Illegal children born outside marriage

Concerning X.C. and her sister L.G. vs Denmark for violation of articles 2, 3, 6, 7 and 8 of Convention on the Right of the Child (CRC).

The authors represented by counsel are children born in Denmark to a Chinese mother. The authors mother arrived in Denmark on 12 March 2012 and sought asylum on 7 November 2012 after being detained for staying in Denmark without valid travel documents. In detention she gave birth to the first author X.C. and they were denied asylum by Danish Immigration Service on 7 September 2015. The case was appealed to the Refugee Appeals board. Meanwhile the second author L.G. was born on 17 March 2017 – the authors and their mother were finally denied asylum in Denmark by the Danish Appeals Board. The Danish Appeals Board found that the sanctions would not be of such character and proportions that it can be considered as persecution or assault under the Danish Aliens Act.

The children’s mother is unmarried and she escaped from China after the Chinese authorities succeeded in performing a forced abortion on her. If the mother was returned to China and got pregnant again she would risk being forced to have another abortion and on these grounds she initially sought asylum in Denmark. Moreover, following the birth of her two children, she now fears that she will be persecuted by the Chinese authorities because she has had two children outside of marriage. She fears that the children will be forcibly removed from her and that they will not be registered in the Hukou family register, which is essential for ensuring their access to fundamental health services and education.

Since decisions by the Danish Appeals Board can not be invoked in front of the Danish Courts according to the Danish Aliens Act, the petitioner has exhausted all Danish national remedies and thus a complaint was sent to Committee on the right of the child.

22. August 2018

Comm: Child