Case Law
- Council of Europe: European Commission on Human Rights 3
- Council of Europe: European Court of Human Rights 17
- European Union: Court of Justice of the European Union 3
- Netherlands, The: Council of State (Raad van State) 4
- Netherlands, The: The Hague District Court 1
- UN Committee Against Torture (CAT) 2
- United States Court of Appeals for the Ninth Circuit 1
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X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21
The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal. 22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation |
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CASE OF S.A. v. THE NETHERLANDS
(Application no. 49773/15)
Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3 2 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan |
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CASE OF A.S.N. AND OTHERS v. THE NETHERLANDS
(Applications nos. 68377/17 and 530/18)
Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan. 25 February 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Sikh | Countries: Afghanistan - Netherlands |
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M.M. and Others v. The Netherlands
Linked applications: 26268/09, 33314/09 and 53926/09 19 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Netherlands |
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Applicant v. State Secretary for Security and Justice
Original decision in Dutch attached. 18 July 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Burden-sharing and international co-operation - Children-at-risk - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Italy - Netherlands |
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A.M. v. the Netherlands
5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Hazara - Persecution based on political opinion | Countries: Afghanistan - Netherlands |
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R.B.A.B. and Others v. the Netherlands
7 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Female genital mutilation (FGM) - Freedom from torture, inhuman and degrading treatment | Countries: Netherlands - Sudan |
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X v. the State Secretary of Security and Justice
7 January 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Netherlands - Syrian Arab Republic |
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F.B. v. The Netherlands
15 December 2015 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: Guinea - Netherlands |
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M.C. v. The Netherlands
14 December 2015 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement | Countries: Guinea - Netherlands |
