R.R. v. Denmark

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R.R., an Iranian national, had left Iran for Italy with her husband and children due to her husband’s activities for the Kurdish Komeleh party. While in Italy, they lived in an asylum center and then were provided with a dwelling. They had difficulty paying rent as they could not find steady employment and her husband became addicted to narcotics. Her husband subjected her and the children to domestic violence and she was forced into prostitution by her husband. She left her husband and took her children. She was diagnosed with bipolar disorder, depression, and cervical cancer, and received help from friends to pay for surgery. Her youngest son suffered from heart disease. She and her children left Italy and sought asylum in Denmark. Danish authorities rejected her asylum application, finding that Italy should serve as her first country of asylum. R.R. claimed that by forcibly returning her and her two children to Italy, Denmark would violate its rights under article 7 of the Covenant. She stated that her family unit were particularly vulnerable as she was a single mother, she and her son required medical attention, and they risked facing inhuman and degrading treatment upon return to Italy, including a risk of homelessness and destitution, with limited access to the necessary medical care. The Committee, acting under article 5(4) of the Optional Protocol, decided that the deportation of R.R. and her two children to Italy without proper assurances from Italy that it would renew her residence permit and issue permits for her children and that it would receive her family in conditions appropriate for her children’s age and the family’s vulnerable status to enable them to remain in Italy, would violate their rights under article 7 of the Covenant. The Committee required Denmark to review her claim in consideration of its obligations under the Covenant and the need to obtain proper assurances from Italy. While considering her request for asylum, the Committee requested that Denmark not deport her and her children.



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