International Journal of Refugee Law
Volume 28, Issue 2, 2016, Pages 234-250

Junk science? Four arguments against the radiological age assessment of unaccompanied minors seeking asylum (Article)

Noll G.*
  • a Faculty of Law, Lund University, Lund, Sweden

Abstract

Should radiological age assessment be considered as a means of alleviating the doubts of a decision maker in the asylum procedure? The present article addresses this question through a number of steps. First, it questions whether the use of radiological imaging methods in the age assessment of unaccompanied adolescents seeking asylum complies with the internal norms of the forensic science community. It does not. Secondly, the article considers whether the use of these methods is scientifically authoritative according to the current state of the art in forensic medicine and traumatology. It is not. Thirdly, the article asks whether their use sufficiently safeguards against a particular kind of communicative error between decision makers and experts. It does not. The article shows that properly understood advice from a medical expert who takes into account the scientific issues enumerated in this article can never dispel doubt about an applicant's age. According to article 25(5) of the European Union (EU) recast Asylum Procedures Directive, this prevailing doubt will automatically trigger the assumption that the applicant is a child, which is the article's fourth and final argument. © The Author (2016). Published by Oxford University Press.

Author Keywords

[No Keywords available]

Index Keywords

decision making international law assessment method imaging method asylum seeker Child age

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84990028915&doi=10.1093%2fijrl%2feew020&partnerID=40&md5=4bb8404649204583e3c3c747f3c60aac

DOI: 10.1093/ijrl/eew020
ISSN: 09538186
Cited by: 8
Original Language: English