Spain - Back to top Spanish Supreme Court issue judgments regarding the age assessment of unaccompanied minors in Spain

Date: 
Monday, November 3, 2014

In two cases to the Spanish Supreme Court concerning foreign unaccompanied minors, the Court has ruled that tests to determine a minor’s age in circumstances where the minor has a valid passport are to be prohibited.

The decisions which relate to the age assessment of two minors, noted that both had valid passports determining their date of birth, yet subsequent tests determining their age as adults resulted in the loss of protection from the Administration. In response, the Supreme Court stated that both minors should be under the protection granted for unaccompanied minors in Spain, submitting that “there is no reasonable justification to perform complimentary tests to citizens already documented with a valid passport”. In fact the Court highlighted that where doubts arose regarding the credibility of the documents, courts should examine how this affects the credibility and should consider the reasons for performing a complimentary test, however any doubt based on the physical appearance of the applicant should be resolved in favour of the minors.

With regards to both documented and undocumented persons, the Supreme Court also stated that the necessary medical exams, especially if it involves invasive techniques, cannot be performed indiscriminately with the aim of determining a person’s age. In addition the Court submitted that it is the interests of the child as set out in the legislation, case-law and policy which must prevail over all other considerations in all acts adopted in this field, both by public authorities and private institutions.

 

The ELENA Weekly Legal Update would like to thank ELENA coordinator Natalia Cañiz for this information


31 October 2014                                            

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Keywords: 
Assessment of facts and circumstances
Unaccompanied minor
Tags: 
Spain