Decision; Subjects: RIGHTS OF THE CHILD, LITHUANIA; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (7 Absätze)
E. 1 The authors of the communication are S.R.H.P., her partner C.O.C.G. and their children, A.R.C.H. and A.O.C.H., born in 2014 and 2016, respectively. All members of the family are nationals of Cuba. The authors alleged that Lithuania has violated their rights under articles 3, 6 (2), 7 (1), 9 (1) and (3), 10 and 18 (1) of the Convention, on the basis of the fact that the national regulations in force did not permit the implementation of family reunification and of the decision refusing to take ad hoc steps for such reunification.
E. 2 In 2021, the authors left their country of origin due to alleged persecution. On 15 March 2023, the Migration Department under the Ministry of the Interior of Lithuania granted the authors refugee status. The authors were also issued long-term residence permits for the European Union. The authors’ children, A.R.C.H. and A.O.C.H., continued to live in Cuba. On 24 March 2023, the authors applied for family reunification with a request to issue a mediation letter in English for the issuance of a single-entry D visa, indicating that the children were travelling for family reunification purposes and that they would be issued with a residence permit for Lithuania on arrival, as well as to specify that the children would be accompanied by their grandmother, who was not seeking family reunification. On 21 April 2023, the State Party refused to grant the request to the authors. On 11 May 2023, the authors appealed that decision before the Vilnius Regional Administrative Court. On 14 June 2023, the Court rejected the authors’ appeal. They subsequently appealed that decision before the Supreme Administrative Court of Lithuania, which dismissed the appeal on 2 August 2023.
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the consideration of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sopio Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/235/2023 Convention on the Rights of the Child Distr.: General 11 March 2026 Original: English CRC/C/100/D/235/2023 2 GE.26-02146
E. 3 On 5 September 2023, the Committee, acting through its Working Group on Communications, registered the communication and requested the State Party to submit observations on the authors’ request for interim measures.
E. 4 On 20 September 2023, the State Party submitted its observations on the request for interim measures. The Committee, acting through its Working Group on Communications, decided not to issue interim measures under article 6 of the Optional Protocol.
E. 5 On 5 March 2024, the State Party submitted its observations on the admissibility and merits of the communication. On 6 March 2024, the AIRE Centre, the European Council on Refugees and Exiles and the Dutch Council for Refugees submitted a request to make a third- party intervention with regard to the communication. On 18 June 2024, the Committee, acting through its Working Group on Communications, decided under article 23 of the rules of procedure to authorize the third-party intervention. On 18 July 2024, the same entities submitted their observations on the communication. On 19 August 2024, the authors provided their comments on the State Party’s observations.
E. 6 On 15 January 2025, the State Party submitted additional observations and its observations on the third-party intervention. The State Party informed the Committee that, on 23 September 2023, the reunification of S.R.H.P. with her children had been achieved in Lithuania. On 11 September 2024, the Migration Department under the Ministry of the Interior of Lithuania had granted asylum and long-term permits to A.R.C.H. and A.O.C.H. On 16 May 2025, the authors submitted additional observations on the communication and informed the Committee that they disagreed with the Committee discontinuing its consideration of the communication.
E. 7 As its meeting on 30 January 2026, the Committee, taking into account the fact that the reunification of S.R.H.P. with her children had been achieved, considered that the case had become moot and decided to discontinue its consideration of the communication, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on a communications procedure.
Volltext (verifizierbarer Originaltext)
GE.26-02146 (E) 100326 100326 Committee on the Rights of the Child Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 235/2023*, ** Communication submitted by: S.R.H.P., C.O.C.G., A.R.C.H. and A.O.C.H. (represented by counsel, Rytis Satkauskas) Alleged victims: A.R.C.H. and A.O.C.H. State Party: Lithuania Date of communication: 30 August 2023 (initial submission) Subject matter: Family reunification Articles of the Convention: 3, 6 (2), 7 (1), 9 (1) and (3), 10 and 18 (1) 1. The authors of the communication are S.R.H.P., her partner C.O.C.G. and their children, A.R.C.H. and A.O.C.H., born in 2014 and 2016, respectively. All members of the family are nationals of Cuba. The authors alleged that Lithuania has violated their rights under articles 3, 6 (2), 7 (1), 9 (1) and (3), 10 and 18 (1) of the Convention, on the basis of the fact that the national regulations in force did not permit the implementation of family reunification and of the decision refusing to take ad hoc steps for such reunification. 2. In 2021, the authors left their country of origin due to alleged persecution. On 15 March 2023, the Migration Department under the Ministry of the Interior of Lithuania granted the authors refugee status. The authors were also issued long-term residence permits for the European Union. The authors’ children, A.R.C.H. and A.O.C.H., continued to live in Cuba. On 24 March 2023, the authors applied for family reunification with a request to issue a mediation letter in English for the issuance of a single-entry D visa, indicating that the children were travelling for family reunification purposes and that they would be issued with a residence permit for Lithuania on arrival, as well as to specify that the children would be accompanied by their grandmother, who was not seeking family reunification. On 21 April 2023, the State Party refused to grant the request to the authors. On 11 May 2023, the authors appealed that decision before the Vilnius Regional Administrative Court. On 14 June 2023, the Court rejected the authors’ appeal. They subsequently appealed that decision before the Supreme Administrative Court of Lithuania, which dismissed the appeal on 2 August 2023.
* Adopted by the Committee at its 100th session (12–30 January 2026). ** The following members of the Committee participated in the consideration of the communication: Suzanne Aho, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rosaria Correa, Timothy Ekesa, Bragi Gudbrandsson, Mariana Ianachevici, Philip Jaffé, Sopio Kiladze, Cephas Lumina, Benyam Dawit Mezmur, Juliana Scerri Ferrante, Aïssatou Alassane Sidikou, Zeinebou Taleb Moussa and Benoit Van Keirsbilck. United Nations CRC/C/100/D/235/2023 Convention on the Rights of the Child Distr.: General 11 March 2026 Original: English CRC/C/100/D/235/2023 2 GE.26-02146 3. On 5 September 2023, the Committee, acting through its Working Group on Communications, registered the communication and requested the State Party to submit observations on the authors’ request for interim measures. 4. On 20 September 2023, the State Party submitted its observations on the request for interim measures. The Committee, acting through its Working Group on Communications, decided not to issue interim measures under article 6 of the Optional Protocol. 5. On 5 March 2024, the State Party submitted its observations on the admissibility and merits of the communication. On 6 March 2024, the AIRE Centre, the European Council on Refugees and Exiles and the Dutch Council for Refugees submitted a request to make a third- party intervention with regard to the communication. On 18 June 2024, the Committee, acting through its Working Group on Communications, decided under article 23 of the rules of procedure to authorize the third-party intervention. On 18 July 2024, the same entities submitted their observations on the communication. On 19 August 2024, the authors provided their comments on the State Party’s observations. 6. On 15 January 2025, the State Party submitted additional observations and its observations on the third-party intervention. The State Party informed the Committee that, on 23 September 2023, the reunification of S.R.H.P. with her children had been achieved in Lithuania. On 11 September 2024, the Migration Department under the Ministry of the Interior of Lithuania had granted asylum and long-term permits to A.R.C.H. and A.O.C.H. On 16 May 2025, the authors submitted additional observations on the communication and informed the Committee that they disagreed with the Committee discontinuing its consideration of the communication. 7. As its meeting on 30 January 2026, the Committee, taking into account the fact that the reunification of S.R.H.P. with her children had been achieved, considered that the case had become moot and decided to discontinue its consideration of the communication, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on a communications procedure.