Published on 25 May 2021

FOURTH SECTION

Application no. 49837/20 O.T.D. against the Netherlands lodged on 6 November 2020 communicated on 6 May 2021

SUBJECT MATTER OF THE CASE

The application concerns a single mother from Guinea who fears that her minor daughter will be subjected to female genital mutilation (“FGM”) in Guinea against which she will not be able to provide protection given the high FGM rate in Guinea in general and within her ethnic group in particular ( Peul ), as well as the social and cultural pressure. The applicant alleges that their removal to Guinea will be in breach of Article 3 of the Convention.

QUESTIONS TO THE PARTIES

In the light of the applicant ’ s claim and the documents which have been submitted as well as information from public sources concerning the FGM prevalence in Guinea and the extent to which the Guinean authorities are able and willing to provide effective protection in this respect, would the applicant ’ s daughter face a real risk of being subjected to treatment in breach of Article 3 of the Convention if her expulsion was enforced?

In particular, if it is to be assumed that the applicant, a single woman with a daughter born out of wedlock in Europe, must be regarded as capable of protecting her daughter against FGM, o n the basis of which factors is such assumption made?

REQUESTS TO THE APPLICANT

The applicant is requested to submit detailed factual information regarding her living circumstances in Guinea (including matters such as the meeting of living expenses and housing) and her education prior to travelling to Europe as well as information about her current social network in Guinea, and to submit a copy of the report of her first interview ( eerste gehoor ) with the Dutch immigration authorities.