Case summaries
The removal of the author to Greece would amount to a breach of Articles 2 (c)-(f), 3, and 12 of the Convention on the Elimination of All Forms of Discrimination against Women, because the Swiss authorities failed to consider her vulnerable status as a survivor of gender-based violence (GBV) and the real, personal, and foreseeable risk that the author would face as an unaccompanied victim of such violence and suffering from PTSD and depression.
The return of a survivor of trafficking and gender-based violence to the country of original harm under the Dublin III Regulation violates Articles 2(d) and 6 of the Convention on the Elimination of All Forms of Discrimination against Women, unless the state conducts an individualized, trauma-informed, and gender-sensitive assessment of the real risk of retraumatization.
Relying on general assumptions about adequate reception conditions in the receiving state is insufficient where capacity gaps in specialized psychological care exist. The non-refoulement obligation requires assessing real, personal, and foreseeable risks of gender-based violence, including from non-state actors, and prohibits removal where formal legal protections cannot guarantee safety given the individual's extreme vulnerability.