Concerning M.A.H and his two children vs. Denmark for violation of articles 2, 13, 23 and 24 of the Covenant on Civil and Political Rights and of his children’s rights under article 23 and 24 of the Covenant.
The author, an Afghan national, entered Denmark in 1999, 13 years old. The author’s father, stepmother and five brothers and sisters live in Denmark. The author married Ms. A, a Danish national, in 2006, and got two kids in 2008 and 2010. In March 2005 the author was found guilty of several robberies and attempted robberies. He received sentence of imprisonment for five years and six months and was also ordered expelled from Denmark – with a permanent re-entry ban. He stated in 2013 that he did not want to cooperate in a voluntary return to Afghanistan as he had a wife and children in Denmark.
The jury, in the decision of deportation, were divided in their opinion: 13 jury members out of a total of 24 voted in favour of his deportation to Afghanistan. A significant minority of jury members (11) found that although the crimes committed were serious, greater importance should have been given to the fact that the author was a minor
at the time of the commission of the offences and that he had no ties with Afghanistan.
The Committee notes that even though the author’s children were born after the decision to expell the author became final, the State party has not reviewed those new circumstances and, in particular, never examined to what extent the deportation of the author was compatible with the right of his children to such measures of protection as required by their status as minors.
The Committee considers that the decision of the State party to deport the father of two small children, coupled with a permanent re-entry ban, is “interference” with the family. Removing the author and separating his children from their father is thus a violation of article 23, paragraph 1, read in conjunction with article 24 of the Covenant.
27. April 2021