CEDAW/C/76/D/122/2017
protection. She states that, during her stay in Italy, she was a victim of sexual violence
in a refugee camp and lived on the streets for a certain period. The author argues that
her asylum application was not assessed in the light of the evidence she submitted
and that the Swiss authorities did not take into account the fact that she runs a real,
personal and foreseeable risk of becoming a victim of serious forms of discrimination
against women, in particular gender-based violence, and of being exposed to
prostitution, given the migrant crisis in Italy and the lack of structures able to ensure
her protection.
7.3 The Committee notes the State party’s contention that the author has not
demonstrated that there are substantial grounds for believing that she is in danger of
being subjected to serious gender-based violence if returned to Italy, where she was
granted subsidiary protection in 2013; that there are no specific indications that the
author was not afforded protection in Italy in the past; that the author could have
access to the medical care she needs in Italy and is not, on the basis of her state of
health, a vulnerable person whose health or life might be in danger if she were sent
back; and that the authorities of the State party conducted the examination of the
author’s asylum claims in a manner respecting its obligations under the Convention.
Moreover, the Committee notes the State party’s assertion that the couple could reside
in Italy, by way of an alternative; and that the author’s husband, who is gainfully
employed, could initiate a family reunification procedure in Switzerland, the outcome
of which the author could await in Italy, and that 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.
7.4 The Committee notes that, in substance, the author’s claims are aimed at
challenging the manner in which the State party’s authorities assessed the
circumstances of her case, applied the provisions of national law and reached their
conclusions. The Committee recalls that it is generally for the courts of the States
parties to the Convention to evaluate the facts and evidence or the application of
national law in a particular case, 32 unless it can be established that the evaluation was
biased or based on gender stereotypes that constitute discrimination against women,
was clearly arbitrary or amounted to a denial of justice. 33 The Committee notes that
nothing on file demonstrates that the examination by the authorities of the author’s
claims regarding her fears as to the risks she would face upon her return to Italy
suffered from any such defects. The Committee notes that, desp ite generalized
statements made by the author regarding perceived inefficiencies in the asylum
procedures of the State party, they are not alleged to have amounted to, or provoked,
discrimination or rendered decisions made by authorities arbitrary in the a uthor’s
case. Moreover, it is for each sovereign State party to determine the nature, structure
and procedures of its own asylum system, as long as basic procedural guarantees set
down in international law are provided.
7.5 In the light of the foregoing, while not underestimating the concerns that may
legitimately be expressed with regard to the general situation of services for asylum
seekers and vulnerable persons in Italy, the Committee considers that the authorities
of the State party gave sufficient consideration to the author’s asylum applications
and offered her reasonable alternatives. The Committee therefore considers that the
authorities of the State party examined the author’s asylum applications in a manner
respecting the State party’s obligations under the Convention. The Committee notes,
however, that the State party is obliged to ensure that the Italian authorities are
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32
33
20-11108
See, for example, R.P.B. v. Philippines (CEDAW/C/57/D/34/2011), para. 7.5.
See, for example, N.Q. and S.A. v. United Kingdom of Great Britain and Northern Ireland
(CEDAW/C/63/D/62/2013), para. 6.6.
15/16
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