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
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