International Journal of Legal Medicine
Volume 132, Issue 3, 2018, Pages 815-823

Ethical aspects of medical age assessment in the asylum process: a Swedish perspective (Article) (Open Access)

Malmqvist E.* , Furberg E. , Sandman L.
  • a Department of Culture and Communication, Linköping University, Linköping, 581 83, Sweden
  • b Centre for Research Ethics and Bioethics, Department of Public Health and Caring Sciences, Uppsala University, Uppsala, Sweden
  • c National Center for Priority Setting in Health-Care, Department of Medicine and Health, Linköping University, Linköping, Sweden, Academy of Care, Welfare and Work-Life, University of Borås, Borås, Sweden

Abstract

According to European regulations and the legislations of individual member states, children who seek asylum have a different set of rights than adults in a similar position. To protect these rights and ensure rule of law, migration authorities are commonly required to assess the age of asylum seekers who lack reliable documentation, including through various medical methods. However, many healthcare professionals and other commentators consider medical age assessment to be ethically problematic. This paper presents a simplified and amended account of the main findings of a recent ethical analysis of medical age assessment in the asylum process commissioned by the Swedish National Board of Health and Welfare. A number of ethical challenges related to conflicting goals, equality and fairness, autonomy and informed consent, privacy and integrity, and professional values and roles are identified and analysed. It is concluded that most of these challenges can be met, but that this requires a system where the assessment is sufficiently accurate and where adequate safeguards are in place. Two important ethical questions are found to warrant further analysis. The first is whether asylum seekers’ consent to the procedure can be considered genuinely voluntary. The second is whether and how medical age assessments could affect negative public attitudes towards asylum seekers or discriminatory societal views more generally. © 2017, The Author(s).

Author Keywords

unaccompanied minors Age assessment Asylum seekers Ethical issues

Index Keywords

human Minors Sweden refugee public policy Confidentiality Professional Role professional standard minor (person) Age Determination by Skeleton bone age determination ethics personal autonomy Humans Refugees privacy

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85033446964&doi=10.1007%2fs00414-017-1730-3&partnerID=40&md5=a199812f64a203865b3eb7dc302cdbc4

DOI: 10.1007/s00414-017-1730-3
ISSN: 09379827
Cited by: 4
Original Language: English