CCPR/C/127/D/2956/2017
Best interests of the children
5.
The authors’ family includes five minor children: twins aged 13, one 10-year-old,
one 2-year-old and one 1-year-old. The authors claim that they did not receive adequate
nutrition or health care during their detention in Bulgaria and that the two youngest children,
aged 1 and 2, were fed bread soaked in water instead of milk (para. 2.2). Four of the five
children were suffering from thalassaemia (para. 2.7 and footnote 8). The Austrian
authorities refer to Directive 2013/33/EU of the European Parliament and the Council of 26
June 2013 laying down standards for the reception of applicants for international protection,
which, in its article 23, pays specific attention to and protection for minors. That article
provides that States members of the European Union shall ensure a standard of living
adequate for the minor’s physical, mental, spiritual, moral and social development. Given
the four children’s health conditions, in other words the fact that they were suffering from
thalassaemia, the inadequate living conditions in the Bulgarian reception centre (a family of
seven living in one unlocked room) and the lack of access to schooling and leisure activities,
the Austrian authorities failed to adequately take into account the best interests of the five
minor children.
Failure to follow the interim measures and the suspensive effect of the
Constitutional Court judgment
6.
The Austrian authorities did not comply with the interim measures indicated by the
Committee on 14 February 2017, reiterated on 15 March 2017, and the 2 May 2017
decision of the Constitutional Court granting suspensive effect to the authors’ appeal (para.
2.10).
Concluding remarks
7.
Although the Austrian authorities try to distinguish this case from R.A.A. and Z.M. v.
Denmark (para. 4.10), it is difficult to see how the untreated severe condition of the mother,
who suffered from post-traumatic stress disorder, and ensuring the best interests of the five
minor children make this a different case. For the reasons explained above, in my opinion
the removal of the authors to Bulgaria amounted to a violation of article 7 of the Covenant.
14
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