Guardianship Wheels
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Age and evolving capacities of the child

Age

Age

Age is an important marker of identity of a person and in particular, age is decisive to understand if a person is a child or an adult. In accordance with the UN Convention on the Rights of the Child, a child is any person who has not yet reached the age of 18.

In EU Member States, 18 is the age of majority. The age of majority is the age at which a child becomes an adult and acquires full legal capacity. Having reached the age of majority means that a person can engage in legal activities and is liable for contractual obligations.[1]

A person’s age is documented by a birth certificate and identity documents, such as passports or ID cards. Unaccompanied children are not always in possession of these documents and, in some cases, may not be able to state an exact age. Where there are reasonable doubts about the age of a young person and it is unclear if the person is an adult or a child, an age assessment may be considered to be in the best interests of the child.

See also:

Centre: The child
Level 6: Identification; Age assessment

References:


EU training and learning platform for guardians of unaccompanied children

Chapter 3, Session 3.2. From arrival to durable solution: decisions and proceedings

Literature:


FRA (European Agency for Fundamental Rights) (2018), Age assessment and fingerprinting of children in asylum procedures, Minimum age requirements concerning children’s rights in the EU, Luxembourg, Publications Office of the European Union (Publications Office).

FRA (European Agency for Fundamental Rights) (2018), Mapping minimum age requirements concerning the rights of the child in the EU, Luxembourg, Publications Office of the European Union (Publications Office).

UN Committee on the Rights of the Child (2016), General Comment No. 20 on the implementation of the rights of the child during adolescents, CRC/C/GC/20, 2016. UN Committee on the Rights of the Child (2005), General Comment No. 7, Implementing child rights in early childhood, CRC/C/GC/7, 2005.  




[1] For further information, see the European Union Agency for Fundamental Rights’ website on the age of majority .

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