returning her to the US. Australia’s actions therefore cannot constitute treatment relevant under article 7 of the Covenant. Moreover, the Full Court of the Family Court considered whether there was a grave risk that Jessica would be physically or psychologically harmed, or otherwise placed in an intolerable situation, as a result of her removal to the US. It considered a report by a child psychologist on this point, and found that the alleged abrupt and permanent separation from her mother would cause Jessica some distress, but that she could adapt to the change and a new carer. to give Jessica the opportunity to be reunited with her father and have the issue of custody finally determined. The actions of a State in fulfilling its obligations under international law cannot be interpreted as evidence of cruel, inhuman or degrading treatment. 4.5 Secondly, it is incorrect to assume that Jessica’s return to the US will conclusively result in her permanent removal from Australia, from Ms. Laing and from Samuel. There is a possibility that Jessica may be returned to her father, but this is a matter for US courts to determine. There is no evidence of the infliction of deliberate or aggravated treatment by Australia in violation of article 7 of the Covenant. 4.11 Finally, it is submitted that Samuel’s allegation that he will be forcibly separated from his sister lacks merit for the reasons outlined in relation to admissibility of the claim. 4.6 Thirdly, Ms. Laing claims that she and Samuel may not be allowed to enter and remain in the US. The State party submits that this is irrelevant for the purposes of establishing aggravated or deliberate treatment by Australia, in violation of article 7 of the Covenant. In any event, the Full Court of the Family Court sought to ensure that Ms. Laing and her children are permitted to enter and remain in the US, by ordering that Mr. Surgeon support the visa application of Ms. Laing and refrain from prosecuting her for Jessica’s abduction. 4.12 The State party rejects Jessica’s claim under article 12 as inadmissible pursuant to article 1 of the Optional Protocol, for inconsistency with the Covenant requirements to protect the family and provide special protection to the child (articles 23 (1) and 24 (1) of the Covenant). It submits that Jessica’s allegation incorrectly interprets article 12 (1) of the Covenant as implying the right to remain in Australia. However, the State party understands that article 12 (1) of the Covenant is concerned with the right to movement and residence within Australia. Jessica’s allegation therefore raises no issue under the Covenant, nor does it substantiate any claim under article 12. 4.7 Furthermore, while Australia concedes that Ms. Laing, Jessica and Samuel may suffer some degree of mental strain as a result of overseas travel or the court proceedings in the US, any such strain would not reach the severity of suffering required to find a violation of article 7. Australia therefore submits that the allegation of a breach of article 7 should be declared inadmissible as inconsistent with article 2 of the Optional Protocol. 4.13 The State party submits that should the Committee find sufficient evidence to demonstrate a restriction by Australia of the rights in article 12 (1) of the Covenant, such a restriction would fall within the scope of restrictions permitted by article 12 (3). Jessica’s return is necessary for the maintenance of public order, that is, the prevention of child abduction and regulation of return arrangements. Jessica’s return to the US is also in the interests of the protection of the family, consistent with article 23 (1) of the Covenant. 4.8 In the alternative, the State party submits that the allegations ought to be dismissed as unfounded, since the applicants do not give any evidence of relevant treatment by Australia, nor that it would attain the minimum level of severity to constitute treatment in violation of article 7. 4.14 Furthermore, the State party submits that Jessica’s allegation of a breach of article 12 (4) of the Covenant is without merit, since it is prohibited from arbitrarily depriving Jessica of her right to enter Australia. The Full Court of the Family Court of Australia considered whether Jessica has the right to remain in Australia. It found that she does have this right but that it has to be balanced with other rights. The judgement of the Full Court of the Family Court on 9 February 1998 found that to return Jessica to the US on application of the Hague Convention, would not affect her right, as an Australian citizen, to live in Australia. In any event, there is no reason advanced as to why her basic right to live in Australia is any more significant or worthy of protection than her basic right to not be wrongfully removed from the US. 4.9 With regard to Ms. Laing’s allegation under article 7, the State party submits that these matters are yet to be determined and therefore it cannot reasonably be maintained that they show that any relevant treatment has been or will be inflicted on her. Moreover, these matters will be determined by the US and cannot be regarded as deliberate treatment by Australia. In any event, there is no evidence to suggest that Ms. Laing would not be able to enter, or remain, in the US. The US recently extended the Public Benefit Parole category of visas to include abduction cases, as to allow an abducting parent to enter and remain in the US so as to be able to participate in court proceedings. 4.10 With regard to Jessica, the State party submits that it does not intend to harm her in any way by 10