before the Committee.12 The bond existing between
a mother and her child and the allegations in the case
should be considered sufficient to justify
representation of the author’s daughter by her
mother. In addition, the Committee also notes that
the author has repeatedly but unsuccessfully sought
to obtain authorization from her daughter to act on
her behalf (see para. 5.6 above). In the
circumstances, the Committee is not precluded from
examining the claims made on behalf of the child by
her mother.
5.6 On 31 October 2006, the author indicated that
her attempts to contact her daughter were prevented
by the present caregivers, and that she has not been
able to obtain an authorization from her daughter to
act on her behalf in the proceedings before the
Committee. Consequently she took the matter to
court, in which the proceedings are still pending. On
22 February 2007, she confirmed that a court hearing
initially scheduled for December 2006 had been
postponed to 9 March 2007.
Absence of further comments from the State party
7.5 The Committee understands the author’s
claims under article 9, article 10 and article 14,
paragraph 2, as relating to her convictions for assault
of her daughter and for child abduction, and the
imprisonment related thereto. It notes that she has
not provided any evidence supporting these claims,
nor any description of facts sufficiently substantiated
for purposes of admissibility, and accordingly finds
them inadmissible under article 2 of the Optional
Protocol.
6.
On 10 December 2003, the author’s
comments were transmitted to the State party, which
did not provide any further comments.
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 93 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant.
7.6 The Committee considers that the author’s
claim that her daughter was a victim of mental
suffering in violation of article 7 is not sufficiently
substantiated for purposes of admissibility, and finds
this claim inadmissible under article 2 of the
Optional Protocol.
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. It notes that the State party has
not contested the admissibility of the communication
on grounds of non-exhaustion of domestic remedies,
and that the author’s application for leave to appeal
to the Supreme Court was denied on 13 September
2001. It thus considers that the author has exhausted
domestic remedies.
7.7 The Committee considers that the remaining
claims raise issues under the Covenant and are
sufficiently substantiated, for purposes of
admissibility, and declares the communication
admissible with respect to the claims under article
14, paragraph 1; article 17; article 23; and article 24
of the Covenant.
7.3 The Committee has noted the State party’s
contention that the communication should be
declared inadmissible for non-substantiation because
the author’s allegations were formulated in an
imprecise and sweeping manner, without referring to
the Covenant. It observes, however, that in response
to State party’s comments, the author, who is
unrepresented, made an effort to organize her claims
and referred to different articles of the Covenant,
although in a broad manner. The State party has not
commented on these claims, although it has been
given the opportunity to do so. The Committee
concludes that the author’s claims are not
inadmissible on this ground.
Consideration of the merits
8.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1, of the Optional
Protocol.
8.2 As to the alleged violation of article 17, the
Committee recalls that the term “family” must be
understood broadly, and that it refers not solely to
the family home during marriage or cohabitation, but
also to the relations in general between parents and a
child. 13 Where there are biological ties, there is a
strong presumption that a “family” exists and only in
exceptional circumstances will such relationship not
be protected by article 17. The Committee notes that
the author and her daughter lived together until the
7.4 With respect to the author’s standing to
represent her daughter in relation to her claims under
article 7, article 14, article 17, article 23 and article
24, the Committee notes that the author’s daughter is
now fourteen years old and has been adopted. It
further notes that the author has not provided an
authorization from her daughter to act on her behalf.
It recalls, however, that a non-custodial parent has
sufficient standing to represent his or her children
12
See communication No. 417/1990, Santacana v. Spain,
Views adopted on 15 July 1994, para. 6.1.
13
See communication No. 201/1985, Hendriks v. The
Netherlands, Views adopted on 27 July 1988, para. 10.3,
and communication No. 417/1990, Santacana v. Spain,
Views adopted on 15 July 1994, para. 10.2.
81
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