1. AGE ASSESSMENT IN CASE OF UNACCOMPANIED IMMIGRANT MINORS

2. A. AGE ASSESSMENT TEST
Most frequent tests used to determine immigrant minors’ age (tooth wrist X-ray, orthopantomography and medial clavicle epiphysis TC)
When are these tests conducted?
In case of undocumented teenagers.
In case of teenagers with valid documentation, but whose physical appearance leads to believe they have reached legal age.
In case of teenagers with valid documentation from countries with no reliable citizen register.

3. B. SHORTCOMINGS (1/3)
Indiscriminate application of these tests (whether there are doubts or not).
Inaccuracy of these tests and lack of application of margins of error because such studies have not been made yet on African population.
During the age assessment procedure, there is no initiation of the guardianship proceedings, although teenagers’ basic needs are met because they are offered immediate attention.
Condition of care facilities (not always adequate) should also be improved.

4. B. SHORTCOMINGS (2/3)
If the tests results determine the teen is a minor:
A preventive guardianship is initiated while the Administration tries to find out if there is any relative of the child living in the country. This period should not take long; otherwise, this might lead to lack of access to educational and training resources and delay in the handling of documentation proceedings.

5. B. SHORTCOMINGS (3/3)
If the tests results determine the teen has reached legal age:
The teen is expelled from the protection system and there is a lack of support in their transition from foster care to adulthood.
Legal limbo in the event tests determine that the teen has reached legal age but valid documentation determines s/he is a minor. Lack of access to adult training resources or town register (because passport determines that the teen is a minor) and also lack of access to child educational and training resources (because the tests determine s/he has reached legal age).

6. C. IMPROVEMENTS
Shortening of procedures.
Increase of the number of tests in order to improve accuracy.
There is a right of appeal within the five following days, if the tests determine that the teen has reached legal age.
Better condition of care facilities.
Free legal advice service.

7. D. CATALAN OMBUDSMAN RECOMMENDATIONS
Test should only be conducted when there is reasonable doubt and, in that case, the age taken into account should be the most favourable to unaccompanied minor’s interest (favor minoris principle)
Regardless of medical tests, public administration should verify and check the validity of documentation given by unaccompanied immigrant minors.
Unaccompanied immigrant minors should be informed and heard out during the age assessment proceedings.
In the event tests determine the teen has reached legal age, these teenagers should be given support in their transition from foster care to adulthood.
All the people involved in the procedure should be fully trained and respect international children’s rights standards.