Non-refoulment and age assessment of minors

• Autores: Kamila Danilovna Shaibakova, Adel Ilsiyarovich Abdullin
• Localización: 3 c TIC: cuadernos de desarrollo aplicados a las TIC, ISSN-e 2254-6529, Nº. Extra 1, 2019 (Ejemplar dedicado a: Special Issue October 2019), págs. 44-57
• Idioma: inglés
• Enlaces
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• Resumen

  • Situations when legal framework overlaps with the other areas sometimes rise the important questions. The age assessment is one of those areas where medical age determination directly affects human rights. A public entity uses a person’s age to determine the age of a person in the absence of legal evidence. Medical age assessment applies more frequently in the asylum cases when unaccompanied minors arrive in a country where he/she seeks asylum. It is claimed that minors might not be fully honest concerning their age as being minor ease the application process. This is one of the reasons why medical assessment is required. However, often the assessment is not correct, and minors are declared of the full legal age.

    In addition, ways the medical assessment is carries could violate the rights per se.

    Therefore, often minors being surrendered or deported to the countries where the risks exist in reversal of the principle of no refund.