A/HRC/15/29
with appropriate training and support to carry out their functions effectively.31 Under no
circumstance should unaccompanied and separated children be refused entry to the
territory.
B.
Border controls
39.
The border can be a dangerous place for migrant children, including separated and
unaccompanied children. They can be subject to high levels of violence by border guards
and arbitrary and prolonged detention, and can be denied the right to seek asylum. Children
at borders are often regarded with suspicion by officials who cast doubt on their age and
motivations for movement.
40.
Interception practices at land, sea and air borders can be arbitrary and even unlawful,
with entire groups of migrants, including unaccompanied and separated children, being
pushed back to transit countries or countries of origin. The humanitarian needs of migrants
in such circumstances, some of whom have been on the move for weeks or months, are
ignored. Because of their heightened vulnerability, children will often suffer
disproportionately. Equally seriously, protection needs can also be ignored, often with
drastic consequences.
41.
International law provides an absolute prohibition of refoulement, i.e., the return of
anyone to a country where they would be at risk of torture, cruel, inhuman and degrading
treatment,32 or the return of a refugee to any country in any manner whatsoever where his
or her life or freedom would be threatened.33 All children should have access to an effective
procedure to establish, in a child-friendly manner, the risk they would face if returned to
their country of origin, or to any risk of “chain refoulement” (i.e. removal to third countries
in which the person would be at risk of refoulement). This would include access to asylum
procedures and procedures to establish whether they have been subject to trafficking and
other serious human rights violations. Where appropriate, border authorities should
promptly refer migrant children to child protection authorities and other relevant services.
An independent guardian or legal advisor should be appointed promptly to advise and
protect separated children.34
C.
Age assessment
42.
Despite the fact that the assessment of age can be the key to being protected as a
child, many migrant and asylum-seeking children can be subject to inappropriate age
determination techniques, which can interfere with their right to privacy and violations of
their human dignity. The false belief that such techniques are an exact science can lead to
serious errors35 and can place children at risk of refoulement, detention and denial of
essential services.36
31
32
33
34
35
European Union Agency for Fundamental Rights, “Separated, asylum-seeking children in European
Union Member States”, summary report (April 2010), p. 34.
Convention against Torture, art. 3.
Convention relating to the Status of Refugees, art. 33.
SCEP, p. 16.
Medical assessment methods, such as bone and teeth analysis, are associated with a margin of error of
at least two years in either direction. This can be compounded by cultural differences in recording
age, and lack of documentary evidence. One report has noted that in some countries an official
“culture of disbelief” pervades the issue of age assessment, putting the burden of proof on the child to
prove that they are not adults. See Heaven Crawley, “When is a Child Not a Child? Asylum, Age
11
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