CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ AGE ASSESSMENT OF UNACCOMPANIED MINORS IN ASYLUM LAW in Lithuania performs age assessments. In the Czech Republic, experts use this method to analyse one X-ray of both arms, including the wrists. The method of X-ray examination of the wrist bones TW3 is the predominant method in the Czech Republic, available to a greater extent and without administrative problems for the purpose of determining the age of unaccompanied alien minors. 42 The Methodological Recommendation of the Ministry of Labour and Social Affairs in its Annex No.1 sets out the list of health service providers that have contracted the performance of accurate determination of bone age by the TW3 method and are, according to the statement of the General Health Insurance Company, entitled to perform anthropometric examinations for the purpose of age identification. There are 13 such centres in the Czech Republic. 43 In addition, in Lithuania, the legal regulation provides that in cases where it is not possible to take the X-rays discussed above, the State Border Guard Service must consult with the specialists of the State Forensic Medicine Service about the possibility of determining the person’s age using other methods (by analysing X-ray photographs other areas of the body, assessing signs of puberty, analysing anthropometric data, etc.) 44 In this regard, the legal acts do not provide any further explanations. When discussing the assessment results, it should be said that in Lithuania, § 19 of the Order No. A1-229/1V-289/V-491 stipulates that in cases where the margin of error specified in the conclusion on age determination is up to two years, a person is considered a minor if the lowest possible biological age, including the deviation, is up to 18 years. However, the legislation does not say how a person’s age should be assessed when there is a more significant margin of error in the age determination. Similarly, in the Czech Republic, Paragraph 3.4 of the Guidance Note indicates that biological age can vary by up to two years. In Lithuania, Article 123(6) of Law No IX-2206 stipulates that the state covers the cost of age assessment, except in cases where the foreigner conducts the age assessment on their own initiative. The Czech Methodological Recommendation, in its Annex 1, sets out a list of health service providers that have contracted to perform accurate bone age determination using the TW3 method and are, according to the statement of the General Health Insurance Company of the Czech Republic, authorised to perform anthropometric examinations for the purpose of age identification. This examination is fully covered by the General Health Insurance Company of the Czech Republic. The Czech legislation does not provide for the possibility that the foreigner themselves would request the examination. 45 Finally, it should be mentioned that, in the Czech Republic, following Section 124 of the Aliens Act, in case of doubt, the police are entitled to detain a foreigner until their age is 42 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/. 43 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. 44 Order No. A1-229/1V-289/V-491, § 16. 45 Annex 1, 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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