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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 15/05/2018
Type : Judgment
ECLI : ECLI:CE:ECHR:2018:0515DEC006798116
Case Number/Citation/ Document Symbol : Application no 67981/16

H and others (Central African Republic) v Switzerland

Central African Republic

ECtHR's inadmissibility decision in a case concerned the Dublin transfer from Switzerland to Italy.

On 7 June 2018, the ECtHR declared the case H and others v. Switzerland (application no. 67981/16) inadmissible. The case concerned the Dublin transfer of a family from Switzerland to Italy. The four members of the family from the Central African Republic, of which the mother and a new born were under HIV-related medical treatment in Switzerland, appealed against the decision and the Federal Administrative Court rejected the applicants’ appeal on the grounds that Italy had provided assurances that the applicants would be placed in one of the family units in a SPRAR reception centre, that the mother’s health was sufficiently stable and the new born no longer required antiviral medication. The ECtHR found that there were no indications that the Italian authorities would fail to honour their assurance and that they had confirmed the availability of the necessary medical treatment. The Court took notice of a report by the Swiss and Danish Refugee Councils, but highlighted that the six cases reported (in which the assurances by Italian authorities were not complied with in practice) could not suggest that their assurances were per se unreliable

Dublin procedure; Medical condition; Minor; Vulnerable Group;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); European Convention on Human Rights;


Council of Europe, European Court of Human Rights [ECHR], H and others (Central African Republic) v Switzerland, Application no 67981/16, ECLI:CE:ECHR:2018:0515DEC006798116, 15 May 2018. Link redirects to the English summary in the EASO Case Law Database.