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Administratively detained irregular migrants and asylum seekers
i. Legislative Framework
The Ministerial Decision 92490/4-10-2013 specifies the procedures
of age assessment of minors at First Reception Centers. According to
paragraph 3 of article 6 «in case there is specifically justified doubt
as to the age of the third country national, and the person may
possibly be a minor, then an age assessment is undertaken by the
medical control and psychosocial support team, to which the person
is referred to for an assessment.» According to par. 4 of the same
article «initially, the age assessment will be based on macroscopic
features, such as height, weight, body mass index, voice and hair
growth, following a clinical examination from a paediatrician, who
will consider the somatometric data. […]The paediatrician will justify
his/her final estimation based on the aforementioned examination
data and observations» and according to par. 5 «in case age cannot
be adequately determined through the examination of macroscopic
features, an assessment will follow by the psychologist and the
social worker of the division in order to evaluate the cognitive,
behavioural and psychological development of the individual. The
psychosocial divisions’ evaluation report will be submitted in writing.»
In accordance with par. 6 «wherever a paediatrician is not available
or when the interdisciplinary staff cannot reach any firm conclusions
and only as a measure of last resort, the person will be referred to
a Public Hospital for specialised medical examinations», such as left
wrist and hand x-rays, dental examination and panoramic dental x-ray
for the estimation of the person’s age. In compliance with par. 7 «the
estimations and the assessment results are delivered to the Head of
medical control and psychosocial support division, who recommends
to the Head of the Center the official registration of age, noting also
the reasons and the evidence supporting the relevant conclusion».
According to par. 9 of the same article «in any case, the application of
the principle of equal treatment and the ensuring of the best interests
of the minor should be a primary obligation when implementing the
provisions of the current article», and finally in accordance with par. 10
«during the procedure of age determination as well as in case of doubt
after its completion, the presumption in favour of childhood prevails».
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