Fleeing from violent uncle

Concerning F.H.A vs. Denmark for violation of articles 1 and 2 (d), read in conjunction with article 2 (e) and (f), of CEDAW.

The author of the communication is F.H.A., a Somalian national born in 1988. In June 2010, the author began a relationship with a man against her uncle’s will. They were married in secret and when he found out, he attacked the husband and forced the author home. There, he chained her by her foot. She was forced to marry another from the village, but escaped with her husband and secretly lived in another village for three years until the uncle found them, accompanied with several Al-Shabaab members, who shot and wounded the husband. The author escaped and fled the country. The author was afterwards in contact with her husband and he informed her that, after her departure, he had fled as well, and her uncle had killed his father.

Accordingly, in the light of the author’s past experience and the risk of her being subjected to inhuman and degrading treatment in the future, against which she would be unable to find protection or get help from the somalian authorities, her deportation would amount to a violation of her human rights. In a statement dated 17 February 2020, the Committee considers that no element on file permits it to conclude that the State party’s authorities failed to give sufficient and adequate consideration to the author’s application for asylum and therefore, the Committee decides that the communication is inadmissible.

22. July 2021

CEDAW 108/2016
  • Decision: 17 February 2020
  • Comm: Gender