CEDAW/C/76/D/122/2017 3.6 The author maintains that it was not reasonable to expect a woman suffering from psychological trauma caused by sex slavery to leave her husband while pregnant in order to resettle in another country, where she would be left alone with the child she was expecting. 13 In view of these considerations, the State party’s attitude can only be described as discriminatory towards the author. 3.7 In view of the foregoing, the author considers that the State party has not taken the necessary measures to prevent her from falling victim once again to trauma and prostitution. There is a real risk that she would be subjected to acts of discrimination under the Convention, in particular sexual violence, if she were sent back to Italy. It follows that her removal would violate articles 2 (d) and 6 of the Convention. State party’s observations on the admissibility and merits of the communication 4.1 On 29 May 2018, the State party submitted its observations on the admissibility and merits of the communication. The State party recalls the facts of the case, in particular that the author was granted subsidiary protection in Italy in 2013, and was transferred to a camp in Sicily where most of the occupants were men and where she was sexually harassed. In June 2015, she married a Somali national who had been granted subsidiary protection in Switzerland. The author left Italy for Switzerland on 2 November 2015 and applied for asylum on 10 November 2015. On 1 March 2016, the State Secretariat for Migration decided not to consider the application and ordered the author’s return to Italy. On 14 July 2016, the author was transferred to Italy. 4.2 The State party stresses that, on 24 November 2015, the State Secretariat for Migration conducted a screening interview with th e author to ascertain her personal data. A fingerprint check in the Eurodac system revealed that the author had already been registered as an asylum seeker in Italy on 8 November 2013. On 15 December 2015, the State Secretariat for Migration sent the Dubli n Unit of the Ministry of the Interior of Italy a request to take the author back under article 18 of the Dublin III Regulation. On 28 December 2015, the Dublin Unit informed the State Secretariat for Migration that the author was a beneficiary of subsidia ry protection in Tuscany. On 6 January 2016, the State Secretariat for Migration completed the Dublin procedure and granted the author a hearing with regard to its decision not to consider her application and to send her back to Italy. On 12 January 2016, it requested Italy to readmit the author. On 16 January 2016, the author claimed that she had stayed in a camp that had accommodated men almost exclusively and that, while there, she had been subjected to violence, in particular sexual violence. She had tr ied in vain to be moved to a different centre and had been forced to live on the streets. On 29 January 2016, the Italian Ministry of the Interior agreed to the request addressed to it by the State Secretariat for Migration on the grounds that the author h ad been granted subsidiary protection in Italy until 11 November 2019. 4.3 On 1 March 2016, the State Secretariat issued a decision of non -consideration in respect of the author’s asylum application on the grounds that she had been granted subsidiary protection in Italy, a State considered safe by the Federal Council. The State Secretariat also recalled that Italy was bound by Directive 2011/95/EU of the European Parliament and of the Council, in which are set out the minimum standards that applicants from third countries or stateless persons must meet to qualify for international protection. Under the Directive, persons enjoying subsidiary protection have the same rights as Italian nationals in respect of access to health care, the labour market and social insurance. If those requirements had not been fulfilled, the author would have to assert her rights in Italy. The State Secretariat for Migration also noted __________________ 13 6/16 The author was pregnant at the time of the initial communication and gave bir th to a daughter in February 2018. 20-11108

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