Critical Analysis of the Process of Determination of the Age of Unaccompanied Foreign Minors in Spain

Alfonso Ortega Giménez & Lerdys Heredia Sánchez

Abstract: The purpose of this article is to perform a critical analysis of the procedure for determining the age of unaccompanied foreign minors in Spain and the detrimental effects that may arise from establishing the legal status of these minors. One of the basic aspects dealt with is that relating to the assessment of the age of the foreign individual, which in accordance with current regulations, will be performed according to the personal law applicable; an issue that is infringed by the Spanish Administration in this process. Furthermore, it approaches the most controversial issues that have come to light in the procedure to determine age in doubtful cases and whether or not they are related the doctrine established by the Spanish Supreme Court, which the Public Prosecutor's office repeatedly fails to implement through its ignorance of the legal effects of foreign documents and by systematically carrying out medical tests on minors.

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