ECtHR - H and others v. Switzerland (application no. 67981/16) [inadmissibility decision], 15 May 2018

Thursday, June 7, 2018

On 7 June 2018, the ECtHR, sitting in a committee of three judges, declared the case H and others v. Switzerland (application no. 67981/16) inadmissible. The case concerns the Dublin transfer from Switzerland to Italy of a family from the Central African Republic, of which two members, including a new born, were under HIV-related medical treatment in Switzerland.
First, the ECtHR reiterated that the situation for asylum applicants in Italy cannot be compared to the situation in Greece at the time of the M.S.S. v. Belgium and Greece judgment, and that the structure and overall situation of the reception arrangements in Italy cannot in themselves act as a bar to all transfer to that country.

Second, it found that there was no indication that the Italian authorities would fail to honour their assurance to accommodate the applicants in a SPRAR reception centre designed for families with minor children, and that they had been informed about their state of health and their medical needs and confirmed the availability of the necessary treatment. The Court took notice of a report by the Swiss and Danish Refugee Councils of February 2017, but highlighted that the six cases reported there (where the assurances by Italian authorities were not complied with in practice) could not suggest that the assurances provided by the Italian authorities were per se unreliable.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                                                     


Child Specific Considerations
Dublin Transfer
Material reception conditions
Medical Reports/Medico-legal Reports
Reception conditions
Vulnerable person