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.
Highlights
Arriving in Europe as a minor or as an adult changes radically the fate of a migrant
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
Summary
Arriving in Europe as a minor or as an adult changes radically the fate of a migrant. Being over or under the legal age of maturity determines the help that will be granted to the migrant upon arrival. Exact age is hard to measure if no birthdate is available, and even harder to prove in front of a judge. This age has to be clearly determined in order to evaluate the protection that will be granted to a migrant. The states developed the bone test technology in order to assess the age of these persons. This practice has been commonly used in Europe for decades
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