CCPR/C/124/D/2734/2016
Returning the child to Italy, where he has never been, would not be in the child’s best
interests, which should be a primary consideration in all actions concerning children, in
accordance with by article 3 of the Convention on the Rights of the Child, to which
Denmark is a party.
8.
Finally, Denmark has failed to consider the present general human rights and
political situation in Italy, especially anti-immigration policies set up after the most recent
general elections and the particularly difficult economic conditions that the country is
facing within the European Union.
9.
I would therefore have concluded that the State party has violated article 7 of the
Covenant, since it failed to conduct a thorough and sufficient evaluation of whether the
author and her son would be exposed to conditions constituting cruel, inhuman or
degrading treatment if returned to Italy, thus rendering this return a particularly traumatic
experience for them, especially for the child.
GE.19-02298
13
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