there any dispute in this case concerning the due obser
vance by the State party of the procedural safeguards
laid down in article 13. The only question is whether the
expulsion was "in accordance with law".
9.3 The reference to "law" in this context is to the
domestic law of the State party concerned, which in the
present case is Swedish law, though of course the rele
vant provisions of domestic law must in themselves be
compatible with the provisions of the Covenant. Ar
ticle 13 requires compliance with both the substantive
and the procedural requirements of the law.
authorities of the State party in question have inter
preted and applied the domestic law correctly in the case
before it under the Optional Protocol, unless it is
established that they have not interpreted and applied it
in good faith or that it is evident that there has been an
abuse of power.
10.2 In the hght of all written information made
available to it by the individual and the explanations
and observations of the State party concerned, the
Committee is satisfied that in reaching the decision to
expel Anna Maroufidou the Swedish authorities did in
terpret and apply the relevant provisions of Swedish law
in good faith and in a reasonable manner and conse
quently that the decision was made "in accordance with
law" as required by article 13 of the Covenant.
10.1 Anna Maroufidou claims that the decision to
expel her was in violation of article 13 of the Covenant
because it was not "in accordance with law". In her
submission it was based on an incorrect interpretation
of the Swedish Aliens Act. The Committee takes the
view that the interpretation of domestic law is essen
tially a matter for the courts and authorities of the State
party concerned. It is not within the powers or functions
of the Committee to evaluate whether the competent
11. The Human Rights Committee acting under ar
ticle 5 (4) of the Optional Protocol to the International
Covenant on Civil and Political Rights is therefore of
the view that the above facts do not disclose any viola
tion of the Covenant and in particular of article 13.
THIRTEENTH SESSION
Communication No. 24/1977
Submitted by: Sandra Lovelace on 29 December 1977
Alleged victim: The author
State party: Canada
Date of adoption of views: 30 July 1981 (thirteenth session)
Concept of victim—Events prior to entry into force of
Covenant and Optional
Protocol—Minorities—In
dian Act—Sex discrimination—Protection
of the
family—Right to marry—Right of residence
was not required to exhaust local remedies since the
Supreme Court of Canada, in The Attorney-General of
Canada v. Jeanette Lavell, Richard Isaac et al.
V.Yvonne Bédard[1974] S.C.R. 1349, held that decision
12 (1) (è) was fully operative, irrespective of its incon
sistency with the Canadian Bill of Rights on account of
discrimination based on sex.
Articles of Covenant 2 (1), 3, 12 (1) and (3). 17. 23 (1),
24, 26 and 27
Views under article 5 (4) of the Optional Protocol'y ^
2. By its decision of 18 July 1978 the Human Rights
Committee transmitted the communication, under rule
91 of the provisional rules of procedure, to the State
party concerned, requesting information and observa
tions relevant to the question of admissibility of the
communication. This request for information and
observations was reiterated by a decision of the Com
mittee's Working Group, dated 6 April 1979.
1. The author of the communication dated
29 December 1977 and supplemented by letters of 17
April 1978, 28 November 1979 and 20 June 1980, is a
32-year-old woman, living in Canada. She was born and
registered as "Mahseet Indian" but has lost her rights
and status as an Indian in accordance with section 12 (1)
(6) of the Indian Act, after having married a non-Indian
on 23 May 1970. Pointing out that an Indian man who
marries a non-Indian woman does not lose his Indian
status, she claims that the Act is discriminatory on the
grounds of sex and contrary to articles 2 (1), 3, 23 (1)
and (4), 26 and 27 of the Covenant. As to the ad
missibility of the communication, she contends that she
3. By its decision of 14 August 1979 the Human
Rights Committee declared the communication admiss
ible and requested the author of the communication to
submit additional information concerning her age and
her marriage, which had not been indicated in the
original submission. At that time no information or
observations had been received from the State party
concerning the question of admissibility of the com
munication.
' Pursuant to rule 85 of the provisional rules of procedure, Mr.
Walter Surma Tarnopolsky, did not participate in the consideration of
this communication or in the adoption of the views of the Committee
under article 5 (4) of the Optional Protocol in this matter.
4. In its submission dated 26 September 1979
relating to the admissibility of the communication, the
State party informed the Committee that it had no com-
' The text of an individual opinion submitted by a Committee
member is appended t o these views.
83
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