CRC/C/87/D/86/2019

United Nations

Convention on the
Rights of the Child

Distr.: General
16 June 2021
Original: English

Committee on the Rights of the Child

Views adopted by the Committee under the Optional
Protocol to the Convention on the Rights of the Child on a
communications procedure, concerning communication
No. 86/2019*, **
Communication submitted by:

D.R. (represented by counsel, Sarah Vincent)

Alleged victims:

G.R., H.R, V.R. and D.R.

State party:

Switzerland

Date of communication:

15 May 2019

Date of adoption of Views:

31 May 2021

Subject matter:

Deportation to Sri Lanka; access to medical care

Procedural issues:

Non-exhaustion of domestic remedies; lack of
substantiation of claims; justiciability of
Convention rights

Substantive issues:

Best interests of the child; effective remedy;
right to health; torture and ill-treatment

Articles of the Convention:

3, 4, 6 (2), 24 and 37 (a)

Article of the Optional Protocol:

7 (e)–(f)

1.1
The author of the communication is D.R., born in 1982. He submits the
communication on behalf of his children, G.R. and H.R., born in 2019 and 2014 respectively,
his wife, V.R., born in 1990, and himself. All are nationals of Sri Lanka. The author and his
family are facing removal to Sri Lanka. He claims that their removal would constitute a
violation of their rights, including G.R.’s rights under articles 3 and 4 of the Convention.
Although not formally cited by the author, the complaint also raises, in substance, issues
under articles 6 (2), 24 and 37 (a) of the Convention. The Optional Protocol entered into force
for the State party on 24 July 2017. The author and his family were not represented by counsel
at the time of submitting their initial communication. They have been represented by counsel
since 16 August 2019.
1.2
On 20 May 2019, pursuant to article 6 of the Optional Protocol, the working group on
communications, acting on behalf of the Committee, requested the State party to refrain from

* Adopted by the Committee at its eighty-seventh session (17 May–4 June 2021).
** The following members of the Committee participated in the examination of the communication:
Suzanne Aho Assouma, Hynd Ayoubi Idrissi, Rinchen Chophel, Bragi Gudbrandsson, Philip Jaffé,
Sopio Kiladze, Gehad Madi, Faith Marshall-Harris, Benyam Dawit Mezmur, Otani Mikiko, Luis
Ernesto Pedernera Reyna, Zara Ratou, Aïssatou Alassane Sidikou, Ann Marie Skelton, Velina
Todorova and Benoit Van Keirsbilck.

GE.21-08042(E)

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