The male author was receiving social benefits on the basis of his disability and he was not in a position to take up employment. Danish authorities rejected the author’s application for family reunification as they concluded that the male author had a reasonable prospect of satisfying the requirement of self-support, because of his possibility of finding a job, however when the author made an application for family reunification the he had not yet qualified for the wage subsidy program and could therefore not fulfil the requirement for family reunification.
The Committee finds that the fact that the authorities rejected the authors’ application for family reunification on the basis of criteria that was indirectly discriminatory for persons with disability had the effect of impairing or nullifying the authors’ enjoyment and exercise of the right to family life on an equal basis with others. Therefore it is in violation of the authors rights under article 5 and article 23 of the Convention.
16. June 2020