical examination, they must be considered a minor. 29 Finally, the refusal of asylum cannot be based solely on a refusal of a medical assessment. However, the Directive allows a decision on an asylum application when a migrant refuses the age assessment. In such a case, during the asylum procedure, the migrant can be treated as an adult. Age assessment of unaccompanied minors has also been a topic for the European Asylum Support Office (EASO). In 2018, the EASO published a comprehensive publication on age assessments, the EASO Practical Guide on age assessment, 30 which covers the topic very broadly. The recommendation contains elaborate guidelines on how to work with a minor and determine their age. The focus of this publication is to provide guidance on the consideration of the child’s best interests when assessing the need for the age assessment and devising and undertaking an age assessment using a holistic and multidisciplinary approach. The document is developed considering the results of the EASO’s mapping of the age assessment methodologies and procedural safeguards used in the EU+ territory in 2016. The EASO indicated that an age assessment should not be standard practice; 31 therefore, the Guide indicates that there is no standardised age assessment methodology and practice in EU countries. 32 The works of scientists also confirm this. 33 However, it should be noted that this 28 Handbook on European law relating to asylum, borders and immigration, European Union Agency for Fundamental Rights, 2015. Council of Europe, 2015. ISBN 978-92-871-9958-4 (CoE), ISBN 978-92-9491 065-3 (FRA). p. 220 a n. 29 VOTOČKOVÁ, V., NOVOTNÝ, T., CHMELÍČKOVÁ, N. Určování věku nezletilých cizinců bez doprovodu – právní rámec, současné a budoucí výzvy. [Determining the age of unaccompanied foreign minors – legal framework, current and future challenges.] in: JÍLEK, D., POŘÍZEK, P. (Eds.), Ročenka uprchlického a cizineckého práva 2018, Sborník z vědeckého semináře 20. – 21. září 2018 v Brně. Kancelář veřejného ochránce práv, 2019 Available at: https://www.ochrance.cz/dokument/rocenka_cizinci_2018/. 30 EASO practical guide on age assessment, second edition, EASO Practical Guides Series, 2018. Available at: https://easo.europa.eu/publications/easo-practical-guide-age-assessment-second-edition. 31 Age assessment practice in Europe, EASO, December 2013, ISBN 978-92-9243-053-5. 32 FRONTEX, VEGA Handbook: Children at sea borders, pp. 15-16, (in addition several notes in other pages) https:// www.frontex.europa.eu/assets/Publications/General/VEGA_children/VEGA_Children_at_sea_borders.pdf. 33 ROSCAM ABBING, H. D. C., Age Determination of Unaccompanied Asylum Seeking Minors in the European Union: A Health Law Perspective, European Journal of Health Law 18 (2011) 11–25, pp. 15–19.

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