whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant, and to provide an effective remedy if it has been determined that a violation has occurred, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee’s Views. The State party should also publish these Views. International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of article 14, of the Covenant. 9. In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Mr. Miguel Angel Rodríguez Orejuela with an effective remedy. 10. Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine Communication No. 854/1999 Submitted by: Manuel Wackenheim (represented by Serge Pautot) Alleged victim: The author State party: France Date of adoption of Views: 15 July 2002 (seventy-fifth session) instruct mayors to keep a close eye on spectacles staged in their communes. The circular said that dwarf tossing should be banned on the basis of, among other things, article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Subject matter: Prohibition of “dwarf tossing” Procedural issues: Incompatibility ratione materiae - Exhaustion of domestic remedies Substantive issues: Discrimination on ground of “other status” - Objective and reasonable criteria for differentiation 2.3 On 30 October 1991 the author applied to the administrative court in Versailles to annul an order dated 25 October 1991 by the mayor of Morsangsur-Orge banning a dwarf tossing event scheduled to take place in a local discotheque. The court annulled the mayor’s order in a ruling on 25 February 1992, on the grounds that: Articles of the Covenant: 2, paragraph 1; 5, paragraph 2; 17, paragraph 1; and 26 Articles of the Optional Protocol: 2; 3 and 5, paragraph 2 (b) Finding: No violation The evidence on file does not show that the banned event was of a nature to disturb the public order, peace or health in the town of Morsang-sur-Orge; the mere fact that certain notable individuals may have voiced public disapproval of such an event being held could not be taken to suggest that a disturbance of public order might ensue; even supposing, as the mayor maintains, that the event might have represented a degrading affront to human dignity, a ban could not be legally ordered in the absence of particular local circumstances; the order under challenge is thus vitiated by an overstepping of authority [...] 1. The author of the communication is Manuel Wackenheim, a French citizen born on 12 February 1967 in Sarreguemines, France. He claims to be a victim of violations by France of article 2, paragraph 1; article 5, paragraph 2; article 9, paragraph 1; article 16; article 17, paragraph 1; and article 26 of the International Covenant on Civil and Political Rights. He is represented by counsel. The facts as submitted by the author 2.1 The author, who suffers from dwarfism, in July 1991 began to appear in “dwarf tossing” events organized by a company called Société FunProductions. Wearing suitable protective gear, he would allow himself to be thrown short distances onto an air bed by clients of the establishment staging the event (a discotheque). 2.4 On 24 April 1992, the commune of Morsangsur-Orge, represented by its then mayor, appealed against the ruling of 25 February 1992. 2.5 By an order dated 27 October 1995 the Council of State overturned the ruling on the grounds, first, that dwarf tossing was an attraction that affronted human dignity, respect for human dignity being part of public order and the authority vested in the municipal police being the means of ensuring it, and second, that respect for the principle 2.2 On 27 November 1991, the French Ministry of the Interior issued a circular on the policing of public events, in particular dwarf tossing, which instructed prefects to use their policing powers to 110