Comparative analysis between the age assessment of young refugees in the European Union and in Brazil

Authors

Keywords:

Refugees, Young Migrants, European Union

Abstract

This scientific article aims to study the methods used by the
European Union to measure the age of unaccompanied and undocumented
young migrants. Therefore, a qualitative bibliographic research
and descriptive method will be used. Preliminarily, it investigates what
are the advantages of being considered a minor, that is, the legal regime
of special protection for children and adolescents, which grants them
rights and greater assistance. It appears that, in the European Union, the
greatest advantage of being considered a minor is the exception to the
Dublin System, which, in theory, allows a child not to be bound by the
processing of their asylum application in the first European country they
entered. Afterwards, it analyses the Directive n. 32/2013 of the European
Union, which allows the use of medical methods for age assessment, but
does not determine which can be used, leaving a wide margin for European
countries, which do not have standardization on the subject: for
example, the Constitutional Council of France amends skeletal bone to
such, while there are countries using only non-medical methods such as
social assessments. A holistic or multidisciplinary analysis is suggested
as a possible solution, in the same sense as the recommendations issued
by the Council of Europe. Finally, we investigate if such parameters can
be taken to Brazil, which is facing an intensification of migrations from
Venezuela, composed of large numbers of unaccompanied and undocumented
minors. It is concluded that, so far, the Brazilian legal system has
been more beneficial to minors, as it provides the presumption of minors,
contrary to what happens in the European Union, which practices the
use of medical methods of age measurement.

Published

2021-12-20