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15/07/2019
UN: CEDAW stated a breach of Denmark obligations under CEDAW Convention and recommended to reopen the asylum case.

ECLI
Input Provided By
EUAA IDS
Source
OHCHR
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Individual Complaints/Views
Relevant Legislative Provisions
UN International Covenants / UN Conventions;
Reference
United Nations, Committee on the Elimination of Discrimination against Women [CEDAW], R.S.A.A. et al v Denmark, CEDAW/C/73/D/86/2015 , 15 July 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=841
Case history
Related cases:
Abstract

The Committe on the Elimination of Discrimination against Woman (CEDAW) published its views adopted concerning communication no. 86/2015 related to decision to remove an asylum applicants and her children  to Jordan made by Denmark. 

The author of the communication is R.S.A.A., a Palestinian refugee from the Syrian Arab Republic, holding a Jordanian passport, born in 1970. The communication is submitted on behalf of the author and her daughters, S.A. and H.A., born in 1998 and 2005, respectively. The author claims that their deportation from Denmark to Jordan would violate their rights under articles 1 and 2 (d), read in conjunction with article 2 (e) and (f), and article 15 (4) of the Convention. 

The applicants submitted an asylum application that was rejected by the Danish Immigration Service in October 2013. The Refugee Appeals Board dismissed the appeal against the decision on January 2014. The application requested the Appeal Board to reopen the case, but Board refused to do it. Danish authorities finally informed that her deportation to Jordan would take place within few weeks. 

On April, the Committee, acting through its Working Group on Communications under the Optional Protocol, requested the State party to refrain from deporting the author and her children to Jordan pending the consideration of her case by the Committee. The Refugee Appeals Board suspended the time limit for the departure until further notice, in accordance with the Committee’s request. 

Country of Decision
United Nations
Court Name
UN: Committee on the Elimination of Discrimination against Women [CEDAW]
Case Number
CEDAW/C/73/D/86/2015
Date of Decision
15/07/2019
Country of Origin
Keywords
Return/Removal/Deportation
Vulnerable Group