CRC/C/85/D/56/2018
Migration, but also the fact that the State Secretariat did not take into account their wishes,
as reported by their lawyer and their mother, to stay in Switzerland because they felt safe
there in view of the support network of people they knew. The State Secretariat does not
specify how the interests of E.A. and U.A. were assessed and weighed.
5.13 With regard to article 22 of the Convention, the author considers that the State party
did not do everything in its power to protect E.A. and U.A. It did not take into account their
state of mind, their fears, their anxieties and their hopes when it coldly decided to send
them back to Italy.
5.14 The author claims that the authorities of the State Secretariat, the police and the
judiciary failed to interpret and apply domestic norms in order to effectively guarantee the
right to health and the physical and mental well-being of E.A. and U.A. within the meaning
of article 24 of the Convention.
5.15 With regard to the alleged violation of article 37 of the Convention, the author
reiterates that the State party subjected E.A. and U.A. to inhuman and degrading treatment.
She points out that at the time of their first entry into Switzerland, E.A. and U.A. had fled
their country because of the persecution suffered by their parents. On arrival in Switzerland,
the children experienced psychological stress due to the way their parents were treated.
They returned to their country, where they experienced the disappearance of their father
and a second escape with the hope of finding in Switzerland a few people who could
provide them with a degree of stability. However, they were subjected to a “transfer” to
Zurich airport to be sent back to Italy.
5.16 The author informed the Committee that E.A. is attending school, while U.A. is
enrolled in kindergarten. Their father has arrived in Switzerland and lives with the family in
a centre for asylum seekers.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 20 of its rules of procedure under the Optional Protocol,
whether the communication is admissible under the Optional Protocol.
6.2
The Committee takes note of the State party’s argument that the author has failed to
exhaust all available domestic remedies with respect to her claims in relation to the
attempted removal of 12 September 2018. It notes that the author complained to the
cantonal authorities – the government and parliament of the canton of Ticino – about the
actions of the police during the attempted removal, but she did not institute legal
proceedings. Accordingly, the Committee concludes that the claims related to articles 2, 3,
6 (2), 24 and 37 of the Convention concerning the attempted removal on 12 September
2018 and its consequences on the health of E.A. and U.A. are inadmissible under article 7
(e) of the Optional Protocol.
6.3
The Committee takes note of the author’s allegation of a violation of article 37 of the
Convention in relation to the reception conditions of her family during her first stay in
Switzerland. It notes, however, that it does not appear from the communication that these
conditions have been challenged before the Swiss authorities. It therefore finds that this
allegation is also inadmissible under article 7 (e) of the Optional Protocol.
6.4
The Committee takes note of the author’s allegation that the State party has violated
its obligation to respect the rights set forth in article 2 of the Convention, as the State
Secretariat for Migration failed to take into consideration the vulnerability of E.A. and U.A.
It also takes note of the author’s allegation that the State Secretariat discriminated against
E.A. and U.A., as prohibited by article 2 (2) of the Convention. The Committee notes,
however, that the author sets out these grievances in a very general manner, without
explaining the basis of the alleged discrimination. Therefore, the Committee declares these
claims manifestly ill-founded and inadmissible under article 7 (f) of the Optional Protocol.
6.5
The Committee takes note of the State party’s arguments that the provisions of
articles 2 (2), 3, 6 (2), 22 and 24 of the Convention do not provide a basis for subjective
12
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