Z.E., a female Afghan applicant, and her brother A.E. who fled to Iran as a young children, were granted refugee status in Greece on 9 May 2019 and 22 January 2019, respectively. Z.E. claimed that from the age of 5 she was sexually abused by her cousin. At the age of 17, she was forcibly married and endured physical and sexual abuse at the hands of her husband in Iran, resulting in hospitalisation. Whilse in Lesbos in Greece, she was raped by a neighbour in the refugee camp. As the perpetrator had power in the refugee camp, the interpreter refused to translate Z.E.'s statements when she tried to report the offence. She visited the doctor on several occasion due to suicidal ideation and trauma. She and her brother relocated to Athens, where she was informed that her husband was searching for them with the aim to kill them. They filed a police report, but no action was taken. Due to their refugee status, they were no longer provided with housing, medical support, financial aid or other support from the Greek authorities, and ended up homeless and fearing for their lives. They fled to Switzerland on 1 November 2019 and applied for asylum on the same day. On 20 January 2020, the State Secretariat for Migration (SEM) ordered their transfer to Greece under the Dublin III Regulation in light of their refugee status there, asserting that Greece was bound by international obligations and that they could receive support from NGOs.

The applicants appealed to the Federal Administrative Court on 25 March 2021, claiming that a removal would put Z.E. at risk of sexual abuse, torture and inhuman treatment due to the lack of social, medical and legal support and police protection, homelessness and the vulnerable situation of the applicants. On 7 April 2021, the court jointly dismissed the appeals, finding Greece to be a safe third country with necessary medical treatment available. Their forced return was scheduled for 27 May 2021.

The applicants claimed that Switzerland violated Articles 2(c)–(f), 3 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women by failing to conduct a gender-sensitive assessment of Z.E.'s asylum application, as her interview was conducted in the presence of a male interpreter. She argued that she was not given any opportunity to provide a properly recorded and detailed account of the gender-based threats and violence she experienced in Greece, so Switzerland failed to consider these gender-specific risks. Additionally, she claimed that such removal would expose her to a serious and personal risk of sexual violence and would constitute a violation of the principle of non-refoulement due to the desolate living conditions in Greece. She also contended that a separation from her brother would further destabilise her as he was her only person of trust. The applicant argued that that Greek authorities have failed to address persistent and severe gender-based violence and discrimination against refugee women, particularly single women. They highlighted the widespread sexual violence in Moria camp and Athens, the inadequacy of police protection, and the lack of psychological support, shelter, and proper case management for survivors. Reported incidents are often ignored, not recorded, or not prosecuted, leaving women extremely vulnerable.

The Committee on the Elimination of Discrimination against Women (CEDAW) adopted its views on Communication No 171/2021 on 4 July 2025. Pending this consideration, the state party informed the Committee that the transfer of the applicant to Greece would be suspended.

The Committee noted the applicant's undisputed status as a survivor of gender-based violence since her childhood in Iran, and that she was recognized as a refugee in Greece. It also acknowledged her claims of being raped in Greece and her deteriorating mental health, with medical reports confirming suicidal ideation.

The Committee emphasized that under Article 2(d) of the Convention, states must avoid discrimination against women and ensure public authorities comply with this obligation. In line with international human rights law, states are also bound by the principle of non-refoulement, which prohibits returning individuals to places where they risk serious human rights violations such arbitrary deprivation of life or torture or other cruel, inhuman or degrading treatment of punishment. Gender-based violence is recognized as a form of discrimination under Article 1 of the Convention, as it undermines women's human rights, including the rights to life and freedom from torture. In its General Recommendation No 35 (2017), the Committee reaffirmed that states are responsible for addressing gender-based violence, whether committed by state or non-state actors. Consequently, returning a person to a country where serious gender-based violence is foreseeable, and where authorities cannot provide protection, constitutes a violation of the Convention. What qualifies as serious gender-based violence must be assessed by the Committee on a case-by-case basis, once the complainant has made a substantiated prima facie claim.

The Committee emphasized that while it is generally the responsibility of state authorities to evaluate facts, evidence, and the application of national law, such evaluations must not be biased, based on gender stereotypes, clearly arbitrary, or amount to a denial of justice. The Committee noted the applicant's statement that although she was interviewed by a woman, the interpreter was a man. It reiterated that states must give sufficient weight to the real and personal risk a person might face if deported.

In this case, the Committee stressed that the state party should have conducted an individualized, trauma informed and gender-based assessment of the applicant's real, personal, and foreseeable risk as a refugee and woman victim of gender-based violence with suicidal ideation. The Committee found that the state party failed to properly consider the applicant's vulnerable status and determined that a more thorough risk assessment would have been required.

The Committee therefore concluded that Switzerland's decision to transfer Z.E. to Greece would breach Articles 2(c)–(f), 3, and 12 of the Convention. It recommended that the state party reopen her asylum request, taking the Committee's findings into account and refrain from returning her to Greece while her case is reassessed. More generally, the Committee advised that victims of gender-based violence should not be returned to their first-entry country under the Dublin III Regulation without an individualized, trauma-informed, and gender-sensitive assessment of the real risk of harm. The state party was required to respond in writing within six months, outlining any actions taken, and to publish and widely disseminate the Committee's views and recommendations to ensure they reach all relevant sectors of society.