Illegal children born outside marriage

Concerning X.C. and L.G. vs. Denmark for violation of articles 2, 3, 6, 7 and 8 of CRC.

The authors X.C., born 2014, and L.G., born 2015 are Chinese nationals, both born in Denmark. The authors’ mother W.M.C. entered Denmark in 2012.

The mother was forced to have an abortion in 2011 and left China illegally a couple of months later, subsequently gave birth to two children out of wedlock, and therefore can be sentenced to a considerable fine, alternatively short-term imprisonment, and banned from leaving the country for a period. Furthermore, they would not be given any social rights in case of their return to China as they could not be entered in the family register (Hukou).

On 7 September 2015 the Danish Immigration Service refused asylum to the author’s mother, and on 17 March 2017 the Refugee Appeals Board upheld the decision. The Board observe that the sanctions that the authors will experience when returned seems unreasonable in a Danish context, but the Board does not find that these conditions are of such nature to be considered persecution or ill-treatment.

Thus, the case was brought before the Committee on 8 august 2017. Pursuant to article 6 of the Optional Protocol, the Committee requested the government to refrain from returning the authors to China while their case is being considered by the Committee (interim measures).

In 2019, the mother had her third child, W.G., and since the two authors now have a smaller brother, the three siblings together form a violation of the current family policy in China.

11. February 2020

CRC 31/2017
Comm: Child