Geneva — The United Nations Human Rights Committee has formally rebuked Sweden for deporting a child with severe disabilities to Albania on two separate occasions, ruling that Stockholm violated his right to life and exposed him to a real risk of irreparable harm.
The committee, a panel of 18 independent experts that monitors compliance with the International Covenant on Civil and Political Rights, issued its decision on 30 March in response to a complaint filed on behalf of E. B., an Albanian national now aged 21. He was diagnosed with autism, a grave mental developmental disorder, spastic diplegic cerebral palsy, hydrocephalus, and epilepsy.
E. B. and his family first arrived in Sweden in 2012, seeking protection and medical care. After years of unsuccessful asylum applications and appeals, Swedish authorities deported them to Albania in 2016, when the boy was 10. The family quickly returned to Sweden without legal status to ensure E. B. could continue his treatment. Despite repeated applications for residency permits, they were expelled again in 2019, when he was 14.
Failure to Assess Risks
In its ruling, the committee emphasised that states must not extradite, deport, or otherwise remove a person from their territory when there are substantial grounds to believe they would face a real risk of irreparable harm in the destination country. The committee found that Swedish authorities did not carry out a rigorous, individualised assessment of whether E. B. would actually have access to essential medication and medical care in Albania before deporting him.
“Before deporting a child with severe and complex disabilities and life-threatening health conditions, states must carry out a rigorous, individualised assessment and ensure that essential treatment and medication will in fact be accessible and available in the receiving country,” said Wafaa Bassim, the committee’s vice chair, in a statement.
The committee concluded that Sweden’s failure to verify these conditions exposed E. B. to a real risk of irreparable harm, violating his right to life and his right to be free from torture or cruel, inhuman, or degrading treatment.
E. B. told the committee that he had returned to Sweden yet again but was facing a new removal order. The committee asked Stockholm to review his applications for asylum or residence permits and to provide him with adequate compensation.
While the committee has no power to compel states to follow its rulings, its decisions carry significant reputational weight. The case highlights ongoing tensions between national immigration enforcement and international human rights obligations, particularly regarding vulnerable individuals with complex medical needs.
Sweden, like many European Union member states, has tightened its asylum policies in recent years, but this ruling underscores that procedural safeguards must be observed even in removal cases. The committee’s decision may influence how other European countries handle similar cases involving children with life-threatening conditions.
