Parents converted case

Concerning J.Y. and Z.Y. and their son A.Y., vs. Denmark for violation of articles 1, 2, 3, 6, 7, 8 and 19 of CRC. The authors are Afghan nationals and fled to Denmark. The authors’ grounds for asylum is based on their conversion from Islam to Christianity, and the fact that the female author refused to marry her cousin, a marriage arranged by her family. They now fear that if they are returned to Afghanistan, they will be persecuted, and their son will be exposed to these circumstances. The State parties rejected both grounds based on the authors’ lack of credibility and found the authors’ statements to be inconsistent and their conversion non-genuine. The Committee is of the view, that the authors have not provided any arguments to justify the existence of a specific and personal risk of a serious violation of A.Y.’s rights enshrined in the Convention upon return.

28. June 2023

CRC 7/2016
  • Decision: 31 May 2018
  • Comm: Child