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.

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