A.L., citizen of Argelia who declared to be born in February 2000, arrived to Almeria (Spain) in April 2017. After his detention by the police, he went to the hospital where underwent to a left-hand x-ray test to determine his age. The result was that his bone age was “over 19 years of age”. He was transferred to an adult detention center in Madrid.
After receiving a copy of his birth certificate, a submitted an appeal for the revision of the decree of his age assessment. The appellant declares not having received a response to such appeal and requests:
a) the recognition of the impossibility of establishing its age through the medical test performed
b) the recognition of the possibility of appeal the decree that assess his age; and
c) the recognition of all the rights that correspond to him as a minor (including the right to be heard, to receive protection from the public administration, to a legal representative, to education and to a residence and work permit that allows him to fully develop his personality and his social integration).
The Committee on the Rights of the Child examined the communication taking into account all the information provided by the parties and determined that:
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