Case of M.K.A.H. - 95/2019

Switzerland

FINAL

UNCRC

Articles 2(2), 3, 6, 7, 12, 16, 22, 24, 27, 28, 29, 37 and39 Convention (UN) on the rights of the child, Articles 7(e) and (f) of Optional Protocol (UN) to the Convention on the rights of the child on a communications procedure.

2021

Applicant

This case concerned the removal by Swiss authorities of a mother and her infant child to a Bulgarian refugee camp in which they had been detained in inhumane and degrading conditions while trying to cross the border to Romania. The mother claimed that her child’s rights under the ICRC were violated in his removal to Bulgaria as he would be subjected to inhumane and degrading treatment and have no chance at social integration there. Furthermore, she claimed that Bulgaria’s lack of legislation that can recognise people as stateless would violate her child’s right under the convention to be recognised as such. She also claimed that the state party did not provide reasoning as to why the removal order was in the child’s best interest, thus failing to comply with the procedural and substantice obligation deriving from art. 3(1) of the Convention.

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