4.15 With regard to the allegation that the Australian courts failed to determine the issue of Jessica’s return to the US fairly and in accordance with the proper law, the State party submits that the Full Court of the Family Court considered, in its appeal of 14 September 1998, that the lower court applied the wrong laws but that it did not affect the outcome of the case. This decision was subsequently reviewed by another sitting of the Full Court of the Family Court and the High Court. To the extent that Ms. Laing’s communication would require the Committee to assess the substantive, rather than the procedural of the decision of the High Court, the State party submits that this would require the Committee to exceed its proper functions under the Optional Protocol and that the allegations under article 14 are therefore incompatible with the Covenant. In this respect, it refers to the Committee’s decision in Maroufidou v. Sweden.5 Furthermore, it submits that the authors failed to provide sufficient evidence to substantiate a violation of that article of the Covenant, and in the alternative that the Committee should find the communication admissible, that it is without merits. 4.19 In the alternative that the Committee finds the claim under article 17 admissible, the State party finds that it is without merits, since Jessica is being returned to the US in accordance with Australia’s international obligations under the Hague Convention to have the issue of Jessica’s custody determined in the competent US Court. Accordingly, the intervention is in accordance with the law and not arbitrary. 4.20 The State party submits that the allegation that Jessica’s return to the US constitutes a violation of the obligation to protect the family under article 23 (1), is incompatible with this provision of the Covenant. It refers to the preamble to the Hague Convention, where the signatory States affirm that they are ‘firmly convinced that the interests of the child are of paramount importance in matters relating to their custody', and that the Hague Convention was drafted “to protect children internationally from the harmful effects of their wrongful removal or retention...” The fact that Australia is a party to this Convention is sufficient evidence of Australia’s commitment to a protection of the family and, indeed, the child. 4.16 The State party submits that Jessica’s allegation of a violation of article 14, paragraph 1, for failure to ensure separate representation in the court proceedings, is inadmissible for failure to raise an issue under the Covenant, since she is no victim of a violation of the Covenant. It submits that while an application was made to the Family Court for a representation on Jessica’s behalf, it presented insufficient reasons for why a separate representation would be of benefit to her, taken into account that Australian courts consider the child’s interests to be of paramount importance. In the alternative, the communication should be dismissed as unfounded. 4.21 The State party adds that article 23 (1) requires that Australia protect the family as an institution and that Ms. Laing, Jessica and Samuel fail to provide any evidence to substantiate a claim that it has violated this obligation. The authors’ allegation that applications for the return of a child made after one year are too late is deemed incorrect. In any event, the application for the return of Jessica was made within one year. The State party submits that the authors fail to establish that they are victims of any breach of article 23 (1) of the Covenant, and that the return of Jessica to the US for her custody proceedings will take into account the rights of each family member. 4.17 Finally, with regard to the allegation under article 14, paragraph 1, that no reasons were provided by the High Court, the State party submits that the reasons for the High Court decision were published on 13 April 2000; and this allegation therefore is unsubstantiated. 4.22 On the merits, the State party submits that the courts’ decision to return Jessica protects the interests of the individual family members and the interests of the community as a whole in the protection of families. The Full Court of the Family Court specified that Jessica’s interests were of paramount importance, notwithstanding the unlawful actions of Ms. Laing. Jessica’s father is included in the definition of family under article 23 (1); the return of Jessica to the US to determine whether she will have access to her father is an active pursuit by Australia of the recognition of her right to enjoy family life. 4.18 With regard to the authors’ allegation that Jessica’s return to the US is an arbitrary interference with the family and home by Australia, under article 17, the State party submits that the authors have not provided evidence of a violation, and thus fail to raise an issue under this provision. Moreover, they fail to demonstrate how they have been directly affected by the alleged lack of legal protection, and may therefore not be deemed victims of a Covenant violation. 4.23 On Jessica and Samuel’s claim under article 24 (1) of the Covenant, the State party submits that the object of the Hague Convention proceedings in Australia was to determine the proper forum and not the issues of custody of, and access to, Jessica. It reiterates that the underlying principle 5 Communication No. 58/1979, Views adopted on 9 April 1981, paragraph 10.1. 11