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

the Court of Appeal confirmed that only the birth date established in B.X‟s birth registration
record was valid, not the results of the skeletal assessment. The birth registration was
established by the Court of Appeal in Conkary, Guinea. 11 In both cases it is concerning that
medical tests were carried out despite the available documentation, and that both individuals
had to go through a potentially traumatic appeals process.
In the Philippines, guidance on age determination in the context of children in conflict with
the law identifies a birth certificate as the best form of evidence, followed by similar
authentic documents such as baptismal certificates and school records or any pertinent
document that shows the date of birth of the child. In the absence of this kind of
documentation, the guidance states that the testimony of the child, or of a member of the
family related to the child by affinity of consanguinity who is qualified to testify on matters
regarding the exact age or date of birth of the child, the testimonies of other persons, the
physical appearance of the child and other relevant evidence shall suffice (JLP, 2007). In
Sierra Leone, many children never had, or lost their birth certificates during the conflict.
Instead, juveniles in court often produce a sworn affidavit whose validity is sometimes
questioned by the court, as it is normally acquired after the crime is committed (Kamara,
2008). Kamara provides an example of a juvenile charged with larceny, whose counsel
applied for a no case submission on the grounds that the child was below the age of 14.
Even though a birth certificate was presented by the defence council before the court, the
prosecution challenged it on the grounds that the birth certificate was only acquired after the
crime was committed, and demanded a medical examination by a practitioner for the Births
and Deaths Registrar to be summoned to validate the age. In another case, the prosecutor
challenged the age of the juvenile even though her birth certificate was presented before the
court. The objection was made on the grounds that the age estimated by the prison doctor
was 17.5 to 18 years and that this conflicted with the birth certificate (2008:2).
In the USA, when carrying out an age determination, the Department of Health and Human
Services (DHS) must first identify any available documentation, such as a birth certificate. If
there is no original birth certificate, or the authenticity of the document is questionable, DHS
must consult the consulate or embassy of the child‟s home country to verify the validity of
the birth certificate. 12 Other objective documentation, such as baptismal certificates, school
records and medical records that indicate an individual‟s date of birth should also be
considered. If the alien is already in custody, sworn affidavits from parents and other
relatives as to the alien‟s age or date or birth should be considered. The guidance states
that biometric determinations and forensics should only be used as a last resort, if the above
information is not available (U.S. Department of Health and Human Services, 2009).
However, the Department of Homeland Security‟s Office of the Inspector General raised
concerns that Immigration and Customs Enforcement was unable to provide data showing
11 Court of Appeal of Lyon, Special Chamber for Minors, decision regarding President of the Conseil General vs.
B.X., 26 April 2004 (2 nd instance tribunal) http://www.gisti.org/IMG/pdf/jur_ca_lyon_2004-04-26.pdf
12 The guidance states that Embassy or consular officials MUST NOT be contacted if the alien is from a know
refugee producing country, e.g. Burma, or if the alien has expressed a credible fear of persecution by his/her
government.
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