CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ AGE ASSESSMENT OF UNACCOMPANIED MINORS IN ASYLUM LAW is a non-binding document. There are no later publications presenting whether EU countries have followed the guidance provided in this document. Therefore, the comprehensive data about implementing this Practical Guide is publicly unavailable. Lithuanian and Czech laws on age assessment In Lithuania, Article 123(1) of Law No IX-2206 establishes that a biological age assessment is carried out when there are reasonable doubts as to whether the age indicated by the foreigner is correct. Similarly, Section 89 of the Asylum Act defines grounds for age assessment in the Czech Republic. In both countries, doubt can be supported by the fact that foreigner does not have documents proving their identity and age. 34 In Lithuania, the age of unaccompanied children asylum seekers is assessed following the procedure established by order of the Minister of the Interior No 1V-131, and for other unaccompanied children, the procedure established by the order of the Minister of Social Security and Labour, the Minister of the Interior, and the Minister of Health No. A1-229/1V 289/V-491. In the Czech Republic, the age of asylum seekers is assessed in accordance with the procedure laid down in the Asylum Act and the Act on the Residence of Aliens. The competent authorities are the Ministry of the Interior, the Ministry of Health, and the Authority for Social and Legal Protection of Children. In Lithuania, § 14 of the Order No. A1-229/1V-289/V-491 requires that age assessment be age – and gender-specific and ensure respect for the individual’s dignity, with the child’s best interests as a primary consideration. In both countries, if, after the age assessment, there are still doubts about the asylum seeker’s age, the legal regulation requires that such an asylum seeker be treated as a minor. 35 In both countries, age assessment can only be done with a person’s consent. 36 Article 123(1) of Law No IX-2206 specifies that consent on behalf of an unaccompanied foreigner’s child must be given by the representative appointed for the child upon their arrival in Lithuania. According to the Czech Methodological Recommendation, the condition of consent to examination can only be applied if the consent to a medical examination to verify age is consistent with the maturity level of the unaccompanied minor. The minor must be informed in advance, in a language they understand, of the possible medical consequences as well as the consequences of refusing the examination. These consequences are very serious in nature and consist of the foreigner being regarded as an adult. The consent of the foreigner should not be replaced by the consent or non-consent of their guardian. Indeed, it can be assumed that where there are doubts about the unaccompanied person’s sufficient maturity to give consent, doubts will not arise about their status as a minority. 37 34 Methodological Recommendation No. 1/2016 of the Ministry of Labour and Social Affairs of 23 August 2016. On the procedure of municipal authorities of municipalities with extended competence in providing social-legal protection to unaccompanied foreign minors. 35 § 147 of the Order No 1V-131 of the Minister of Interior of Lithuania; Section 89 of the Czech Asylum Act, Section 124 of the Czech Aliens Act. 36 Article 123(1) of Lithuanian Law No IX-2206, Section 89 of the Czech Asylum Act, Section 124 of the Czech Aliens Act. 37 Methodological Recommendation No. 1/2016 of the Ministry of Labour and Social Affairs of 23 August 2016. On the procedure of municipal authorities of municipalities with extended competence in providing social-legal protection to unaccompanied foreign minors.

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