United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
11 October 2021
Original: English

Committee on the Rights of Persons with Disabilities

Views adopted by the Committee under article 5 of
the Optional Protocol, concerning communication
No. 58/2019*, **
Communication submitted by:

Z.H. (represented by counsel Rönnow Pessah,
replaced by Linnea Midtsian)

Alleged victim:

The author

State party:


Date of communication:

15 April 2019 (initial submission)

Document references:

Decision taken pursuant to rules 64 and 70 of the
Committee’s rules of procedure, transmitted to
the State party on 30 April 2019 (not issued in
document form)

Date of adoption of Views:

6 September 2021

Subject matter:

Deportation to Afghanistan; lack of access to
adequate medical treatment

Procedural issues:

Substantiation of claims; admissibility ratione
materiae; admissibility ratione loci; exhaustion
of domestic remedies; examination of the same
matter by another procedure of international

Substantive issues:

Right to life; freedom from torture and cruel,
inhuman or degrading treatment; discrimination
on the ground of disability; equal recognition
before the law; access to justice

Articles of the Convention:

10, 12, 13 and 15

Articles of the Optional Protocol:

1 and 2 (b), (c), (d) and (e)

The author of the communication is Z.H., a national of Afghanistan born in 1990. His
application for asylum has been rejected by the State party. He claims that his deportation to
Afghanistan would constitute a violation of his rights by the State party under articles 10 and
15 of the Convention. He also claims that he had no access to justice and was not treated with
equal recognition before the law by the domestic authorities in the course of his asylum
* Adopted by the Committee at its twenty-fifth session (16 August–14 September 2021).
** The following members of the Committee participated in the consideration of the communication:
Rosa Idalia Aldana Salguero, Danlami Umaru Basharu, Gerel Dondovdorj, Gertrude Oforiwa
Fefoame, Vivian Fernández de Torrijos, Odelia Fitoussi, Mara Cristina Gabrilli, Amalia Eva Gamio
Ríos, Samuel Njuguna Kabue, Rosemary Kayess, Kim Mi Yeon, Sir Robert Martin, Floyd Morris,
Jonas Ruskus, Markus Schefer, Saowalak Thongkuay and Risnawati Utami.


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