4.5
In his comments on the State party’s
submission, the author states, inter alia, that he
does not want to seize the courts because of the
unnecessary expenditure of taxpayers, money
and for reasons of time and stress. He also
expresses his doubts about the effectiveness of a
trial in his case.
(f)
Article 23; at no time did the Danish
authorities try to protect the family unit;
(g)
Article 24, in respect of his son;
(h)
Article 26, which is said to follow from
the violations of articles 14, paragraphs 2 and
3(c), 18, 21 and 22;
Issues and proceedings before the Committee
(i)
Article 27, which is said to follow from
the violation of article 18.
5.1
Before considering any claims contained
in a communication, the Human Rights
Committee must, in accordance with rule 87 of
its rules of procedure, decide whether or not it is
admissible under the Optional Protocol to the
Covenant.
The State party’s observations and the author’s
comments thereon
4.1
The State party explains the operation of
Danish legislation governing separation of
spouses, divorce, custody and access to children,
and of the relevant administrative and judicial
authorities. It adds preliminary comments on the
author’s grievances.
5.2
The Committee has taken notice of the
State party’s contention that the author has no
standing to act on behalf of his son, as . Danish
law limits this right to the, custodial parent. The
Committee observes that standing under the
Optional Protocol may be determined
independently of national regulations and
legislation governing an individual’s standing
before a domestic court of law. In the present
case, it is clear that T. S. cannot himself submit a
complaint to the Committee; the relationship
between father and son and the nature of the
allegations must be deemed sufficient to justify
representation of T. S. before the Committee by
his father.
4.2
The State party notes that custody of the
son was awarded to the mother, in compliance
with Danish legislation and court practice.
Accordingly, she has the exclusive right to
decide on the son’s personal affairs and to act on
his behalf. The State party claims that the
communication should be declared inadmissible
ratione personae in respect of T. S., on the
ground that the author has no standing under
Danish law, to act on behalf of his son without
the consent of the custodial parent.
5.3
As regards the author’s claims of a
violation of articles 14, 21, 22 and 27, the
Committee considers that the facts as submitted
by the author do not raise issues under these
articles. This part of the communication is
therefore inadmissible under article 2 of the
Optional Protocol.
4.3 The State party claims that the author has
failed to exhaust available domestic remedies. It
notes that on 10 May 1990, the Department of
Private Law rendered its final decision in respect
of the conditions imposed on the author’s right of
access: with this, only the available
administrative procedures were exhausted.
Pursuant to section 63 of the Danish
Constitutional Act, the author should then have
requested from the courts a judicial review of the
terms and conditions imposed by the decision.
5.4
With regard to the author’s allegations
of violations of articles 17, 18, 23, 24 and 26, the
Committee observes that article paragraph 2(b),
of the Optional Protocol precludes it from
considering a communication unless it has
been ascertained that domestic remedies have
been exhausted. In this connection the
Committee notes that the author has only
exhausted administrative procedures: it reiterates
that article 5, paragraph 2(b), of the Optional
Protocol, by referring to “all available domestic
remedies if, clearly refers in the first place
to judicial remedies.1 The Committee recalls the
4.4
The State party also observes that the
courts may directly rule on the alleged violations
of Denmark’s international obligations under the
International Covenant on Civil and Political
Rights. It concludes that, as the author failed to
submit his complaint to the Danish courts, the
communication is inadmissible under articles 2
and 5, paragraph 2(b), of the Optional Protocol.
1
See Official Records of the General Assembly, Fortyfourth Session, Supplement No. 40 (A/44/40), annex
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