CCPR/C/114/D/2360/2014
seeking better living conditions than in the country of first asylum. Subsidiary protection
may vary from country to country depending on the economic resources available in each
country. The decisions of the European Court of Human Rights, relied upon by the author,
are not on all fours with the author’s case.
6.
Concerning the particular situation of the author, the State party has the sole
discretion in taking a final decision, although the author has been largely responsible for
putting herself “in a situation of vulnerability” by bearing three children between 2008 and
2014.
7.
While the Covenant should be considered as a living instrument that can cater to
new situations which may arise some 50 years after it came into being, there is certainly a
risk in extending the scope of article 7 to the situation described in the present case, as it
may result in dire consequences and create innumerable problems, for which a solution is
not within the ambit of the Covenant.
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