Author
Screening of vulnerability
The Law on Social Services defines vulnerable groups of the population as individuals/families who are at the highest risk of falling into hardship due to the impact of adverse external and/or internal factors. According to the Law, hardship is circumstances that adversely affect the life, health and development of a person, and the functioning of the family, which the person/family cannot overcome on their own.
Asylum seekers, refugees and persons in need of complementary protection are considered to be a vulnerable group of the population and/or found themselves in hardship.[1]
In Ukraine, there are no trained specialists and no reception system in place to identify vulnerable persons at the initial stage, immediately upon arrival in the country with the exception of identification of UAM.
Age assessment of unaccompanied children
Age assessment procedures are foreseen and regulated by the Procedure of Age Assessment of Unaccompanied Children.
If the authorised official of the territorial body of the SMS has reasonable doubts about the declared age of the person, the relevant referral for examination to establish the age is issued. A person referred for an examination to establish their age along with their legal representative is informed about the reasons for the examination and the consequences of refusal to undergo it. If the person refuses to undergo the examination for the purpose of establishing the age, a corresponding note is made on the application and in the applicant’s personal file.[2]
The age assessment of a child shall be based on the principles of respect for the rights of the child and ensuring his or her legitimate interests by officials; non-discrimination; confidentiality; respect for the rights of the child appealing to the conclusion of the Commission’s for establishing the age of a child left without parental care and in need of social protection, and security of processes.
The procedure for establishing the child’s age consists of three stages:
- studying and analysing available information about the child, information about the country of his/her origin, in case the child, separated from his/her family, is not a citizen of Ukraine and who or whose legal representative has applied to the competent authorities of Ukraine for recognition as a refugee or a person in need of complementary or temporary protection;
- psychological assessment of age;
- physiological assessment of age.[3]
During the physiological examination, the following criteria shall be checked:
- the timing of the eruption of milk teeth and their replacement with permanent teeth (dental maturity);
- anthropometric data (physical maturity);
- signs of puberty (sexual maturity);
- if necessary, the number of islets and ossification nuclei is determined by X-ray (skeletal maturity).[4]
The refusal of a person or their legal representative to undergo an examination to establish their age is the basis for considering the materials of the personal file of this person as an adult.[5]
If an unaccompanied child declares an intention to be recognised as a refugee or a person in need of complementary protection in Ukraine, the authorised official of the territorial body of the SMS shall immediately apply to the guardianship authority with a written request to provide such a person with a legal representative, who shall be appointed without delay.
A lawyer, a psychologist and a pedagogue are involved in the procedure for recognising an unaccompanied child as a refugee or a person in need of complementary protection.[6] A legal representative of an unaccompanied child shall participate in every stage of the asylum procedure relating to this child.[7]
The Commission’s decision may be appealed.[8] Such an appeal may be filed to the higher authority or official or the court in case of the absence of such authority or if a person disagrees with the decision made on that appeal. An appeal in the interests of an unaccompanied child shall be filed by their legal representative.[9]
[1] Article (1)(3, 15), Article 5 Law on Social Services.
[2] Section III(3.1)(d) Rules for the Consideration of Applications.
[3] Section I(2) Procedure of Age Assessment of Unaccompanied Children.
[4] Section III(1) Procedure of Age Assessment of Unaccompanied Children.
[5] Section III(3.1)(d) Rules for the Consideration of Applications.
[6] Section II(2.3) Rules for the Consideration of Applications.
[7] Para.13(5) Procedure of Interaction between State Bodies in Age Assessment of Unaccompanied Children.
[8] Section II(8) Regulations on the Commission for Age Assessment of Unaccompanied Children.
[9] Article 16 Law on Citizens’ Appeal.