Bone Testing For Migrants’ Age Assessment: Evaluation of The European Practice Pursuant to the Standard of Proof Set By Union Law and the Supervisory Bodies of the Council Of Europe

Mona Aviat

Abstract


Drawing on the case law of CJEU and ECHR, I will criticize the European practice of bone testing for migrants. The test is currently employed in order to determine the age of individuals, which is a discriminating factor for the application of a number of rules affecting the fate of the migrant. I will argue that regarding the scientific unreliability of this practice and its danger for the health, bone tests constitute a violation of the right to private life – within Union law and the case law of the supervisory bodies of the council of Europe. 


Keywords


Bone testing, migrants, European law, French law

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