Right to health and health care Archives | Page 3 of 8 | International Commission of Jurists

Sh. D. and others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia, ECtHR, Application No. 14165/16, Judgment of 13 September 2019

Sep 7, 2022

In its judgment the ECtHR reiterated the finding that States Parties to the Convention on the Rights of the Child have a positive obligation to protect and take care of unaccompanied migrant children under Article 3 ECHR and Article 20 CRC. The decision also...

General comment No. 35 (2014) of the UN Human Rights Committee (CCPR) on Article 9: Liberty and Security of a person

Sep 5, 2022

The UN Human Rights Committee stated that detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as...

General comment No. 5 (2021) of the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights (advanced unedited version)

Sep 5, 2022

The UN Committee in its General Comment understands as ‘alternatives to detention’ all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the...

11.K.27.085/2018/9. National Court Decision (2018. February 23rd)

Sep 5, 2022

The case concerns a family from Iraq (7 children) who submitted asylum applications on December 18th 2017. The asylum authority based on the Dublin Regulation [Article 25(2)] determined that Bulgaria shall be responsible to conduct the asylum procedure. The applicants...

R.R. and Others v. Hungary, ECtHR, Application no. 36037/17, Judgment of 2 March 2021

Sep 5, 2022

Keeping asylum-seeking family in the transit zone amounts to detention in breach of Articles 5(1) and 5(4). Significant case, as the Court finally joined the broad consensus regarding the nature of placement in the Hungarian transit zones, contrary to the findings in...