Age assessment practices: a literature review & annotated ... - Unicef

and it cannot be established that the child is at or above the MACR, the child shall not be
held criminally responsible‟ (United Nations Committee on the Rights of the Child, 2007,
para 35). The Committee also stresses that „if there is no proof of age, the child is entitled
to a reliable medical and social investigation that may establish his/her age and, in the case
of conflict or inconclusive evidence, the child shall have the right to the rule of the benefit of
the doubt (2007, para. 39). It has also cited the need for official systems of age verification,
focusing on objective evidence such as birth and school records (Concluding Observations:
Nepal 2005 and Concluding Observations: Bangladesh 2006 in Cipriani, 2009:135).
In General Comment No.6 on the Treatment of Unaccompanied and Separated Children
outside their Country of Origin, the UN Committee on the Rights of the Child states that
„identification measures including age assessment should not only take into account the
physical appearance of the individual, but also his or her psychological maturity. Moreover,
the assessment must be conducted in a scientific, safe, child and gender-sensitive and fair
manner, avoiding any risk of violation of the physical integrity of the child; giving due respect
to human dignity‟ (UN Committee on the Rights of the Child, 2005 para.31).
The UN High Commissioner for Refugees (UNHCR) has developed two significant sets of
guidelines relevant to the issue of age assessment. In its Guidelines for Unaccompanied
Children Seeking Asylum, UNHCR suggests that assessments should take into account
both the physical appearance and psychological maturity of the child, emphasize the need
for accuracy, safety, and dignity in the use of medical assessments, and recommend that
authorities acknowledge inherent margins of error in medical assessments (UNHCR,
1997:05).
Significantly, the guidelines also state that „the guiding principle is whether an individual
demonstrates an „immaturity‟ and vulnerability that may require more sensitive treatment‟
(UNHCR, 1997:05). More recent guidance developed in 2009 on child asylum claims takes
this principle further, stating that „there may be exceptional cases for which these guidelines
are relevant even if the applicant is 18 years of age or slightly older‟ (2009:para 7). It also
states that;
“Age assessments are conducted in cases when a child‟s age is in doubt and need to be
part of a comprehensive assessment that takes into account both the physical appearance
and the psychological maturity of the individual. It is important that such assessments are
conducted in a safe, child- and gender-sensitive manner with due respect for human dignity.
The margin of appreciation inherent to all age-assessment methods needs to be applied in
such a manner that, in case of uncertainty, the individual will be considered a child. As age
is not calculated in the same way universally or given the same degree of importance,
caution needs to be exercised in making adverse inferences of credibility where cultural or
country standards appear to lower or raise a child‟s age. Children need to be given clear
information about the purpose and process of the age-assessment procedure in a language
they understand. Before an age assessment procedure is carried out, it is important that a
qualified independent guardian is appointed to advise the child.” (UNHCR, 2009:para75).
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