CRPD/C/23/D/60/2019
argues that its responsibility under the Convention for acts or omissions contrary to the
Convention on another State’s territory is to be considered an exception to the main rule
that a State party’s responsibility for Convention obligations is limited to its territory, thus
requiring certain exceptional circumstances. It notes that although treatment contrary to
articles 10 and 15 of the Convention in another State could give rise to such exceptional
circumstances, acts or omissions contrary to other articles cannot. Accordingly, it submits
that the author’s claims under articles 6 and 12 should be declared inadmissible ratione
materiae and ratione loci.
4.7
The State party questions whether articles 10 and 15 of the Convention, invoked by
the author, encompass the principle of non-refoulement. In considering whether this is the
case, it invites the Committee to take into account that claims relating to the nonrefoulement principle can already be lodged with several international human rights
institutions, including the Human Rights Committee, the Committee against Torture and
the European Court of Human Rights. If the Committee takes the view that article 15 of the
Convention includes an obligation with regard to non-refoulement, the Government
considers that this obligation should apply only to claims relating to an alleged risk of
torture.
4.8
As concerns the author’s access to health care in Iraq, the State party notes that the
International Diabetes Federation stated in 2017 that diabetes was prevalent in 7.5 per cent
of the adult population of Iraq4 and that treatment centres for diabetes were available in
Iraq.5 In a 2016 report, the Office of the United Nations High Commissioner for Human
Rights and the United Nations Assistance Mission for Iraq noted the psychosocial health
sector in particular was perceived to lack specialized and trained staff and to be
underresourced. This was the result of increased poverty, due to the conflict, the
international sanctions regime during the 1990s and the targeting of medical and
paramedical professionals during the period 2003–2008, which led to a “brain-drain” of
specialized health professionals, including in this particular field. Very limited psychosocial
support services seem to be available, and are mostly offered by private institutes, although
at a cost that is prohibitive for many families. 6 The State party, however, notes that some
examples of hospitals and clinics that provide treatment and medication for mental health
conditions can be found on the website for the sharing of medical country of origin
information (MedCOI).7
4.9
The State party submits that a return of the author to Iraq would not entail a
violation of her rights under articles 10 or 15 of the Convention. It submits that there is no
reason to conclude that the domestic decisions were inadequate or that the outcome of the
proceedings was in any way arbitrary or amounted to a denial of justice. It argues that its
domestic authorities have conducted a thorough examination of the author’s case and have
examined the author’s cited impediments to enforcement of the expulsion order on three
occasions, during which, through her public counsel, the author was invited to make written
submissions and appeals. It argues that the author has not shown that her medical condition
is of such an exceptional nature that her removal to Iraq would violate her rights under
article 15, and that no separate issue arises under article 10 of the Convention.
4.10 The State party notes that the question of whether an expulsion can be seen as
contravening articles 2 or 3 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (European Convention on Human Rights) on the basis of a person’s
ill health has been examined on several occasions by the European Court of Human Rights.
4
5
6
7
6
www.idf.org/our-network/regions-members/middle-east-and-north-africa/members/36-iraq.html.
The State party notes that locations of hospitals or clinics that treat diabetes mellitus and pharmacies
and clinics of available medication was found on the MedCOI website, with examples listed in:
United Kingdom of Great Britain and Northern Ireland, Home Office, “Country policy and
information note – Iraq: medical and healthcare issues”, May 2019.
Office of the United Nations High Commissioner for Human Rights and the United Nations
Assistance Mission for Iraq, “Report on the rights of persons with disabilities in Iraq”, December
2016, pp. 11–12.
United Kingdom, Home Office, “Country policy and information note – Iraq: medical and healthcare
issues”, May 2019.