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.
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