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).
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