CRPD: uitzetting Libanees met psychische problemen schendt het Gehandicaptenverdrag

The author, N.I., who suffers from post-traumatic stress disorder, paranoid schizophrenia, and other serious mental health conditions, argued that his deportation to Lebanon would violate articles 10 and 15 of the Convention on the Rights of Persons with Disabilities (CRPD). His medical documentation indicated a life-threatening risk of suicide or extended suicide if removed, exacerbated by the trauma linked to past conflict experiences in Lebanon. He also asserted that Lebanon lacks adequate, accessible, and rights-compliant mental health care and that he has no viable support network there.

Swedish authorities rejected his asylum claims and subsequent requests for re-examination, concluding that appropriate mental healthcare was available in Lebanon, and that his return would not breach Sweden’s obligations under Article 3 EHRM.

The Committee found the communication admissible and held that articles 10 and 15 of the CRPD encompass the principle of non-refoulement where a real risk of irreparable harm is established. It concluded that Sweden failed to adequately assess the author’s individual situation, particularly the real and imminent risk to his life and health, and the actual accessibility of treatment in Lebanon. In the absence of a proper individualised risk assessment, the deportation order constituted a violation of the author’s rights under articles 10 and 15. The Committee recommended that Sweden provide N.I. with an effective remedy, including a review of his case, compensation for legal costs, and non-repetition measures to ensure asylum procedures properly consider the rights of persons with disabilities.

CRPD communication No. 64/2019 (N.I. v. Sweden), 19.3.25
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