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Junk Science? Four Arguments Against the Radiological Age Assessment of Unaccompanied Minors Seeking Asylum

Noll, Gregor LU (2016) In International Journal of Refugee Law 28(2). p.234-250
Abstract
Should radiological age assessment be considered as a means of alleviating thedoubts of a decision maker in the asylum procedure? The present article addressesthis question through a number of steps. First, it questions whether the use of radiologicalimaging methods in the age assessment of unaccompanied adolescents seekingasylum complies with the internal norms of the forensic science community. Itdoes not. Secondly, the article considers whether the use of these methods is scientificallyauthoritative according to the current state of the art in forensic medicineand traumatology. It is not. Thirdly, the article asks whether their use sufficientlysafeguards against a particular kind of communicative error between decision makersand... (More)
Should radiological age assessment be considered as a means of alleviating thedoubts of a decision maker in the asylum procedure? The present article addressesthis question through a number of steps. First, it questions whether the use of radiologicalimaging methods in the age assessment of unaccompanied adolescents seekingasylum complies with the internal norms of the forensic science community. Itdoes not. Secondly, the article considers whether the use of these methods is scientificallyauthoritative according to the current state of the art in forensic medicineand traumatology. It is not. Thirdly, the article asks whether their use sufficientlysafeguards against a particular kind of communicative error between decision makersand experts. It does not. The article shows that properly understood advice from amedical expert who takes into account the scientific issues enumerated in this articlecan never dispel doubt about an applicant’s age. According to article 25(5) of theEuropean Union (EU) recast Asylum Procedures Directive, this prevailing doubt willautomatically trigger the assumption that the applicant is a child, which is the article’sfourth and final argument. (Less)
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author
organization
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type
Contribution to journal
publication status
published
subject
keywords
Human Rights, Migration Law, Public International Law, Human Rights Law, folkrätt, mänskliga rättigheter, migrationsrätt, internationell rätt
in
International Journal of Refugee Law
volume
28
issue
2
pages
234 - 250
publisher
OUP
external identifiers
  • Scopus:84990028915
ISSN
1464-3715
language
English
LU publication?
yes
id
739c8fdd-0c3b-47f9-a2dc-326281a4b242
alternative location
http://ijrl.oxfordjournals.org/cgi/content/full/eew020?ijkey=V9z9rHsi17NqTTz&keytype=ref
date added to LUP
2016-08-22 10:02:33
date last changed
2016-11-27 04:42:18
@misc{739c8fdd-0c3b-47f9-a2dc-326281a4b242,
  abstract     = {Should radiological age assessment be considered as a means of alleviating thedoubts of a decision maker in the asylum procedure? The present article addressesthis question through a number of steps. First, it questions whether the use of radiologicalimaging methods in the age assessment of unaccompanied adolescents seekingasylum complies with the internal norms of the forensic science community. Itdoes not. Secondly, the article considers whether the use of these methods is scientificallyauthoritative according to the current state of the art in forensic medicineand traumatology. It is not. Thirdly, the article asks whether their use sufficientlysafeguards against a particular kind of communicative error between decision makersand experts. It does not. The article shows that properly understood advice from amedical expert who takes into account the scientific issues enumerated in this articlecan never dispel doubt about an applicant’s age. According to article 25(5) of theEuropean Union (EU) recast Asylum Procedures Directive, this prevailing doubt willautomatically trigger the assumption that the applicant is a child, which is the article’sfourth and final argument.},
  author       = {Noll, Gregor},
  issn         = {1464-3715},
  keyword      = {Human Rights,Migration Law,Public International Law,Human Rights Law,folkrätt,mänskliga rättigheter,migrationsrätt,internationell rätt},
  language     = {eng},
  number       = {2},
  pages        = {234--250},
  publisher    = {ARRAY(0xd024fd8)},
  series       = {International Journal of Refugee Law},
  title        = {Junk Science? Four Arguments Against the Radiological Age Assessment of Unaccompanied Minors Seeking Asylum},
  volume       = {28},
  year         = {2016},
}