An amendment to the Refugee law drafted by Elam, which will mean that all asylum seekers who refuse to consent to medical examinations to determine their age will be presumed to be adults, has passed through parliament.
The law passed by 36 votes to 16 with one abstention but has drawn scorn from those MPs who were against the law, who believe that it could land Cyprus in hot water internationally.
Green MP Alexandra Attalidou said that the law conflicts with EU law regarding the same matter, and pointed out that the tests being undertaken are not considered scientifically reliable.
Akel MP Marina Nikolaou was also to point out the potential contradiction with EU law, saying that it could “lead Cyprus down a dangerous path in its relations with the EU”.
Nikolaou added that the proposal was opposed by the Commissioner for the protection of children’s rights, the Cyprus refugee council, and children’s charity Hope for Children.
In addition, she described the law as “blackmail towards those who refuse for psychological or religious reasons to be tested”.
However, Elam MP Sotiris Ioannou said that the law “will contribute to the solution of the immigration issue”. Dipa MP Marinos Mousiouttas also voted in favour of the law, claiming that “people with white hair declared themselves to be minors”.
The European Union Agency for Asylum (EUAA) states that “refusal of the asylum claim shall not be based solely on the refusal to undergo medical examination”.
It also states that “member states should also carefully consider whether refusing to undergo a medical examination should then result in their claim being processed under the procedures for adults”, which some may argue comes into conflict with the new law’s assertion.
In addition, the UN Committee on the Rights of the Child is unequivocal, saying “anyone claiming to be a child should be treated as such”.