Finland: UN Committee on the Rights of the Child underlines the primacy of the child’s best interests in a Finnish asylum case

NordenBladet — On 4 February 2021, the UN Committee on the Rights of the Child adopted its Views on the primacy of the best interests of the child in a matter concerning asylum. The Committee found that there had been violation of Articles 3 (primacy of the best interests of the child), 19 (protection of the child from violence) and 22 (right of the child to protection and humanitarian assistance; refugees and asylum seekers) of the UN Convention on the Rights of the Child (CRC).

The case is about the expulsion of a same-sex parent family to Russia, where they had returned through voluntary return in August 2017 following a negative asylum decision. The appellant is the child of the family. The Committee considers that the State party has neglected its obligation to take sufficient account of the primacy of the best interests of the child when assessing the appellant’s asylum appeal.