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Opinion Articles

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

Author:

Mona Aviat

Vrije Universiteit Amsterdam, NL; Université Paris Nanterre, FR; Amsterdam Law Forum, NL
About Mona
Mona Aviat is an LLM student specializing in International Migration and Refugee Law. Simultaneously, she is following a comparative master in International and European Law. She is an editor.
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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.

How to Cite: Aviat, M., 2019. 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. Amsterdam Law Forum, 11(3), pp.42–49. DOI: http://doi.org/10.37974/ALF.338
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Published on 01 Jun 2019.

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