Z.H. v Sweden
The UN Committee on the Rights of Persons with Disabilities decided that the deportation of an Afghan national would deteriorate his mental state.
The author who submitted the communication before the CRPD, Z.H., is an Afghan national (Hazara Shia ethnic) whose request for international protection in Sweden was rejected. The Swedish Migration Agency rejected his request and noted that the applicant could receive psychiatric treatment and medication in Kabul. Before the national authorities, the applicant presented a medical report concerning a PTSD diagnosis, psychotic mental health problems and suicide risk due to the death threats received in Afghanistan, where he was considered responsible for the death of a member of a powerful family.
Before the CRPD, he claimed that his deportation to Afghanistan would constitute a violation of his rights under Articles 10 and 15 of the Convention on the Rights of Persons with Disabilities.
The CRPD held, on the basis of healthcare reports on Afghanistan, that there was a lack of resources, trained professionals and infrastructure to adequately care for mental health. It further noted that in the individual case of the applicant, Sweden should have required individual assurances as the applicant had left Afghanistan at a young age and could face difficulties in accessing healthcare services. The CRPD concluded that that the applicant’s removal to Afghanistan would, if implemented, violate his rights under Article 15 of the Convention.
United Nations, Committee on the Rights of Persons with Disabilities [CRPD], Z.H. v Sweden, Communication No 58/2019, 06 September 2021. Link redirects to the English summary in the EASO Case Law Database.