D.N.S. vs Denmark’s violation of art. 2,3,12 of CEDAW

Danish authorities rejected application of D.N.S. for asylum in Denmark in 2019. D.N.S. was seeking the asylum, basing on the following arguments:

• The Al-Shabaab militant group took control over the author’s hometown in Somalia and threatened to author’s family. Later the author’s father was shot dead by Al-Shabaab and the author was detained in a camp, controlled by Al-Shabaab and was forced to marry a man, belonging to the militant group;

• D.N.S. can face the risk of sexual violence, forced marriage and other forms of gender-based violence upon return to Somalia.

Danish Immigration Service found D.N.S. as not factual, due to several inconsistencies detected in her statements and contradictory information concerning her family. The fact that the author can be exposed to a risk of gender-based persecution, due to her status as a single woman, was denied. The author’s residence permit needs to be revoked because the general human rights situation in Somalia had improved.

The CEDAW decided that the communication is not sufficiently substantiated and is therefore inadmissible under 4 (2) (c) of the Optional Protocol.

On 23, March, 2022 D.N.S. has been deported to Somalia.

27. June 2023

CEDAW 144/2019
  • Decision: 23 February 2022
  • Comm: Gender