There are no official procedures for assessing children’s ages. Police officers who
register children’s identities sometimes record their ages as older than that given by
the children. At other times they do not question children who claim to be adults.
Police do not register children as unaccompanied and they fail to identify and refer
children who have been traumatized or trafficked to specialized services.
While police in border areas do generally inform prosecutors—the child’s temporary
guardian—that a child migrant has been detained, prosecutors subsequently fail to
safeguard the child’s interests or keep track of a child as he or she moves through
different parts of the immigration system.
Assessing Age
The authorities have not defined any official procedures for age determination. A
presidential decree adopted in mid-July 2008 provides for the possibility of a
medical exam to determine a person’s age. It remains silent, however, on the type of
medical or other examination and provides no instruction on how to take into
account the margin of error medical examinations are prone to.34 The decree requires
that a person who claims to be a child be treated as such until the completion of the
medical examination.35
Medical examinations used to determine the age of presumed children are subject to
margins of error of up to five years.36 Pediatricians have further criticized the fact that
some exams expose children to X-ray for non-medical purposes.37 The Committee on
the Rights of the Child and UNHCR have both asked states not to base age
assessments solely on the physical appearance of a child, but to also consider his or
her psychological maturity, to take into account the margin of error that medical
exams are subject to, and to give the child the benefit of doubt.38
34
Presidential Decree 90/2008, “Adjusting Greek legislation to the provisions of the Directive 2005/85/EC on minimum
standards on procedures in Member States for granting and withdrawing refugee status,” Official Gazette A 138, art. 12.
35
Presidential Decree 90/2008, art. 12 (4) (d).
36
“Age determination is an inexact science and the margin of error can sometimes be as much as 5 years either side.” Royal
College of Paediatrics and Child Health, The Health of Refugee Children: Guidelines for Practitioners (London: 1999), p.13
37
Ibid, pp.13-14.
38
United Nations High Commissioner for Refugees (UNHCR), “Guidelines on Policies and Procedures in Dealing with
Unaccompanied Children Seeking Asylum” (hereafter UNHCR Guidelines), February 1997, http://www.unhcr.org/cgi-
Left to Survive
20
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων