the State party submits that both legislation and the common law protect the rights in the Covenant. For example, under the Human Rights and Equal Opportunity Commission Act 1986, the Human Rights and Equal Opportunity Commission (the Commission) has the power to inquire into alleged Commonwealth violations of the rights set out in the Covenant. claim concerning a family life must be real and not hypothetical, like in the case of Jessica. 5.7 Counsel reiterates the claim of a violation of article 14, paragraph 1. The State party’s response that even if the proper law had been applied the result would have been the same, did not represent the view of second Full Court of the Family Court, but merely represents the view of one judge. Moreover, the views of the Chief Justice and another judge of that court considered that in the light of the correct law, the result may not have been the same. 6.3 On 7 November 2001, counsel submitted further comments and notes that the Commission does not provide an effective remedy, since its only power is to prepare a report on human rights violations to the government. The Commission cannot issue enforceable decisions. 5.8 In relation to the State party’s contention that it is not the role of the Committee to review the facts, counsel acknowledges the Committee’s established jurisprudence, but contends that the application of an incorrect law and the failure to correct the error makes the decisions of Jessica’s removal “manifestly arbitrary”. He adds that the authors’ right to a fair trial includes a right to be provided with reasons at the time the orders were made. Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant. 5.9 In respect of the claim under article 17, counsel submits that interference with home in this case, is the interference with the authors’ family arrangements and home life, including the extended family. 7.2 The Committee has ascertained that the same matter is not being examined under another procedure of international investigation or settlement for purposes of article 5, paragraph 2 (a) of the Optional Protocol. 5.10 In respect of the claim under article 23 of the Covenant, counsel notes that the ECHR has constantly held that article 8 of the Convention includes a right for the parent to have measures taken with a view to his or her being reunited with the child, and an obligation for the national authorities to take such action. In Jessica’s case, there are no family bonds between father and child, and the only family requiring protection is Jessica, Samuel, Ms. Laing, as well as the extended family in Australia, 6.1 On 3 September 2001, the State party submitted further comments. With regard to counsel’s contention that there is no factual foundation for Australia’s assertion that American courts may give Ms. Laing custody of, and access to, Jessica, it submits that the custody order in favour of Mr. Surgeon, may, under the Georgia Code, be challenged and subsequently changed by the Court if there is a material change in the circumstances. 7.3 As to the claims presented by the author on behalf of her daughter Jessica, the Committee notes that at the time of her removal from the United States Jessica was fourteen months old, making her ten and a half years old at the time of the adoption of the Committee’s decision. Notwithstanding the consistent practice of the Committee that a custodial, or, for that matter, non-custodial, parent is entitled to represent his or her child under the Optional Protocol procedure without explicit authorization, the Committee points out that it is always for the author to substantiate that any claims made on behalf of a child represent the best interest of the child. In the current case, the author had the opportunity to raise any concerns related to Covenant rights in the proceedings before the national courts. While the Committee takes the position that the application of the Hague Convention in no way excludes the applicability of the Covenant it considers that the author has failed to substantiate, for purposes of admissibility, that the application of the Hague Convention would amount to a violation of Jessica’s rights under the Covenant. Consequently, this part of the communication is inadmissible pursuant to article 2 of the Optional Protocol. 6.2 Furthermore, in relation to the authors’ claim that Australia has no statutory or common law protections which reflect the terms of the Covenant, 7.4 As to the alleged violations of the author’s own rights, the Committee notes that the present situation, including its possible adverse effect on the 5.11 With regard to the alleged discrimination of Ms. Laing, counsel submits that Mr. Surgeon was represented by the Central Authority, and that she only received a grant which covered a small proportion of the overall costs. Supplementary submissions 13