Abstract

This article examines the procedural dimension of the ‘best interests of the child principle’ (Article 3 of the Convention on the Rights of the Child) in the context of age-determination procedures of child migrants. It will be argued that Article 3 (1) of the Convention on the Rights of the Child requires states to first assess all relevant elements before they determine child migrants’ best interests adhering to enhanced due process standards. Moreover, this article will analyse how the Child Rights Committee has used the best interests principle as a procedural benchmark in its ‘views’ concerning Spain’s age-determination practices.

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