CCPR/C/128/D/2381/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
1 October 2020
Original: English
Human Rights Committee
Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2381/2014*, **
Submitted by:
S.H. (not represented by counsel)
Alleged victims:
The author and her two minor children
State party:
Finland
Date of communication:
10 April 2014 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the Committee’s rules
of procedure, transmitted to the State party on 25 April 2014
(not issued in document form)
Date of adoption of decision:
13 March 2020
Subject matter:
Child custody and access of mother to her children
Procedural issues:
Standing before the Committee; non-exhaustion of domestic
remedies
Substantive issues:
Risk of torture or cruel, inhuman or degrading treatment;
liberty and security of person; fair trial; arbitrary interference
with family; protection of the family; protection of the child as
a minor; right to an effective remedy
Articles of the Covenant:
2 (3) (a), 5, 7, 9, 14, 17, 23 and 24
Articles of the Optional Protocol:
2, 3 and 5 (2) (b)
1.1
The author of the communication is S.H., born on 1 March 1978. She submits the
communication on her own behalf and on behalf of her minor children, M.L.J.H and E.V.S.H,
who were born on 14 January 2012. They are all Finnish nationals. She claims that Finland
has violated her and her children’s rights under articles 2 (3) (a), 5, 7, 9, 14, 17, 23 and 24 of
the Covenant. The Optional Protocol entered into force for the State party on 23 March 1976.
The author is not represented by counsel.
1.2
On 12 September 2014, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided to consider the admissibility of the
communication separately from the merits.
1.3
On 26 November 2015, the Committee considered the admissibility of the
communication and decided to request additional information from the State party on the
* Adopted by the Committee at its 128th session (2–27 March 2020).
** The following members of the Committee participated in the examination of the communication: Yadh
Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J. Kran,
Duncan Laki Muhumuza, Photini Pazartzis, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany,
Hélène Tigroudja and Gentian Zyberi.
GE.20-12828(E)