Case Law

The Committee makes the following recommendations to the State party: (a) Concerning the author of the communication and her daughters: (i) Reopen their asylum case, taking into account the Committee’s views; (ii) Refrain from forcibly returning them to Jordan, where they would be exposed to a real, personal and foreseeable risk of severe forms of gender-based violence. (b) General: (i) Take all measures necessary to ensure that victims of gender-based forms of persecution who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to gender-based violence or to torture or ill-treatment; (ii) Ensure that the threshold for accepting asylum applications is measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution upon her return; (iii) Ensure that women asylum seekers have timely information on the importance of the first interview and what constitutes relevant information in that context; (iv) Ensure that, whenever necessary, examiners use all the means at their disposal to produce and/or verify the necessary evidence in support of the application, including by seeking and gathering information from reliable governmental and non-governmental sources on human rights in the country of origin, in particular relating to the situation of women and girls, and taking all necessary measures in that regard; (v) Ensure, when interpreting all legally recognized grounds for asylum, the classification of claims for asylum on the basis of gender under the grounds of membership of a particular social group, where necessary, and consider adding sex and/or gender and other status to the list of grounds for refugee status in national asylum legislation;

15 July 2019 | Judicial Body: UN Committee on the Elimination of Discrimination Against Women (CEDAW) | Legal Instrument: 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Topic(s): Domestic violence - Forced marriage - Gender-based persecution - Women's rights | Countries: Denmark - Jordan - Palestine, State of

Deportation of girl to Somalia, where she would face an alleged risk of being forcefully subjected to female genital mutilation

25 January 2018 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Children's rights - Female genital mutilation (FGM) | Countries: Denmark - Somalia

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

26 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of expression - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Iran, Islamic Republic of

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21 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Denmark

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10 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Domestic violence - International Covenant on Civil and Political Rights (ICCPR) - Prostitution / Commercial sex work - Residence permits / Residency | Countries: Denmark - Iran, Islamic Republic of - Italy

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3 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of religion - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Denmark - Malaysia

24 May 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Prevention of discrimination - Right to family life | Countries: Denmark - Ghana - Togo

21 October 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Iran, Islamic Republic of

25 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Italy - Somalia