Guardianship Wheels
Systemic Resource Center

Level 6 |
Promoting the rights and the best interests of the child

Identification

Identification

The guardian represents the child and advocates for the rights and the best interests of the child in the context of identification.

In the identification phase, state officials check the child’s identity documents, if and as available, and interview the child to establish their identity, in particular name, date and place of birth, sex, nationality and place of residence. Passports, identity cards and birth certificates are typically considered proof of identity, although national approaches differ from country to country. In cases where state officials have reasonable doubts about the child’s identity, further measures may be taken. The child may be asked, for instance, to produce additional documents, state officials may gather information concerning the child, and the child may be referred to age assessment.

Where a child is travelling together with family members or unrelated adults, service providers may assess these relations to understand their nature and quality as this may be relevant for deciding whether the child should be registered and referred as an unaccompanied child. Identification measures also aim at establishing whether the child is a victim of any form of violence or exploitation, or at risk and in need of special protection services.

States have an obligation and a legitimate interest in identifying the persons who are entering their territories. The correct identification of unaccompanied children is a precondition for States to comply with their obligations towards children under international, European and national law, for instance to devise the necessary follow-up measures, such as appropriate referral and, where relevant, family tracing and reunification, transfer or relocation.

Measures for the identification and registration of unaccompanied children should be closely coordinated with the child protection system for children and relevant referral mechanisms.

See also:

Level 1: The child
Level 3: Arrival
Level 4: Age and evolving capacities of the child

Literature:


European Law Blog (2021), Eurodac: Biometrics, facial recognition, and the fundamental rights of minors.
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).  

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