The single mother (H.M.) is from Somalia and the applicants, the son (S) and the daughter (Sa) were born in Denmark in 2020 and in 2018 accordingly, are seeking asylum in Denmark.
H.M. appealed for the asylum in Denmark for (S) and for (Sa), who fear for their life in their home country Somalia. The following arguments on the risk of abuse against the children have been provided:
– mother’s (HM) fears of threats of SM, the leader Al-Shabaab, to be killed. If so, (S) will be unprotected in Somalia and the family conflict’s reasons (inter-clans misunderstandings) can spread out on (S);
– fears of separation H.M. with S and his older sister as far as (H.M.) as far as H.M. has no male family members, who could protect her and in those circumstances her husband’s family takes ultimately all decisions over children;
– being returned to Somalia, (S) can be forced to agricultural works and will be not able to attend the school. The contact between (S) and (H.M.) can be forcefully interrupted;
– risk for H.M.’s daughter (Sa) to be forcefully circumcised. Both girls and girls are subjected to circumcision in Somalia (FGM);
The Danish Immigration Service refused the application for asylum for both kids and forwarded the case to the Refugee Board, which in its turn supported the decision of Danish Immigration Service. According to the decisions by the Refugee Appeals Board as of December 10, 2021 (S) as well as the former decision on July 31, 2020/March 11,2021 (S), entire family needed to be deported to Somalia by force. This decision based on considerable personal strength of H.M. who would be able to resist any social pressure and thus protect her daughter from being subjected to FGM.
The compliant to the UN Committee on the Rights of the Child has been sent as far as this decision is the violation of the principle of Non Refoulement, articles 3 and 12 of the Convention on the Rights of the Child, as well as CEDAW.
On 4 June 2024 the UN Committee on the Rights of the Child concluded that the State Party failed to consider the best interests of the child when assessing the risk of being subjected to female genital mutilation if returned to Somalia, in violation of article 3 of the Convention. So, the return of Sa.A.A. to Somalia would amount to a violation of articles 19 of the Convention.
7 June 2024