Macedonian mother and child

Concerning L.I. and her child B.I. vs. Denmark for violation of articles 2, 3, 6, 7 and 8 of the Convention of the Child.

The author, L.I., is a national of North Macedonia born in 1989. The author, at the time pregnant with her first child, entered Denmark to reunite with her Macedonian husband residing in Denmark. On 15 February 2015, the author gave birth to a baby girl, B.I. On 28 February 2015, her husband attempted to kill their daughter by placing a pillow over her face. The author contends that the motive behind the attempted killing was that the father was dissatisfied with the sex of their child. The author reported the incident to the police and moved with her child into a women’s shelter. The father was sentenced to five years of forced psychiatric treatment.

The author then applied for asylum but got rejected on 9 October 2915. The author submits that a return to North Macedonia would constitute a serious risk to B.I.’s life, survival and development (cf. articles 3 and 6). The author fears that her former father-in-law may try to kill B.I. as revenge. The author further stated that her father-in-law had threatened to kill her and B.I. if she hurt his son, on at least three or four occasions. The author further submits that since B.I.’s birth was never registered in North Macedonia, she will not have access to the social protection or medical treatment that she needs (cf. articles 7 and 8).

The Committee considers that, although the author disagrees with the decisions taken by the national authorities, she has not demonstrated that the examination of the facts and evidence by these authorities was clearly arbitrary or amounted to a denial of justice. The Committee considers that the author has not sufficiently substantiated her claim that B.I.’s rights would be violated as a result of her removal from Denmark. The Committee therefore finds that these claims are manifestly unfounded and also declares them inadmissible under article 7 (f) of the Optional Protocol.

14. January 2021

CRC 49/2018
  • Decision: 28 September 2020
  • Comm: Child