CCPR/C/128/D/2381/2014
rights as a parent, including of her children’s guardianship, and therefore discriminated
against as a woman.
7.3
The author submits that the communication is to be considered admissible also
concerning the claims made on behalf of the children, since it raises claims as to the manner
in which the authorities handled their custody and place of residence, ignoring the father’s
violent behaviour towards her and them. She also submits that article 3 of the Optional
Protocol to the Convention on the Rights of the Child on a communications procedure applies
to different kinds of situations, where for example a parent or someone else tries to
manipulate a child’s own will. In the present communication, the very young age of the
children makes their manipulation impossible.
7.4
As for the exhaustion of domestic remedies, the author argues that the Administrative
Court’s decision of 12 September 2014 concerning the placement of the children cannot be
further appealed. As to the authorities’ decision concerning the custody of the children, she
points out that her application for leave to appeal to the Supreme Court concerns the whole
decision of the Court of Appeal and that domestic remedies have proved to be ineffective
since the children have now lived in a violent environment for several months.
7.5
The author claims that the proceedings of the Administrative Court violated article 14
(1) of the Covenant. The Administrative Court refused to hold hearings and to interrogate the
author and the witnesses offered by her, such as a child psychiatrist, a communal kindergarten
teacher and a social worker from Pori Social Services who made the decision of 10 April
2014. If certain evidence is not considered relevant by a court, it is obliged to provide
reasoning for that decision. Nor did the court take into account the documentary evidence
submitted by her, such as medical reports concerning the best interest of the children, their
mental health and development, medical records concerning the damages caused by the
father’s acts of violence against the author, and police reports.
7.6
She claims that the social workers from Pori Social Services had a very negative
attitude towards her every time she contacted them, starting in June 2013. Despite her
complaints of continuing and serious violence and the documentation provided, the social
workers failed to evaluate her allegations about the risk that the father could represent for the
children. Moreover, the authorities failed to thoroughly investigate the allegations, to punish
the perpetrator and to provide protection, shelter and assistance to her and the children in
violation of articles 2 (3) (a), 5, 9 (1), 17, 23 (1) and 24 (1) of the Covenant.
7.7
The authorities’ indifference to her allegations concerning the father’s violence,
notably their comments that the author “is stuck in the idea of the father being violent”,
revictimizes her and constitutes a violation of articles 18 and 19 (2) of the Covenant.
7.8
The manner in which the authorities entered the house of the author’s parents on 10
April 2014 to take the children to an orphanage, without showing any decision or providing
reasons, also constitutes a violation of article 17 of the Covenant.
Issues and proceedings before the Committee on 26 November 2015
Consideration of admissibility
8.1 The Committee ascertained, as required under article 5 (2) (a) of the Optional Protocol,
that, as at 26 November 2015, the same matter was not being examined under another
procedure of international investigation or settlement.
8.2
The Committee takes note of the State party’s argument that the author has no standing
to submit a communication to the Committee on behalf of her children since the District
Court’s decision of 4 December 2014 placed the children in the sole custody of their father
as of 1 May 2014. It also takes note of the State party’s argument that, although in general a
natural mother has standing to act on her child’s behalf in order to protect his or her interest,
in certain cases a communication should be declared inadmissible to prevent the manipulation
of the child. The Committee further takes note of the author’s allegations that at the time that
she submitted her communication to the Committee, she had custody of her children, and that
her communication raises claims concerning the manner in which the authorities handled the
custody and place of residence of her children and arbitrarily granted it to their father. The
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