In the case M.A. v. Italy (no. 70583/17), the European Court of Human Rights (ECtHR) ruled in favour of the applicant, a Ghanaian national who was born in 1999 and lives in Serramazzoini (Modena, Italy).

The case concerned an alleged failure to protect her rights as a minor migrant, arriving unaccompanied in Italy by boat in October 2016. She complained in particular about the eight months she spent in the Osvaldo Cappelletti adult reception centre in Como (Italy) before being transferred to a suitable facility for minors under an urgent measure (Rule 39) granted by the European Court. 

Relying on Article 3 (prohibition of inhuman or degrading treatment), Article 8 (right to respect for private life), Article 13 (right to an effective remedy) of the European Convention, she complained about the conditions and protracted length of her stay in the Como reception centre. She also alleged that the proximity to adults there was not appropriate for her vulnerable situation as an unaccompanied minor who had been a victim of sexual abuse while still in Ghana and then in Libya – where she had first fled before arriving in Italy. 

The ECtHR found a violation of Article 3 of the Convention, awarding the applicant 10,000 euros in damages and expenses