Case of E.A. and U.A. - 56/2018

Switzerland

FINAL

UNCRC

Articles 2, 3, 6(2), 12,22, 24, and 37 of Convention (UN) on the rights of the child, Articles 6, 7 (e) and (f) of Optional Protocol to the Convention on the rights of the child on a communication procedure.

2020

Applicant

This case concerned the dismissal of an asylum application and subsequent removal by Swiss police of three Azerbijani nationals (a mother and her two children). Furthermore, the children were not listened to at any point in the asylum procedures. The state party’s failure to hear the children throughout the procedures or take into account the trauma they had incurred as a result of their journey and the intimidation tactics used by Swiss police amounted to a violation of articles 3 and 12 of the convention. The Committee placed an obligation on the state party to reconsider the applicant’s request to apply article 17 of the Dublin III regulation in order to process the children’s asylum applications as a matter of urgency.

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