The UN Committee on the Rights of the Child (UNCRC) found that Finland failed to consider the best interests of the child of a lesbian couple when rejecting his asylum request, and to protect him against a real risk of irreparable harm when the family had no other choice but to return to Russia.

The case concerned an application filed on behalf of A. B., 11 years old at the time of decision, who had fled Russia together with his family after they faced harassment and threats, and he was victim of bullying and isolation at school.  The period relates to regions across Russia introducing the so-called “anti-propaganda laws”, which have led to an increasingly hostile environment against people of diverse sexual orientations, gender identities and expressions. The legislation prohibiting the “promotion of non-traditional sexual relationships” was adopted in 2013 at the national level.

Fearing for their safety, the family fled to Finland, where the child started to attend school, made friends, and no longer had to live in fear of calling both of his parents “mother” and of talking to anyone about his family.  Finland rejected their application for asylum and although acknowledging the past experiences of threats, bullying and discrimination, nonetheless, the authorities concluded that these facts could not be considered as amounting to persecution.

The UNCRC held that, when adopting the asylum decision, Finland violated its obligation to ensure that the applicant will not face a real risk of serious harm, such as violence or harassment, in his home country. The Committee further noted that, when adopting the contested decision, the Finnish authorities failed to take account of the applicant’s young age and the permanent impact that the bullying and stigmatisation caused by his mother’s sexual orientation will have on him.

The Committee decided that the Finnish Government must provide an effective reparation for the infringement, including adequate compensation for the applicant. The Finnish Government was also ordered to take all necessary measures to prevent similar violations in the future, in particular by ensuring that the primacy of the best interests of the child will be taken into account effectively and systematically in asylum procedures and that children will systematically be heard.

Finland has also to report back to the Committee within eight months on the measures taken to give effect to the Committee’s Views.