Husband’s second wife case

Concerning Ms. O.H.A and her four daughters (represented by the Danish Refugee Council) vs Denmark for violation of article 7 of CCPR.

The author fled Somalia as she feared the family members of her late husband, who had been killed by Al-Shabaab, and the family of her late husband’s second wife. She fled to Libya where she was imprisoned and then to Italy where she was issued a residence permit. One of the author’s daughters had been forced to enter a marriage, arranged by the author’s brother-in-law, who was associated with Al-Shabaab. Due to the fear of forced marriage, the daughters joint the author in Italy but faced homelessness.

Thus the author and her daughters fled to Denmark and applied for asylum. The Danish authorities rejected the application for asylum as they considered that there was no fully sufficient basis for not referring to Italy as the first country of asylum for the author and her minor children. Thus a complaint was sent to CCPR.

The Committee considers that the State party’s conclusion did not adequately take into account the information provided by the author, based on her own personal experience that, despite being granted residence in Italy, she faced intolerable living conditions there. Thus the committee is of the view that the deportation of the author and her four daughters to Italy would violate their rights.

24. March 2020

CCPR 2379/2014
  • Decision: 22. September 2016
  • Comm: Human Rights