Spain has changed its approach to determining the age of underage migrants, a move that directly affects the lives of hundreds of young people in difficult circumstances. The country’s Supreme Court has overturned a decision by the Canary Islands court, which had previously ruled to try a young Senegalese man as an adult, despite documents confirming his age. This ruling sends a strong signal to the entire judicial system and could lead to the review of similar cases.
Judicial practice regarding migrants whose identity and age are in question has long been controversial. According to El Pais, this particular case involved a young man who, based on official papers and medical evaluations, was a minor. Nevertheless, he spent four months in an adult prison while the proceedings were ongoing. Now, the Supreme Court has ruled that if there are reasonable grounds to believe a person is under 18, their case must be processed under juvenile law.
Court reasoning
The Supreme Court highlighted two key points. First, official documents, even copies, retain legal force unless there is evidence they have been forged. Second, medical tests to determine age are only used in exceptional cases, and if results provide a range, the lowest possible age must be accepted in cases of doubt. In this instance, experts from the Instituto de Medicina Legal de Las Palmas confirmed the defendant’s age matched the date on his documents.
The judges also recalled European directives and recommendations from the Committee on the Rights of the Child, which require official documents to be recognized unless proven otherwise and restrict the use of medical tests. The Supreme Court emphasized that the ‘pro minoritate’ principle—the presumption of minority in cases of doubt—should always be applied to prevent mistakes that could change a person’s life.
Reaction and consequences
The lawyer representing the teenager stated that such cases are not isolated. She criticized the practice of minors ending up in adult prisons due to lengthy age determination procedures. According to her, the Supreme Court’s new position should put an end to automatic medical examinations without a lawyer present and strengthen the protection of vulnerable groups’ rights.
The Supreme Court also criticized the Canary Islands court for ignoring the original birth certificate and for incompletely using medical data. The case is now sent back to the juvenile jurisdiction, and this ruling could set a precedent for similar proceedings across Spain.
Context and similar cases
In recent years, Spain has repeatedly seen debates over determining the age of migrants arriving without documents or with papers raising doubts. In 2024, several cases in Andalusia ended with the acquittal of teenagers after their documents were re-examined. In Catalonia in 2025, a court also found that the medical tests used to declare a young Moroccan adult were erroneous because of their broad range. These cases indicate that the judicial system is gradually shifting its approach, prioritizing the protection of minors’ rights and adherence to international standards.
