Discontinuance decision; Subjects: RIGHTS OF THE CHILD, FINLAND; [CRC: Kinderrechtskonvention, Übereinkommen über die Rechte des Kindes; Convention relative aux droits de l'enfant; Convenzione sui diritti del fanciullo]
Erwägungen (8 Absätze)
E. 1 The author of the communication is A.F., a national of Somalia born in 1994. She submits the communication on behalf of her son, A.C.N., born on 12 June 2020 and of unknown nationality, and on her own behalf. She claims that by deporting her and her son to Greece, the State party would violate A.C.N.’s rights under articles 3, 7 and 27 of the Convention. The Optional Protocol entered into force for the State party on 12 February 2016. The author is represented by counsel.
E. 2 In 2020, the author and A.C.N. were granted international protection in Greece. However, they were forced to live on the streets and to eat from bins. They were not provided with accommodation or assistance, despite their efforts in this regard. The author was forced by two men to work as a sex worker in exchange for food and housing. On an unspecified date, she managed to free herself from them and travel with A.C.N. to the State party. The men then released footage of her naked, stating that she owed them money and that they would find her. In the State party, she and A.C.N. received assistance through a programme to combat trafficking in persons. On 3 November 2021, the Finnish Immigration Service declared the author’s and A.C.N.’s application for international protection inadmissible, finding that they had been granted international protection in Greece and had the same rights as Greek nationals. On 25 November 2021, Helsinki Administrative Court denied the author’s appeal. On 1 December 2021, the Court denied the author’s additional petitions against their deportation. The author argues that if she and A.C.N. were to be returned to Greece, they would be forced on the streets again and would not be safe, as the same men are
* Adopted by the Committee at its ninety-seventh session (26 August–13 September 2024). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Aïssatou Alassane Moulaye Sidikou, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Otani Mikiko, Luis Ernesto Pedernera Reyna, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/97/D/168/2021 Convention on the Rights of the Child Distr.: General 15 October 2024 Original: English CRC/C/97/D/168/2021 2 GE.24-17915 looking to force her to return to sex work. The author does not speak Greek or English. Their experience in Greece confirmed that no assistance is available to them there.
E. 3 Pursuant to article 6 of the Optional Protocol, on 13 December 2021, the working group on communications, acting on behalf of the Committee, requested the State party to refrain from returning the author and A.C.N. to Greece while the case was under consideration by the Committee.
E. 4 In its observations dated 11 February 2022 and 9 June 2022, the State party submitted that the communication was inadmissible under article 7 (e) of the Optional Protocol as the author had not exhausted all available domestic remedies. According to the State party, the communication is also inadmissible under articles 5 (1) and 7 (c) of the Optional Protocol insofar as the author submitted it on her own behalf. Furthermore, the communication largely concerns expected future violations attributable to Greece and is therefore inadmissible under article 5 of the Optional Protocol. In addition, the communication is inadmissible under article 7 (f) of the Optional Protocol as it is manifestly ill-founded. The State party noted that no power of attorney had been annexed to the communication. On the merits, the State party submitted that it had not violated A.C.N.’s rights under the Convention.
E. 5 In her comments dated 19 September 2022 and 20 June 2023, the author requested the Committee to find that her and A.C.N.’s removal to Greece would breach the Convention and the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). The author noted that on 3 October 2022, Helsinki Administrative Court had confirmed the decision of the Finnish Immigration Service. On 27 October 2022, the Supreme Court, in an interim decision, had held that the domestic authorities must provisionally halt their removal. The Supreme Court’s final judgment remained pending. According to the author, Greece had failed to confirm the citizenship of A.C.N., in breach of his rights under article 7 of the Convention. The author reiterated that her and A.C.N.’s rights to shelter, food and basic assistance would not be respected in Greece, in breach of articles 3 and 27 of the Convention. In addition, owing to her lack of language skills, the author would not be able to find work in Greece.
E. 6 On 16 February 2024, the working group on communications, acting on behalf of the Committee, decided to suspend its consideration of the communication until the domestic decision regarding the author’s asylum request was final.
E. 7 On 13 August 2024, the author informed the Committee that she and A.C.N. had been granted residence permits by the State party. She therefore requested the Committee to discontinue its consideration of the communication.
E. 8 At its meeting on 2 September 2024, the Committee, considering that the author and A.C.N. no longer faced the risk of being deported to Greece and concluding that the subject matter of the communication had therefore become moot, decided to discontinue the consideration of communication No. 168/2021 in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
Volltext (verifizierbarer Originaltext)
GE.24-17915 (E) 151024 151024 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. 168/2021*, ** Communication submitted by: A.F. (represented by counsel, Ulla Riekki) Alleged victim: A.F. and A.C.N. State party: Finland Date of communication: 3 December 2021 (initial submission) Date of adoption of decision: 2 September 2024 Substantive issue: Deportation of a child and his mother to Greece Articles of the Convention: 3, 7 and 27 1. The author of the communication is A.F., a national of Somalia born in 1994. She submits the communication on behalf of her son, A.C.N., born on 12 June 2020 and of unknown nationality, and on her own behalf. She claims that by deporting her and her son to Greece, the State party would violate A.C.N.’s rights under articles 3, 7 and 27 of the Convention. The Optional Protocol entered into force for the State party on 12 February 2016. The author is represented by counsel. 2. In 2020, the author and A.C.N. were granted international protection in Greece. However, they were forced to live on the streets and to eat from bins. They were not provided with accommodation or assistance, despite their efforts in this regard. The author was forced by two men to work as a sex worker in exchange for food and housing. On an unspecified date, she managed to free herself from them and travel with A.C.N. to the State party. The men then released footage of her naked, stating that she owed them money and that they would find her. In the State party, she and A.C.N. received assistance through a programme to combat trafficking in persons. On 3 November 2021, the Finnish Immigration Service declared the author’s and A.C.N.’s application for international protection inadmissible, finding that they had been granted international protection in Greece and had the same rights as Greek nationals. On 25 November 2021, Helsinki Administrative Court denied the author’s appeal. On 1 December 2021, the Court denied the author’s additional petitions against their deportation. The author argues that if she and A.C.N. were to be returned to Greece, they would be forced on the streets again and would not be safe, as the same men are
* Adopted by the Committee at its ninety-seventh session (26 August–13 September 2024). ** The following members of the Committee participated in the examination of the communication: Suzanne Aho, Aïssatou Alassane Moulaye Sidikou, Thuwayba Al Barwani, Hynd Ayoubi Idrissi, Mary Beloff, Rinchen Chophel, Rosaria Correa, Bragi Gudbrandsson, Philip Jaffé, Otani Mikiko, Luis Ernesto Pedernera Reyna, Ann Skelton, Velina Todorova, Benoit Van Keirsbilck and Ratou Zara. United Nations CRC/C/97/D/168/2021 Convention on the Rights of the Child Distr.: General 15 October 2024 Original: English CRC/C/97/D/168/2021 2 GE.24-17915 looking to force her to return to sex work. The author does not speak Greek or English. Their experience in Greece confirmed that no assistance is available to them there. 3. Pursuant to article 6 of the Optional Protocol, on 13 December 2021, the working group on communications, acting on behalf of the Committee, requested the State party to refrain from returning the author and A.C.N. to Greece while the case was under consideration by the Committee. 4. In its observations dated 11 February 2022 and 9 June 2022, the State party submitted that the communication was inadmissible under article 7 (e) of the Optional Protocol as the author had not exhausted all available domestic remedies. According to the State party, the communication is also inadmissible under articles 5 (1) and 7 (c) of the Optional Protocol insofar as the author submitted it on her own behalf. Furthermore, the communication largely concerns expected future violations attributable to Greece and is therefore inadmissible under article 5 of the Optional Protocol. In addition, the communication is inadmissible under article 7 (f) of the Optional Protocol as it is manifestly ill-founded. The State party noted that no power of attorney had been annexed to the communication. On the merits, the State party submitted that it had not violated A.C.N.’s rights under the Convention. 5. In her comments dated 19 September 2022 and 20 June 2023, the author requested the Committee to find that her and A.C.N.’s removal to Greece would breach the Convention and the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). The author noted that on 3 October 2022, Helsinki Administrative Court had confirmed the decision of the Finnish Immigration Service. On 27 October 2022, the Supreme Court, in an interim decision, had held that the domestic authorities must provisionally halt their removal. The Supreme Court’s final judgment remained pending. According to the author, Greece had failed to confirm the citizenship of A.C.N., in breach of his rights under article 7 of the Convention. The author reiterated that her and A.C.N.’s rights to shelter, food and basic assistance would not be respected in Greece, in breach of articles 3 and 27 of the Convention. In addition, owing to her lack of language skills, the author would not be able to find work in Greece. 6. On 16 February 2024, the working group on communications, acting on behalf of the Committee, decided to suspend its consideration of the communication until the domestic decision regarding the author’s asylum request was final. 7. On 13 August 2024, the author informed the Committee that she and A.C.N. had been granted residence permits by the State party. She therefore requested the Committee to discontinue its consideration of the communication. 8. At its meeting on 2 September 2024, the Committee, considering that the author and A.C.N. no longer faced the risk of being deported to Greece and concluding that the subject matter of the communication had therefore become moot, decided to discontinue the consideration of communication No. 168/2021 in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.