CEDAW/C/76/D/122/2017 regulations concerning fundamental rights, including the Council of Europe Convention on Action against Trafficking in Human Beings and Directive 2011/95/EU of the European Parliament and of the Council. Thus, Italy is obliged to ensure the safety of asylum seekers and must, inter alia, guarantee be neficiaries of international protection access to health care, accommodation and employment under the same conditions as its nationals. In addition, Italy has an effective judicial system capable of investigating cases of violence and punishing the perpetr ators, as needed. Consequently, the State party considers that it has not violated article 2 of the Convention. 4.19 The State party then notes the author’s claims that, as a victim of forced marriage and domestic violence, her rights under article 3 of t he Convention would be violated if Switzerland returned her to a country in which she would not have access to the specialized treatment she needs, while separating her from her husband and father of her child. The author has already raised these claims at the national level, and they have been carefully examined. The State party stresses that the author would be able to obtain the required treatment in Italy, including mental health care if necessary, and could undertake therapy there. According to the Sta te party, the author’s state of health, though not to be downplayed, has not changed since the Federal Administrative Court judgment of 29 September 2017, and Italy has undertaken to provide specialized care for vulnerable persons granted international protection. 17 Thus, there is no evidence that Italy would be unable to offer the author an appropriate setting for treatment of the trauma she has suffered. It will be for the Swiss authorities to inform their Italian counterparts of the author’s medical situ ation when her removal is carried out, as they did on the occasion of her earlier transfer. 4.20 Regarding the author’s claim that it would not be reasonable to transfer her because she and her child would be separated from her husband, the State party no tes that it has already been examined by the national authorities, which concluded that the couple could reside in Italy, by way of an alternative. In addition, her husband could initiate a family reunification procedure, the outcome of which the author co uld await in Italy, or she could start such a procedure herself in that country. Neither the complexity of the procedure, nor the uncertainty as to its length, are insurmountable obstacles to the couple’s ultimately leading a family life, in Switzerland or in Italy. Accordingly, article 3 of the Convention has not been violated. 4.21 Lastly, the State party argues that there has been no violation of article 6 of the Convention. The national authorities carefully examined that claim and found that the author had never reported having been a victim of sexual violence between being transferred on 14 July 2016 and coming back to Switzerland. As for the author’s allegations that she was subjected to sexual violence during her first stay in Italy, the Swiss authorities noted that it was up to the author to report any such violence to the Italian authorities and request their aid. 18 The Swiss authorities also noted that the judicial system and the police in Italy were functioning, and that there was no evidence that the author had not been afforded protection in the past. Moreover, the author never raised trafficking in persons before the Swiss authorities during the asylum procedure. __________________ 17 18 10/16 The State party refers to the adoption of the Decree of 3 April 2017 concerning the guidelines for assistance, rehabilitation and mental health treatment for persons granted refugee status or subsidiary protection who have been victims of torture, rape and other serious forms of psychological, physical or sexual violence, which was published in the Gazzetta Ufficiale della Repubblica Italiana of 24 April 2017. The State party refers to D.G. v. Netherlands (CEDAW/C/61/D/52/2013). 20-11108

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