CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 21 juillet 2022

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font-size:10pt } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s8EB5F569 { font-family:Arial; font-size:6.67pt; vertical-align:super } .s391E78BA { font-family:Arial; background-color:#ffffff }     FIRST SECTION CASE OF DARBOE AND CAMARA v. ITALY (Application no. 5797/17)   JUDGMENT   Art 8 • Positive obligations • Private life • Failure to act with reasonable diligence in respect of declared unaccompanied minor asylum-seeker, not benefiting from minimum procedural guarantees in age-assessment procedure • Importance of age-assessment procedure in migration context, including procedural safeguards, for guaranteeing rights deriving from person’s minor status • Identification of relevant safeguards drawn from EU and international law Art 3 (substantive) • Inhuman and degrading treatment • Placement of minor in adult reception centre in inadequate conditions for more than four months and subjected to age-assessment procedure breaching Art   8 Art 13 (+ Art 3 and Art 8) • No effective remedies   STRASBOURG 21 July 2022   FINAL   21/10/2022   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Darboe and Camara v. Italy, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Marko Bošnjak, President ,   Péter Paczolay,   Krzysztof Wojtyczek,   Alena Poláčková,   Raffaele Sabato,   Ioannis Ktistakis,   Davor Derenčinović, judges , and Renata Degener, Section Registrar , Having regard to: the application (no.   5797/17) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Gambian national, Mr   Ousainou Darboe, and a Guinean national, Mr Moussa Camara (“the applicants”), on 18 January 2017; the decision to give notice to the Italian Government (“the Government”) of the application; the observations submitted by the Government and the observations in reply submitted by the applicants; the comments submitted by the AIRE Centre, the Dutch Council for Refugees, and the European Council on Refugees and Exiles (ECRE), which have presented joint comments, and the French Défenseur des droits (Defender of Rights) (Article   36 §   2 of the Convention and Rule 44 § 3 of the Rules of Court), who were granted leave to intervene by the President of the Section; Having deliberated in private on 28 June 2022, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     This case concerns the arrival in Italy of the applicants, unaccompanied minors seeking asylum, their placement in an adult migrant centre and the subsequent age-assessment procedure. It raises issues under Articles 3, 8 and   13 of the Convention. THE FACTS 2.     The applicants were allegedly born in 1999. Mr Ousainou Darboe lives in Padua. The whereabouts of Mr Moussa Camara are unknown. The applicants were represented before the Court by Mr M. Ferrero and Ms   E.   Chiaretto, lawyers practising in Padua. 3.     The Government were represented by their Agent, Ms E. Spatafora, and subsequently by Mr L. D’Ascia, her successor. 4.     The facts of the case may be summarised as follows. M r Moussa Camara 5.     According to Mr Moussa Camara, he reached the coast of Sicily in 2016 and was transferred to an adult reception centre in Cona (Venice). 6.     By a letter dated 24 June 2021, his representatives informed the Court that they had lost contact with their client. It is therefore proposed to strike this part of the application out of the list of cases (see paragraphs 95 et seq. below). 7.     The Court will hereafter refer to Mr Ousainou Darboe as “the applicant”, except in paragraphs 95 to 98 below. M r Ousainou Darboe The applicant’s arrival in Italy and age assessment 8.     The applicant reached the coast of Sicily on 29   June 2016 aboard a makeshift vessel. 9.     He submitted that he had declared his minor age and orally expressed his intention to apply for international protection shortly after his arrival. However, no information on how to initiate the relevant procedure was provided to him, and no request for international protection was eventually lodged in his case. 10 .     The applicant was initially housed in a centre for foreign unaccompanied minors . 11 .     On 27 September 2016 he was transferred to the adult reception centre in Cona. A healthcare card was provided to him, indicating his date of birth as 22 February 1999. According to this date, the applicant was 17 years old at the time. 12.     On 27 October 2016, at the request of the prefecture, a doctor of the local health authority carried out a medical examination of the applicant to determine his age. The corresponding medical report stated that his bone age, as evaluated by X-ray examinations of the left wrist and hand on the basis of the Greulich and Pyle method [1] , corresponded to that of an 18-year-old male. 13.     The applicant alleged that his consent to undergo this examination had not been acquired and that he had not been provided with a copy of the relevant medical report at the time. No margin of error was indicated therein, nor was any administrative or judicial decision regarding his age assessment communicated to him. 14 .     Once in Cona, the applicant was assisted by lawyers, who eventually lodged his application with the Court. The applicant’s application to the Venice District Court to obtain the appointment of a legal guardian 15 .     On 16 January 2017 the applicant’s representatives lodged an application with the Venice District Court to obtain the appointment of a legal guardian. They stated that the applicant had declared himself to be an unaccompanied minor upon his arrival in Italy and had been registered as a minor by the local health authority, which had provided him with a healthcare card. 16.     They explained that the applicant had requested international protection from the time of his arrival, and that he had been interviewed once in Cona by someone whose functions remained unknown, without the assistance of an interpreter or understanding the content of the document drawn up on that occasion, which had possibly been transmitted to the Venice Prefecture. The applicant had not yet received a provisional stay permit or been called by the relevant police department in Venice to file his request for international protection. No information had been provided to him with regard to the international protection procedure. He had not been interviewed in order to assess his possible vulnerability and specific needs as a minor. 17.     The representatives submitted that the applicant’s situation was in violation of Article 19 §§ 1, 4 and 5 of Legislative Decree no. 142 of 2015 (see paragraph 47 below), considering that, under these provisions, unaccompanied minors had to be accommodated in governmental initial reception facilities for the time strictly necessary for their identification, their possible age assessment and to receive all relevant information about their rights, in a manner appropriate to their age, including the right to apply for international protection. Moreover, during his stay, the applicant should have been interviewed with a view to assessing his personal situation. By no means should minors be housed in structures dedicated to adults. In addition, the police authorities should have immediately informed the Juvenile Court and its prosecutor that the applicant was there, so that the relevant guardianship proceedings could be initiated. None of these guarantees had been applied in his case. 18.     As to the applicant’s international protection request, the representatives referred to the guarantees laid down in Article 19 of Legislative Decree no. 25 of 2008 (see paragraph 45 below), as regards in particular the obligation to provide the necessary assistance to the minor in order to formulate the request, the appointment of a legal guardian, the possibility of undergoing a non-invasive age-assessment medical examination, with the individual’s consent, and information pertaining to the type of examination and its consequences. The representatives also referred to the measures laid down in the context of age-assessment procedures by Prime Ministerial Decree no. 234 of 2016 (see paragraph 55 below) and reiterated that the applicant had not benefited from the above-mentioned safeguards. 19.     Lastly, the representatives asked that the applicant be granted all the above-mentioned rights as an unaccompanied minor asylum-seeker. 20.     On 19 January 2017 the guardianship judge annotated the first page of the application with the words “To be sent to the Venice police headquarters for the necessary checks”. 21.     In their observations, the Government did not provide any information concerning the outcome of that application. The applicant’s representatives indicated that no further communication had been addressed to them either. The applicant’s living conditions in Cona Living conditions as described by the applicant 22 .     The applicant complained of an overcrowding situation in the Cona reception centre, which was intended to house solely adults. Notwithstanding its 542-person capacity, the centre accommodated around 1,400 people at the time of his stay. The 360 sq. m dormitory housed 250 adults, sleeping in bunk beds. 23.     Proper heating and hot water in the bathrooms were lacking. The number of bathrooms and canteen benches was insufficient, educational and recreational activities were poor, and there were only twenty-five members of staff. Furthermore, knives, alcohol and narcotics circulated in the centre. Episodes of violence and prostitution took place during his stay. 24 .     The applicant also complained of a lack of proper healthcare, including psychological assistance, and of access to legal information and assistance. Evidence submitted by the applicant 25.     The applicant submitted a number of pictures showing, among other things, overcrowded dormitories. 26.     He also provided a parliamentary question submitted by a member of parliament on 6 December 2016 following a visit to Cona on 16   November 2016. The relevant document indicated that the centre housed 1,256 people, living in seven large, overcrowded tents, measuring from 340 to 1,500   sq.   m. 27.     The report stated that the centre was understaffed and that healthcare, provided by local practitioners who had to take care of a high number of patients, was inadequate. It was also noted that some people had been residing in the centre for more than one year. 28.     In addition, the applicant submitted a report from a non-governmental organisation, Associazione Giuristi Democratici. The report stated that, at the time of its visit on 4   January 2017, the centre had housed 1,400 people. 29.     According to this report, migrants were crammed into small brick buildings and large tents without proper heating. Bunkbeds were placed so close together that there was no space to pass between them. The number of canteen tables and chairs was insufficient in relation to the number of people eating. Only one doctor was present during the day in the centre, while one nurse was there at night and during the holidays. The applicant’s transfer to a minor migrant centre 30.     On 21 January 2017 the applicant lodged a Rule 39 request with the Court, asking to be transferred to facilities where his reception conditions as an unaccompanied minor could be ensured. 31.     Replying to the Court’s request for information on 26 January 2017, the Government stated that the applicant had undergone an X-ray examination of his wrist and hand, in the light of which he had been considered to be an adult. He was therefore still in Cona. 32.     On 14 February 2017 the Court decided to apply Rule 39 and to indicate to the Government that the applicant should be transferred to facilities where his reception conditions as an unaccompanied minor could be ensured. 33 .     The applicant’s representatives submitted the applicant’s X-ray results of 27 October 2016 to another doctor. A statement by that doctor, issued on 13 February 2017, expressed the view that the Greulich and Pyle method alone was not sufficient to determine an individual’s age with certainty and was only indicative, subject to biological variability. The degree of biological maturity, particularly during puberty, presented a wide statistical variability. Applying the TW3 method [2] , the statement concluded that the applicant’s date of birth was compatible with that initially indicated by him, namely 22   February 1999. 34.     On 18 February 2017 the applicant was transferred to the “Villa Sarina-Aria” centre for minors in Vedrana di Budrio (Bologna). His stay in the Cona reception centre had lasted more than four months. 35 .     On 2 March 2017 a representative of FAMI ( Fondo Asilo, Migrazione e Integrazione 2014-2020 – the 2014-2020 Asylum, Migration and Integration Fund), a project organised by the Ministry of the Interior and co-financed by the European Union, met the applicant and drew up a report detailing his personal and family situation in his country of origin and the different steps of his journey to Europe. 36.     On 9 March 2017 a representative of FAMI met the applicant again, assisted by an interpreter. 37.     The applicant was asked to answer certain questions concerning the period of his stay in Cona. The facts of the case presented to the Court were read to him, and he confirmed the circumstances and information described therein, also with regard to his identification procedure and the living conditions in Cona. In particular, he reported his difficulties living in an overcrowded facility housing adult and minor migrants together, without any information being provided to him and without any control and respect for the minimal rules of civil cohabitation. 38.     According to the relevant reports, the applicant pointed out that he had only had the opportunity to be interviewed once, upon his arrival. On that occasion, few questions had been put to him as regards his migration plans and no information as to the place he had reached, his rights as a minor migrant and the possibility of international protection had been provided to him. As regards his age assessment, the applicant stated that he had declared his minor age immediately upon his arrival, during the above-mentioned interview. However, his interlocutor had clearly expressed doubts as to the credibility of the information provided and informed him that he would have to undergo a medical examination in order to verify the veracity of his statements. 39.     During this second meeting with a FAMI representative, the applicant changed his date of birth to 22 May 1999 and provided a photograph of what he considered to be his birth certificate, a copy of which was annexed to the file. 40.     The reports also indicated that the lack of information provided to the applicant, the absence of any qualified support and the suspicious and biased attitude towards him had clearly been a source of distress and disorientation. 41.     On 7 November 2018, Rule 39 was lifted. RELEVANT LEGAL FRAMEWORK AND PRACTICE DOMESTIC LAW Preliminary considerations 42.     At the time of the facts of the case, the relevant Italian legislative framework consisted only of the original texts of Legislative Decrees no.   25 of 20 January 2008 (see paragraph 45 below) and no. 142 of 18   August 2015 (see paragraph 47 below). 43.     Further parts containing some important provisions relating to the treatment of unaccompanied minors were later added to Legislative Decree no. 142 of 18 August 2015 by Law no. 47 of 7 April 2017, which entered into force on 6 May 2017 (see paragraph 48 below). These new parts are indicated in the footnotes to the Articles concerned (see paragraph 47 below). 44.     The legislative framework subsequently also included Legislative Decree no. 24 of 4   March 2014 (see paragraph 46 below), but that only addressed questions of human trafficking and became applicable on 6 January 2017, after the entry into force of Prime Ministerial Decree no. 234 of 10   December 2016 (see paragraph 55 below). Legislative framework Legislative Decree no. 25 of 20 January 2008 transposing Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status 45 .     The relevant provisions of this Legislative Decree state as follows: Article 19 – Guarantees for unaccompanied minors “1.     Unaccompanied minors who have expressed their intention to ask for international protection shall be provided with the necessary assistance to lodge such a request. They shall be provided with the assistance of a legal guardian at all stages of the examination of the application, in accordance with Article 26 § 5. 2.     In case of doubt about the minor’s age, the individual may be subjected, with his or her consent or that of his or her representative, to non-invasive medical examinations. If the examinations do not allow the exact age to be determined, the provisions of this Article shall apply. 3.     The person shall be informed that his or her age can be determined through a medical examination, of the type of examination to be carried out and of its consequences in relation to the result of his or her request. Refusal to undergo the examination does not constitute grounds for not granting asylum or adopting the relevant decision. 4.     The minor shall participate in a personal interview [for the asylum request] and shall be duly informed of the significance and possible consequences of the personal interview ... Article 26 – Treatment of requests for international protection ... 5.     When the request is presented by an unaccompanied minor, the receiving authority shall suspend the proceedings and immediately inform the Juvenile Court in order to open guardianship proceedings and appoint a legal guardian ... Within forty-eight hours the court shall appoint a legal guardian. The legal guardian ... shall make immediate contact with the minor to inform him or her of his or her appointment ... and with the police ( Questura ) to confirm and follow up the request [for international protection]. ...” Legislative Decree no. 24 of 4 March 2014 transposing Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims 46 .     The relevant provisions of Legislative Decree no.   24 of 4   March 2014 read as follows: Article 4 – Unaccompanied minors who are victims of human trafficking “1.     Unaccompanied minors who are victims of human trafficking shall be duly informed of their rights, including that of access to the international protection procedure. 2.     A [Prime Ministerial] Decree ..., to be adopted within six months of the entry into force of this Decree, shall settle the mechanisms through which, if there are well-founded doubts about the victim’s minor age, and the age cannot be assessed through identification documents, in accordance with the best interests of the child, age shall be assessed through a multidisciplinary procedure carried out by specialised staff, following appropriate procedures that take into account the specificities of the minor’s ethnic and cultural origin, as well as, where appropriate, the identification of minors through the involvement of diplomatic authorities. Pending the age-assessment and identification procedures, a victim of human trafficking is considered to be a minor with regard to access to assistance and protection. Minority is also presumed where the multidisciplinary procedure does not allow the age of the person concerned to be established with certainty.” Legislative Decree no. 142 of 18 August 2015 47 .     This decree transposed European Union (EU) Directives 2013/32 and   2013/33 (see paragraphs 77 and 78 below). The relevant provisions state as follows: Article 15 – Identification of the reception facility “... 3.     The prefecture shall send the applicant [for international protection] to the facility that has been identified ... 6.     A refusal to place someone in a reception facility can be challenged before the administrative courts.” Article 18 – Provisions on minors [3] “1.     In implementing the reception measures provided for by this Decree, the principle of the best interests of the child is of primary importance with a view to ensuring adequate living conditions, compatible with minority, in relation to the protection, well-being and development (included social development) of minors ... 2.     In order to evaluate the best interests of the child, it is necessary to interview the minor, taking into account his or her age, level of maturity and personal development, also with a view to evaluating his or her past experience and the risk that he or she is a victim of human trafficking, and to evaluate the possibility of family reunification ... 2 bis .     Emotional and psychological support of unaccompanied foreign minors shall be ensured at all ... stages of the proceedings by the presence of suitable persons, indicated by the minor, as well as of groups, foundations, associations and non-governmental organisations with proven experience in the field of assistance to foreign children ... 2 ter .     An unaccompanied foreign minor has the right to participate, through his or her representative, in all administrative and judicial proceedings concerning him or her, and to be heard on the merits. To this end, the presence of a cultural mediator shall be ensured.” Article 19 – Accommodation of unaccompanied minors [4] “1.     ... Unaccompanied minors shall be accommodated in governmental initial reception facilities ... for the time (which should not exceed thirty days) strictly necessary for their identification (which should not exceed ten days), for their possible age assessment and for receiving all adequate information about their rights and their implementation, in a manner appropriate to their age, including the right to apply for international protection ... During their stay at the reception facility, an interview with a developmental psychologist shall be carried out, if necessary in the presence of a cultural mediator, in order to assess the minor’s personal situation, the reasons and the circumstances of his or her departure from the country of origin and travel, as well as their personal expectations ... 1 bis .     Under no circumstances shall a foreign unaccompanied minor be subject to removal at the border ( respingimento alla frontiera ). 2.     Unaccompanied minors shall be received in the framework of the system of protection of asylum-seekers, refugees and unaccompanied minor migrants ... 2 bis .     While choosing the place of reception, among those available, importance shall be given to the specific needs and characteristics of the minors that emerged from the interview described in paragraph 1 ... The accommodation for unaccompanied minors shall respect the minimum standards of services and assistance generally provided by the assistance facilities for minors and shall have authorisation under the relevant national and regional regulations ... 3.     In the event that reception facilities are temporarily unavailable, assistance shall be given by the public authority of the municipality in which they are located. 3 bis .     In the event of mass arrivals of unaccompanied minors and the impossibility of ensuring their reception as provided above, minors shall be accommodated, following a request by a prefect, in temporary structures exclusively dedicated to unaccompanied minors, suitable for up to fifty people each and only for the time necessary for their transfer to ordinary facilities ... 4.     A minor shall not be housed in structures dedicated to adults. 5.     The police authorities shall immediately inform the Juvenile Court and its prosecutor of the presence of unaccompanied minors, in order to open the relevant guardianship proceedings ... 6.     A legal guardian shall have the necessary competences to exercise his or her functions and shall perform his or her duties in conformity with the principle of the best interests of the child ... 7 bis.     Within five days of the interview described in paragraph 1 of Article 19 bis , if there is no risk to the foreign unaccompanied minor or his or her family members, once the minor’s consent has been acquired, and exclusively in his or her own interest, the person exercising parental authority, even temporarily, can send a report to the competent institution, which shall immediately commence enquiries [in respect of the minor’s family]. 7 ter.     The results of the above-mentioned enquiries shall be communicated to the Ministry of the Interior, which shall promptly inform the minor, the person exercising parental authority and those who held the above-mentioned interview. 7 quater.     If family members able to take care of the unaccompanied foreign minor are identified, this solution shall be preferable to placing the minor in a centre ( comunità ) ...” Article 19 bis – Identification of foreign unaccompanied minors [5] “1.     As soon as a foreign unaccompanied minor has contacted the police, social services or other representatives of local entities or the judicial authority (or those authorities have been notified of his or her presence), qualified staff of the initial reception facility shall carry out ... an interview with a view to assessing the individual’s personal and family history and any other elements useful for his or her protection, following the procedure set up by the Prime Ministerial Decree to be adopted within 120 days of the date of entry into force of this provision [6] . A cultural mediator shall be present during the interview. 2.     If there are well-founded doubts concerning the age declared by the minor, paragraphs 3 et seq. shall apply. In any event, pending the results of the identification procedure, the minor shall be housed in a dedicated initial reception facility for minors; where the conditions are fulfilled, the provisions of Article 4 of Legislative Decree no.   24 of 4 March 2014 shall apply. 3.     The identity of a foreign unaccompanied minor shall be verified by an authority responsible for public safety, with the assistance of a cultural mediator, in the presence of his or her legal guardian or provisional legal guardian, where already appointed, only once the minor has been provided with initial humanitarian assistance. When doubts as to the person’s age persist, the latter shall be verified primarily through an identity document, with the assistance of the diplomatic and consular authorities, where appropriate ... 4.     When reasonable doubts as to the unaccompanied minor’s age still persist, a prosecutor at the Juvenile Court can order a social and medical assessment in order to assess the person’s age. 5.     The foreigner shall be informed, with the assistance of a cultural mediator, in a language that he or she understands and in language adapted to his or her level of maturity and literacy, of the fact that his or her age can be determined through social and medical assessments, of the kind of examinations to be carried out and possible consequences of their results, as well as those resulting from a refusal to undergo such examinations. This information shall also be provided to the presumed minor’s legal guardian, even if exercising such powers temporarily. 6.     A social and medical age assessment shall be carried out in an appropriate environment and through a multidisciplinary approach by adequately trained professionals and, where appropriate, in the presence of a cultural mediator, using the least invasive method possible and with due respect to the person’s presumed age, sex, and physical and mental integrity. Social and medical assessments which could compromise the person’s physical and mental integrity shall not be carried out. 7.     The result of the social and medical assessment shall be communicated to the foreign national in a manner appropriate to his or her age, maturity and level of literacy, in a language that he or she can understand. [It shall also be communicated] to the person exercising parental authority and the judicial authority that ordered the age assessment. The margin of error must always be indicated in the final report. 8.     If, after the social and medical assessment, doubts about the person’s minor age still persist, minor age shall be presumed ... 9.     The age-assessment certificate [issued by the Juvenile Court, pursuant to Legislative Decree no. 220 of 22   December 2017] shall be served on the alien and, at the same time, on the legal guardian, where one has been appointed, and can be challenged on appeal, in accordance with Article 739 and et seq. of the Code of Civil Procedure. If appealed against, the judge shall decide the appeal within ten days ...” Law no. 47 of 7 April 2017 – Provisions concerning the protection of unaccompanied minors 48 .     This Law is aimed at ensuring foreign unaccompanied minors all the rights granted to minors of Italian or European Union nationality, with consideration in particular for their increased vulnerability (section 1). 49.     The different phases of the age-assessment procedure have been summarised in the new Article 19 bis and in the new paragraphs of Articles   18 and 19 of Legislative Decree no. 142 of 2015. 50.     Other protective measures concern, inter alia , the following issues: pending the appointment of a guardian, the person in charge of the reception centre is entitled to act on behalf of the minor in order to apply for a residence permit or international protection (section 6); unaccompanied minors’ placement with families (to be preferred to their placement in reception centres) (section 7); procedural guarantees concerning unaccompanied minors’ repatriation (section 8); the need to keep a “social report”, to be sent to social services, concerning the situation of unaccompanied minors and a long-term solution to be considered in their best interests (section 9); the granting of a residence permit (section 10); drawing up a list of duly trained voluntary guardians (section 11); and informing foreign unaccompanied minors of their right to legal assistance (section   16). 51.     The first subsection of the last-mentioned section has added paragraph   4 quater to Article 76 of Presidential Decree no. 115 of 30 May 2002 (on legislative provisions and regulations concerning legal expenses). The new paragraph reads as follows: “Unaccompanied foreign minors involved in judicial proceedings of any kind shall have the right to be informed of the opportunity to appoint a lawyer of their own choice, including via the appointed guardian or the person exercising parental authority ... and to make use, based on the applicable legislation, of public free legal aid at every type and stage of the procedure ...” Administrative measures Circular of the Minister of the Interior of 9 July 2007 (Identification of minor migrants) 52 .     The relevant parts of this circular read as follows: “The current applicable legislation proscribes the expulsion of certain categories of individuals, including minor migrants ... The need to properly assess the age of migrants appears then to be of particular importance given that, in the event of a minor being wrongly identified as an adult, serious measures in breach of his or her rights, such as expulsion, removal or detention in a reception or identification centre, could be wrongly adopted. Therefore, if there are doubts about a possible minor’s age, it is necessary to carry out all the age-assessment examinations set out in the current legislation as a priority in public facilities with paediatric wards. However, as such assessments cannot provide exact information and can only indicate an age range, it is possible that the margin of error could include both minor and adult ages. In this regard, [we reiterate] ... that age assessment shall be carried out in a scientific and secure way, respecting the age, sex, physical integrity and dignity of the person concerned, and that the benefit of the doubt should always be applied. The principle of presumption of minor age [recognised in the framework of criminal proceedings against minors] shall also be applied in migration cases, as it is aimed at providing children with the broadest guarantees possible ...” Guidelines on unaccompanied foreign minors of the Ministry of Labour and Social Policies of 19 December 2013 53 .     The relevant parts of these Guidelines state that, in the absence of identity documents and if there are well-founded doubts concerning the information provided by the individual concerned, age must be assessed by the competent authorities with due respect for the rights and the guarantees set out for minors. Minor age is presumed if, at the end of the assessment, doubts about minority still persist. Protocols on age assessment of unaccompanied minors 54.     A protocol of 3 March 2016, signed by the Conference of Regions and Autonomous Provinces following the entry into force of Legislative Decree no.   142 of 2015 (see paragraph 47 above), restated, inter alia , the applicable legislation and rules on this matter (including the Circular of the Minister of the Interior of 11   July 2007 and Legislative Decree no. 24 of 4   March 2014 – see paragraph 46 above). The document, based on a previous protocol drawn up by the Ministry of Health in 2009 (“Protocol on the age assessment of minors based on a multidimensional approach”), was followed in turn by the “Multidisciplinary Protocol on the age assessment of unaccompanied minors” which was circulated to Regions and Autonomous Provinces on 19   November 2018. Only the latter protocol was adopted by the Presidency of the Council of Ministers on 9 July 2020. Prime Ministerial Decree no. 234 of 10   December 2016 – Regulation of the mechanism for age assessment of unaccompanied minors who are victims of human trafficking 55 .     The relevant parts of this decree, which entered into force on 6   January 2017, state as follows: Article 2 – Administrative identification procedure and age assessment “1.     In all age-assessment procedures, the best interests of the child constitute the main criterion. 2.     The police shall verify the age of the person on the basis of the available identity documents ... and of the data collected from [public institution] databases ... 4.     If the assessment of the person’s age through the said documents is not possible, the police ... shall hold an interview with the presumed minor, explaining, possibly with the help of a cultural mediator and an interpreter, and in a language that is comprehensible and appropriate for a presumed minor, the importance of declaring correct information and the legal consequences of possible false declarations. The person shall also be informed that, if there are reasonable doubts as to his or her age, the judicial authority can authorise certain examinations ( accertamenti ), which can be medical in nature, in order to determine his or her age. 5.     The actions described in paragraphs 2 and 4 shall be carried out within twenty-four hours of the first contact with the potential human-trafficking victim, pursuant to Articles 600 and 601 of the Criminal Code ...” Article 3 – Intervention of the judicial authority “1.     Once the actions referred to in Article 2 § 5 have been carried out, if reasonable doubts about the person’s age still persist ... the police can ask the competent guardianship judge for authorisation to carry out the procedure described in Article   5   ... 4.     While authorising the said procedure, the judge shall identify the person who is going to exercise legal guardianship [of the presumed minor] ... and a medical institution equipped with multidisciplinary paediatric staff where the examination described in Article 5 can be carried out ...” Article 4 – Right to information “1.     The presumed minor shall be informed by qualified staff of the medical facility ... that his or her age is going to be determined through the age-assessment procedure described in Article 5. The information shall be provided in a language that the person can understand, and shall be adapted to his or her level of maturity and literacy, by means of the support of multilingual material and a cultural mediator, where appropriate. In any event, the presumed minor shall be informed: (a)     of the fact that his or her age shall be determined by means of a multidisciplinary procedure which can involve medical examinations; (b)     of the activities involved in the said procedure, of the expected results and of their consequences; (c)     of his or her right to refuse to submit to any steps of the examination described in Article 5. 2.     The steps described in paragraph 1 shall take place in the presence of a legal guardian or of a person temporarily entitled to guardianship ...” Article 5 – Multidisciplinary age-assessment procedure “1.     Age assessment shall be carried out by qualified staff of the medical institution identified in accordance with Article 3 § 4 ... A medical examination shall be held following a method of progressive invasiv