rights instruments.
5.3 The authors maintain that it would be possible to have their case dealt with by the Human Rights Committee
without first testing it in the Norwegian courts. They claim that the Supreme Court decisions referred to by the State
party in its submission of 24 February 1988 are irrelevant.
5.4 The authors conclude that no practical measures have been implemented by the Norwegian authorities so
that children from non-Christian families are not exposed to Christian influences since, despite strong efforts on their
part, they did not succeed in preventing such influences in their daughter's case.
6.1 Before considering any claims presented in a communication, the Human Rights Committee must, in
accordance with rule 87 of its provisional rules of procedure, decide whether or not it is admissible under the
Optional Protocol to the Covenant.
6.2 The Committee observes, in this respect, that the authors have not pursued the domestic remedies which the
State party has submitted were available to them. It notes the authors' doubts as to whether the International
Covenant on Civil and Political Rights would be taken into account by Norwegian courts, and their belief that the
matter could not be satisfactorily settled by a Norwegian court. The State party, however, has submitted that the
Covenant would be a source of law of considerable weight in interpreting the scope of the Christian object clause
and that the authors would have stood a reasonable chance of challenging the Christian object clause of the Day
Nurseries Act and the prevailing practice as to their compatibility with the Covenant had they submitted the case to
the Norwegian courts; the Committee notes further that there was a possibility for an expeditious handling of the
authors' case before the local courts. The Committee finds, accordingly, that the pursuit of the authors' case before
Norwegian courts could not be deemed a priori futile and that the authors' doubts about the effectiveness of domestic
remedies did not absolve them from exhausting such remedies. Thus, the requirements of article 5 (2) (b) of the
Optional Protocol have not been met.
7. The Human Rights Committee therefore decides:
1.
The communication is inadmissible;
2.
This decision shall be communicated to the authors and to the State party.
_______________
Communication No. 236/1987
51
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