CRC/C/81/D/47/2018
United Nations
Convention on the
Rights of the Child
Distr.: General
28 June 2019
English
Original: French
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. 47/2017*, **
Communication submitted by:
J.G.
Alleged victim:
The author
State party:
Switzerland
Date of communication:
15 June 2018
Subject matter:
Deportation of a child with disabilities to Angola
1.
The author of the communication is J.G., a national of Angola, born in 2004. He has
been diagnosed with a pervasive developmental disorder requiring specialized treatment
and schooling. At the time of his arrival in the State party, the Geneva Adult and Child
Protection Court requested that the author be assigned a guardian and be admitted to a
psychiatric centre. The author’s asylum application was denied in April 2018 by the State
Secretariat for Migration, without consideration of the merits. In May 2018, the Federal
Administrative Court upheld the decision on appeal. The author submits that his return to
Angola would breach his rights under articles 2 (2), 3, 6, 12, 23 to 27 and 37 of the
Convention.
2.
On 19 June 2018, the Committee, acting through its working group on
communications, decided to register the communication and to request the State party to
refrain from deporting the author to Angola while his communication was pending before
the Committee.
3.
On 31 October 2018, the State party informed the Committee that, following an
application for review filed by the author on 15 October 2018, the State Secretariat for
Migration had decided to reopen the case. This information was corroborated by the author.
Accordingly, the procedure before the Committee was suspended. On 30 January 2019, the
State party informed the Committee that, in a decision of 4 December 2018, the State
Secretariat for Migration re-examined the author’s specific case and granted him a
residency permit in Switzerland; therefore, he was no longer at risk of deportation to
* Adopted by the Committee at its eighty-first session (13–31 May 2019).
** The following members of the Committee participated in the consideration of the communication:
Suzanne Aho Assouma, Aissatou Alassane Sidikou, Amal Salman Aldoseri, Hynd Ayoubi Idrissi,
Bragi Gudbrandsson, Philip Jaffe, Olga A. Khazova, Cephas Lumina, Gehad Madi, Faith MarshallHarris, Benyam Dawit Mezmur, Mikiko Otani, Luis Ernesto Pedernera Reyna, José Ángel Rodríguez
Reyes, Ann Marie Skelton, Velina Todorova and Renate Winter.
GE.19-11009 (E)
060819 080819