CCPR/C/120/D/2470/2014
and her children (raising, as a result, the possibility of de facto refoulement from Italy to
her country of origin).
7.
In the present case, it is not disputed that the author, who has one child, enjoys
subsidiary protection and is entitled to receive social assistance in Italy. She does not have
any health issues and may also lawfully work to support herself and her son. The facts of
the present case also suggest that, unlike in the case of Jasin v. Denmark, there has been no
demonstrable failure by the Italian authorities to attend to the social or medical needs of the
author: she received a housing solution and had access to medical care (see paragraph 2.2
above).
8.
Although we consider that deportation to Italy may put the author in a more difficult
situation than the one confronting her and her son in Denmark, we do not have before us
information suggesting that their plight is different in nature to that of many other asylum
seekers who have arrived in Europe in recent years. Nor are we in a position to hold, on the
basis of the information before us, that the difficulties to which the author would be
exposed upon deportation could be expected to reach the exceptional level of harshness and
irreparability that would result in a violation of article 7 of the Covenant. The author’s lack
of education does not change this conclusion, as there is no reason to believe that she was
unable to obtain assistance in Italy in the past because of this reason, or that access to social
services in Italy requires asylum seekers to possess a certain level of education.
9.
Under these circumstances, we cannot conclude that the decision of the Danish
authorities to deport the author and her son to Italy was arbitrary or amounted to a manifest
error or denial of justice that would entail a violation of article 7 of the Covenant by
Denmark. Thus, although we regret the decision of the Danish authorities not to seek
individual assurances from Italy prior to the deportation of the author, we do not consider
such a failure to violate article 7 of the Covenant.
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