CCPR/C/123/D/2348/2014
status in the country and those who had not been fully admitted to Canada was not based on
a reasonable and objective criterion and therefore constituted discrimination under article
26.
12.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose violations by the State party of articles 6 and 26.
13.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obliged, inter alia, to take appropriate steps to provide the author with adequate
compensation. The State party is also under an obligation to take all steps necessary to
prevent similar violations in the future, including reviewing its national legislation to ensure
that irregular migrants have access to essential health care to prevent a reasonably
foreseeable risk that can result in loss of life.
14.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to guarantee to all individuals within its territory and subject to its jurisdiction
the rights recognized in the Covenant and to provide an effective and enforceable remedy
when it has been determined that a violation has occurred, the Committee wishes to receive
from the State party, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the present Views
and to have them widely disseminated in the official languages of the State party.
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