CRC/C/87/D/86/2019 certificate was submitted on 29 March 2019, the State Secretariat for Migration should have taken up the request for review. 7.4 The author argues that, in the light of G.R.’s vulnerability, a migrant child suffering from a disease whose interruption of treatment would have irreversible consequences, simply to allege the existence of medical facilities in Colombo does not constitute sufficient grounds under article 3 of the Convention. 7.5 The author notes that none of the documents cited by the State party refer to the effectiveness of access to treatment for congenital hypothyroidism in Sri Lanka. He argues that the State party makes access to medical care for G.R. dependent on the author’s ability to pay for such care. No guarantee has been given that G.R. will be able to have access to care for an indefinite period. A high proportion of health-care costs in Sri Lanka are borne by patients and health insurance plays almost no role. A medical certificate dated 11 June 2020 indicates that the annual cost of G.R.’s medical care is 2,500 Swiss francs. 11 The likelihood that the author, who worked in the restaurant business, will be able to support his family and pay for G.R.’s treatment in Sri Lanka seems uncertain. In addition, the author himself requires medical treatment. The fact of receiving individual return assistance does not provide any long-term guarantee. Moreover, return assistance is not meant to be used exclusively to cover medical needs. Furthermore, G.R. could be put at risk by V.R.’s emotional fragility. According to the author, the State party violated article 3 of the Convention by considering that G.R. could be removed to Sri Lanka. 7.6 In the absence of any clear and secure guarantee from the State party regarding the continuation of G.R.’s treatment in Sri Lanka, and given that he has already begun this treatment, which is economically tenable for Switzerland, the State party should have allowed him to continue his treatment in Switzerland in order to implement the principle of the best interests of the child and the prohibition of torture. He claims that the State party has thus violated article 4 of the Convention. 7.7 The author argues that if G.R.’s medical care was not properly delivered, this would cause him irreparable harm. As it is not possible to ensure proper care for congenital hypothyroidism in Sri Lanka, G.R.’s removal would violate the principle of non-refoulement. The author adds that this principle is intended to ensure that he does not have to pursue his claims before the Sri Lankan authorities. State party’s additional observations 8.1 In its submission of 23 June 2020, the State party notes that the author could have asked the Federal Administrative Court to restore the suspensive effect of his appeal or, as an interim measure, to suspend the execution of the removal. 12 If this had been the case, no steps towards removal would have been taken before the Court ruled, which it would have been required to do without delay. 8.2 The State party reiterates that hypothyroidism is a common disease and that it is completely treatable in Sri Lanka, as the necessary medical treatment is available and accessible. It also reiterates that free access to medical care is a priority of the Government of Sri Lanka and that the author will be able to earn a living and apply for individual return assistance. Furthermore, the author fails to demonstrate that G.R. would be deprived of the necessary treatment in Sri Lanka and does not provide any concrete evidence to support this. In particular, he does not allege that he sought medical treatment in Sri Lanka and that this request was refused. The State party argues that, in these circumstances, safeguards are not necessary. Furthermore, it is not relevant to compare the costs of medical treatment in Switzerland with those in Sri Lanka and the question of costs is not decisive, since no obligation to bear such costs can be inferred from the Convention. 11 12 The certificate also states that if treatment and follow-up are interrupted, there is a high risk of developing severe intellectual disabilities with an inability to attend vocational training. Slow growth and failure to reach full adult height along with bone, muscle and heart problems can be expected. The State party refers to articles 55 (3) and 56 of the Federal Act on Administrative Procedure of 20 December 1968. 7

Select target paragraph3