refers to the Convention on the Rights of the Child, which states that a child shall not be separated from his or her parents unless it is determined in accordance with applicable law and procedures that such separation is necessary for the best interest of the child. When Jessica’s mother’s final appeal to the High Court was dismissed, they were provided with no reasons for the decision. 3.18 It is argued that the removal of Jessica from her family would impair Samuel’s enjoyment of family life, since he has no right to enter and remain in the US or to visit his sister, and which would constitute a violation of articles 23 and 24 in this regard. Counsel submits that when determining a child’s right, the Committee may have regard to article 3 of the Convention on the Rights of the Child providing that the best interests of the child shall be a primary consideration in all actions concerning children. By failing to take any steps that would enable Samuel to protect his rights, the State party violated article 24, paragraph 1, of the Covenant. 3.13 The proposed forced removal of Jessica from her mother and brother would amount to arbitrary interference with her family and home, in violation of article 17 of the Covenant. Counsel refers to the Committee’s views in Toonen v. Australia.4 It is contended that the delays in resolving the proceedings regarding Jessica’s removal, entail that any interference with Jessica’s home could not be considered reasonable when measured against the irreparable damage and consequences to her family. There is allegedly no legal avenue for Jessica to seek protection against this interference. State Party’s admissibility and merits submission 4.1 By note verbale of 8 February 2001, the State party made its submission on the admissibility and merits of the communication. It submits that the communication is inadmissible and that the Committee should dismiss it without consideration on the merits. In the alternative, should the Committee be of the view that the allegations are admissible; the State party submits that they should be dismissed as unfounded. 3.14 Finally, it is claimed, on behalf of Jessica, that the application of the Hague Convention in this case did not properly address the best interests of the child, which amounted to a violation of articles 23, paragraph 1, and 24, paragraph 1, of the Covenant. The removal of Jessica from her family would impair with her right to enjoyment of family life, since the strict application of the Hague Convention, operates to affect her interest adversely when the application and removal have not been dealt with expeditiously – that is at least within a year. It is also argued that the denial of access to her mother and brother in the event of removal would constitute a breach of article 10, paragraph 2, of the Convention on the Rights of the Child, and of article 24, paragraph 1, of the Covenant. 4.2 With regard to the authors’ article 2 claim, the State party submits that there were no violations of other Covenant articles, and therefore no issue of a violation under article 2 of the Covenant arises. Consequently, this aspect of the communication should be dismissed as inadmissible. In any event, Australia does provide effective remedies for violations of Covenant rights. The provisions of international treaties to which Australia becomes a party do not become part of domestic law by virtue only of the formal acceptance of the treaty by Australia. This long-standing principle of Australian law was recognised by the High Court in Minister for Immigration and Ethnic Affairs v. Teoh. Australia submits that there are sufficient remedies available to enable Ms. Laing, Jessica and Samuel to assert their rights under the Covenant. 3.15 As to Samuel's rights, it is contended that, in violation of article 2, paragraphs 3 (a) and (b), the State party failed to provide him with an effective remedy to assert Covenant rights, as the Covenant is not justifiable in Australian law. Moreover, in the proceedings affecting his interests in that he risked a permanent separation from his sister, he was not able to participate. He has no independent standing in legal proceedings. 4.3 With regard to the authors’ claim under article 7 that the return of Jessica to the US will result in her being forcibly removed from her mother and brother, causing mental suffering, the State party submits that the allegations are inadmissible ratione materiae, as there is no evidence of infliction of any such mental sufferance by Australia. 3.16 It is also claimed that Samuel's rights under article 7 would be violated, in that his sister’s removal from the family would break the close bond between the two children and cause mental suffering to Samuel. 4.4 Firstly, Australia pursues the lawful objective of returning an abducted child to the country of habitual residence in accordance with the Hague Convention, and to have her custody determined by the relevant and competent court. Ms. Laing was ordered by the Family Court to return to the US as the proper forum to determine the issue of Jessica’s custody. This was a bona fide attempt by Australia 3.17 Jessica's imminent removal from her family, would amount to an arbitrary interference with Samuel’s family and home, contrary to article 17. 4 Communication No. 488/1992, Views adopted on 31 March 1994, paragraph 6.4. 9