5 November 2014
ECtHR judgment in Tarakhel v. Switzerland
On 4 November 2014, the ECtHR decided in the case Tarakhel v. Switzerland that Switzerland would be in violation of Article 3 ECHR if it would send back the applicants, a family from Afghanistan with six children, to Italy without obtaining individual guarantees from the Italian authorities that they can be together as a family in Italy and that the facilities and conditions the family would be in would be adapted to the age of the children.
The Court reiterated that Article 3 of the ECHR entails a ‘special protection’ for asylum seekers, being a ‘particularly underprivileged and vulnerable’ population group. The special protection is even more important for a child (whether the child is alone or accompanied by his or her parents).