On the Culpable Conduct Test of the ECtHR:Is it Protecting or Deprotecting Refugees?

M.H. and Others v. Croatia case encompasses the story of Madina. She was a six-year-old Afghan child seeking asylum with her family. As a result of the pushback operated by Croatian police from the border where they came with their family, she was hit by a train while trying to follow the train tracks to Serbia. In this case, the Court stated that if the applicant provides prima facie evidence about the incident, the respondent state must establish if it has complied with the obligations under Article 4 Protocol 4. The Court also noted the importance…