CRC/C/87/D/86/2019
as, but by no means limited to, those contemplated under articles 6 and 37 of the Convention.
The assessment of the risk of such serious violations should be conducted in an age- and
gender-sensitive manner and should, for example, take into account the particularly serious
consequences for children of the insufficient provision of food or health services. 18 The risk
of such a serious violation should be assessed in accordance with the principle of precaution
and, where reasonable doubts exist that the receiving State cannot protect the child against
such risks, States parties should refrain from deporting the child. 19 The best interests of the
child should be a primary consideration in decisions concerning the deportation of a child
and such decisions should ensure – within a procedure with proper safeguards – that the child
will be safe, will be provided with proper care and will enjoy his or her rights.
11.4 The Committee also recalls that it is for the national authorities to examine the facts
and evidence and to interpret and enforce domestic law, unless their assessment has been
clearly arbitrary or amounts to a denial of justice. It is therefore not for the Committee to
assess the facts of the case and the evidence instead of the national authorities but to ensure
that their assessment was not arbitrary or tantamount to a denial of justice and that the best
interests of the children were a primary consideration in that assessment.20 In the present case,
the Committee notes that, in its decision of 24 April 2019, the State Secretariat for Migration
examined the particular circumstances in which the author and his family were to be removed
to Colombo. In this respect, the State Secretariat for Migration noted that Colombo had
sufficient medical facilities, including public hospitals and private clinics, to treat G.R. The
Committee considers that, in view of the information in the file, it cannot conclude that this
evaluation was manifestly arbitrary or equivalent to a denial of justice, or that G.R.’s best
interests as a child were not a primary consideration in this evaluation.
11.5 Furthermore, the Committee notes that, when considering the risk that G.R. would
face upon return to Sri Lanka, the State Secretariat for Migration relied on information
indicating that the Sri Lankan authorities are aware of the fact that congenital hypothyroidism
causes intellectual disabilities and that they have introduced a national screening programme
and guidelines for the treatment of this disease. The State party also refers to information
published by the Ministry of Health, Nutrition and Indigenous Medicine of Sri Lanka. This
information not only provides guidance to the various health institutions in Sri Lanka on the
screening for congenital hypothyroidism, but also indicates that treatment is simple,
inexpensive, effective and available in the public and private health systems.
11.6 The Committee considers that the principle of non-refoulement does not confer a right
to remain in a country solely on the basis of a difference in health services that may exist
between the State of origin and the State of asylum, or to continue medical treatment in the
State of asylum, unless such treatment is essential for the life and proper development of the
child and would not be available and accessible in the State of return. In the present case, the
Committee observes that, on the basis of the information on file, G.R.’s treatment, which is
essential for his development, is available and accessible in Sri Lanka. Thus, the Committee
concludes that G.R.’s removal to Sri Lanka would not result in obstacles to gaining access to
the treatment he needs and would not constitute a violation by the State party of his rights
under articles 3, 6 (2), 24 or 37 (a) of the Convention. However, the Committee recalls that
in cases of children being returned to their countries of origin, effective reintegration
measures should be taken, including immediate protection measures, in particular to ensure
effective access to health.21
11.7 The Committee, acting under article 10 (5) of the Optional Protocol, is of the view
that the facts before it do not disclose a violation of articles 3, 6 (2), 24 or 37 (a) of the
Convention.
18
19
20
21
10
General comment No. 6 (2005), para. 27.
K.Y.M. v. Denmark (CRC/C/77/D/3/2016), para. 11.8; X.C., L.G. and W.G. v. Denmark
(CRC/C/85/D/31/2017), para. 8.3.
C.E. v. Belgium (CRC/C/79/D/12/2017), para. 8.4; E.A. and U.A. v. Switzerland, para. 7.2.
Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017),
para. 32 (k).
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