F.M.A. v. Denmark in a violation art. 2,3,12 of the Convention
The author originates from an area in Somalia under the control of the terrorist organization Al-Shabab. The author as a single woman fears rape/forced marriage and other forms of gender specific violence on return. F.M.A. has already suffered FGM in Somalia before fleeing and persecution form Al-Shabab.
After arriving to Denmark, the author was granted refugee status, which has been withdrawn in 2017 as far as the Danish authorities started to withdraw hundreds of residence permits from Somalia refugees in Denmark, despite that UNHCR urged States to refrain from forcibly returning any persons to areas of Southern and Central Somalia (June, 2014). That decision was consequently appealed to the Danish Refugee Board, which in its turn, rejected the appeal.
The author stayed in the detention center and the communication on violation of CEDAW Convention has been presented to the OHCHR.
In 2017, the Immigration Service and the Danish Refugee Board reopened the case due to new circumstances: pregnancy of F.M.A. with a baby-girl; fears of accusations of the author’s extramarital connections from former husband; fears for newborn girl can be circumcised in case of return to Somalia.
The author has been granted a residence permit in Denmark as well as her newborn child.
It is expected to be discontinued the communication with CEDAW.
27. June 2023