CRC/C/85/D/56/2018
rights whose violation can be invoked before the Committee. In this regard, the Committee
recalls that the Convention recognizes the interdependence and equal importance of all
rights (civil, political, economic, social and cultural) that enable all children to develop
their mental and physical abilities, personalities and talents to the fullest extent possible. 13 It
also recalls that the best interests of the child, as enshrined in article 3 of the Convention, is
a threefold concept which is at the same time a substantive right, an interpretative principle
and a rule of procedure.14 The Committee notes that under article 5 (1) (a) of the Optional
Protocol, individual communications may be submitted against a State party to the
Convention by or on behalf of individuals or groups of individuals claiming to be victims
of a violation by that State party of any of the rights set forth in the Convention.
Accordingly, the Committee considers that there is nothing in article 5 (1) (a) of the
Optional Protocol to suggest a limited approach to the rights whose violation may be
invoked in the individual communications procedure. The Committee also recalls that it has
in the past ruled on alleged violations of the articles invoked under the individual
communications mechanism.15
6.6
The Committee considers that, although the author’s claims under article 24 of the
Convention, according to which E.A. and U.A. would not receive in Italy the adequate and
necessary psychological care for persons who have been subjected to ill-treatment, also
appear to relate to alleged trauma experienced prior to the filing of the second asylum
application, she does not produce any evidence to substantiate this allegation. Therefore,
the Committee declares this claim manifestly ill-founded and inadmissible under article 7 (f)
of the Optional Protocol.
6.7
However, the Committee considers that the author has sufficiently substantiated her
remaining claims under articles 3, 12 and 22 of the Convention for the purposes of
admissibility. Accordingly, it declares this part of the communication admissible and
proceeds with its consideration on the merits.
Consideration of the merits
7.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, in accordance with article 10 (1) of the
Optional Protocol.
7.2
The Committee 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 in place 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.16
7.3
The Committee takes note of the author’s allegation that the State party has violated
article 12 of the Convention because the national authorities did not hear E.A. and U.A. and
did not take into account the reports and testimonies introduced during the proceedings.
The Committee takes note of the State party’s arguments that E.A. and U.A. were not heard
in view of their young age, the fact that the children’s interests coincided with those of their
mother, and that they could exercise their right to be heard through the intermediary of their
mother and their legal counsel. The Committee notes that article 12 of the Convention
guarantees the right of the child to be heard in any judicial or administrative proceedings
affecting the child, either directly, or through a representative. It points out, however, that
this article imposes no age limit on the right of the child to express her or his views, and
that it discourages States parties from introducing age limits either in law or in practice that
would restrict the child’s right to be heard in all matters affecting her or him. 17 The
Committee does not agree with the State party’s argument that E.A. and U.A. did not need
13
14
15
16
17
GE.20-14363
Committee on the Rights of the Child, general comment No. 15 (2013), para. 7.
Committee on the Rights of the Child, general comment No. 14 (2013), para. 6.
M.T. v. Spain (CRC/C/82/D/17/2017), para. 12.5; C.R. v. Paraguay (CRC/C/83/D/30/2017), para. 7.5;
and J.A.B. v. Spain (CRC/C/81/D/22/2017), para. 12.5.
C.E. v. Belgium, para. 8.4.
Committee on the Rights of the Child, general comment No. 12 (2009), para. 21.
13
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