S.L. 420.7 Art. 17Unaccompanied minors.

(1) A medical examination to determine the age of unaccompanied minors within the framework of any possible application for international protection may be carried out where, following general statements or other relevant indications, there are still doubts concerning the applicant’s age. Such medical examination shall be:

(a) conducted in a language which he understands or is reasonably supposed to understand;

(b) performed with full respect for the individual’s dignity;

(c) the least invasive possible; and

(d) carried out by qualified medical professionals allowing to the extent possible, for a reliable result.

(2) For the purpose of this regulation, the relevant authorities shall ensure that:

(a) unaccompanied minors are informed prior to the examination of their application for international protection, and in a language they understand or are reasonably supposed to understand, of the possibility that their age may be determined by medical examination. This shall include information on the method of examination and the possible consequences of the result of the medical examination for the examination of the application for international protection, as well as the consequences of refusal on the part of the unaccompanied minor to undergo the medical examination;

(b) unaccompanied minors and, or their representatives consent to a medical examination being carried out to determine the age of the minors concerned;

(c) the decision to reject an application by an unaccompanied minor who refused to undergo this medical examination has not been based solely on that refusal: Provided that an unaccompanied minor’s refusal to undergo such a medical examination shall not prevent the determining authority from taking a decision on the application for international protection, and that the best interests of the minor shall be a primary consideration in any such decision.

(3) If after a medical examination has been carried out, there is still doubt concerning the applicant’s age, the relevant authorities shall assume that the applicant is a minor, unless documents are presented which prove otherwise.