CRC/C/87/D/86/2019
part of the communication is incompatible with the provisions of the Convention.15 It thus
declares this part of the communication inadmissible under article 7 (c) of the Optional
Protocol.
10.4 With respect to the reference to article 4 of the Convention, the Committee recalls that
this article sets out general obligations that can be invoked only in conjunction with other
rights of the Convention in the context of the individual communications procedure under
the Optional Protocol. 16 The Committee considers that, in the communication under
examination, the complaint under this article is insufficiently substantiated for the purposes
of admissibility. Furthermore, the Committee notes that no specific complaints were made
regarding H.R.’s schooling in Switzerland. Similarly, the author briefly mentions the fear of
returning to Sri Lanka for political reasons but does not substantiate this point. The
Committee considers that these facts are not sufficiently substantiated for the purposes of
admissibility under article 7 (f) of the Optional Protocol and declares them inadmissible.
10.5 The Committee considers, however, that the communication appears to raise
substantive issues under the Convention insofar as it relates to the decision to deport the
family to Sri Lanka in the context of G.R.’s medical treatment. The Committee considers that
this part of the communication is sufficiently substantiated for the purposes of admissibility,
in the light of the complaints under article 3 of the Convention, and that the author’s
references to G.R.’s development, his right to medication and the principle of nonrefoulement are to be understood in reference to articles 6 (2), 24 and 37 (a) of the Convention,
respectively.
10.6 The Committee takes note of the State party’s arguments that articles 3 and 4 of the
Convention do not provide a basis for individual rights whose violation can be invoked before
the Committee. The Committee recalls that the best interests of the child, as enshrined in
article 3 of the Convention, is a threefold concept that is at the same time a substantive right,
an interpretative principle and a rule of procedure. The Committee notes that, under article 5
(1) (a) of the Optional Protocol, individual communications may be submitted against a State
party to the Convention by or on behalf of individuals or groups of individuals claiming to
be victims of a violation by that State party of any of the rights set forth in the Convention.
Accordingly, the Committee considers that there is nothing in article 5 (1) (a) of the Optional
Protocol to suggest a limited approach to the rights whose violation may be invoked in the
individual communications procedure. The Committee also recalls that it has in the past ruled
on alleged violations of article 3 of the Convention invoked under the individual
communications mechanism.17 Thus, the Committee declares the communication admissible
insofar as it is sufficiently substantiated and proceeds to examine the merits.
Consideration of the merits
11.1 The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 10 (1) of the Optional Protocol.
11.2 The Committee notes the author’s argument that the decision to remove his family to
Sri Lanka violates the principle of non-refoulement because G.R. will not be able to gain
access to treatment for congenital hypothyroidism there, a situation that was allegedly not
duly taken into account by the State Secretariat for Migration. It also notes that the State party
submits that hypothyroidism is a common disease, that, according to the information
available, treatment for hypothyroidism is available in Sri Lanka and that the author will be
able to support his family through gainful employment and the possibility of financial or
material assistance. Furthermore, the author does not demonstrate, according to the State
party, that it would not be possible for G.R. to obtain treatment there.
11.3 The Committee recalls that States must not return a child to a country where there are
substantial grounds for believing that there is a real risk of irreparable harm to the child, such
15
16
17
U.A.I. v. Spain (CRC/C/73/D/2/2015), para. 4.4; Y and Z v. Finland (CRC/C/81/D/6/2016), para. 9.3.
A.S. v. Denmark (CRC/C/82/D/36/2017), para. 9.9.
M.T. v. Spain (CRC/C/82/D/17/2017), para. 12.5; C.R. v. Paraguay (CRC/C/83/D/30/2017), para. 7.5;
J.A.B. v. Spain (CRC/C/81/D/22/2017), para. 12.5; E.A. and U.A. v. Switzerland
(CRC/C/85/D/56/2018), para. 6.7.
9