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European human rights court questions UK decision to strip Shamima Begum of citizenship

8 months ago 117

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The European court of human rights has questioned the UK government over its 2019 decision to remove Shamima Begum’s British citizenship.

Lawyers in Europe have asked how Begum’s treatment complies with the UK’s responsibilities to victims of trafficking.

The intervention has encouraged Begum’s lawyers and fuelled Conservative and Reform accusations of meddling by foreign judges and their calls to leave European human rights treaty.

In 2015, as a 15-year-old schoolgirl, Begum left her east London home and travelled with two friends to live under territory held by Islamic State (IS). She was “married off” to an IS fighter with whom she had three children, all of whom died in infancy.

In 2019, the then home secretary, Sajid Javid, revoked her citizenship on grounds of national security, in a decision upheld in the court of appeal last year and backed by the current government.

Campaigners and Begum’s lawyers argue she was the victim of child trafficking. Begum, now 26, remains stateless in a Syrian refugee camp.

A document published by the European court this month confirms that Begum is challenging Javid’s decision under article 4 of the European convention on human rights – a prohibition of slavery and forced labour.

The case was lodged in December 2024, after she was denied the chance to challenge the removal of her British citizenship at the UK’s supreme court.

Among four questions posed by judges in Strasbourg to the Home Office, they asked: “Did the secretary of state have a positive obligation, by virtue of article 4 of the convention, to consider whether the applicant had been a victim of trafficking and whether any duties or obligations to her flowed from that fact, before deciding to deprive her of her citizenship?”

Birnberg Peirce Solicitors, which is representing Begum, said the court’s communication “presents an unprecedented opportunity” for the UK and Begum to “grapple with the significant considerations raised in her case and ignored, sidestepped or violated up to now by previous UK administrations”.

One of the lawyers, Gareth Peirce, said: “It is impossible to dispute that a 15-year-old British child was in 2014-15 lured, encouraged and deceived for the purposes of sexual exploitation to leave home and travel to [IS-controlled] territory for the known purpose of being given, as a child, to an [IS] fighter to propagate children for the Islamic State.”

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