The boy's mother has been deprived of her Danish citizenship since she traveled to Syria in 2014. She also has Somali citizenship.
Not offering the boy evacuation to Denmark together with his mother would be a violation of the Convention on Human Rights, the court rules.
The decision goes against earlier verdicts in district and appellate courts, where the mother was denied evacuation because she is not a Danish citizen.
The boy has been in the camp since 2019 and Danish doctors who have visited the camp have reported that he suffers from extensive health problems.
Kurdish forces in northeastern Syria hold people captive in two large camps – al-Hol and Roj – and in several smaller facilities. The prisoners are individuals who were in areas that were controlled by IS for a time and are deemed to be linked to the terrorist movement.
I'm proud and happy that it succeeded. We've spoken to the boy's family and they're happy. So it's a fantastic day for everyone, says attorney Christian Dahlager, who represents the boy and his mother.
The case has been driven by the association Repatriate the Children Denmark.