European Court of Human Rights Rules on Dublin Regulation and Individual Guarantees of Care for Asylum Seekers (November 4, 2014) [1]
On November 4, 2014, the European Court of Human Rights ruled [3] in Tarakhel v. Switzerland that if Swiss authorities sent a family of asylum seekers back to Italy under the Dublin Regulation [4] without first obtaining individual assurances of their care, Switzerland would be in violation of the European Convention of Human Rights [5] (the Convention). According to the press release [6], the Court found that if Switzerland sent the family back to Italy without “sufficient assurances that . . . the applicants would be taken charge of in a manner adapted to the age of the children and that the family would be kept together,” Switzerland would be in violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, especially due to Italy’s issues with “problems [of] legal aid, care and psychological assistance in the emergency reception centres, the time taken to identify vulnerable persons and the preservation of family unity during transfers.”