ICCPR Case Digest

CCPR/C/119/D/2172/2012

Communication

2172/2012

Submission: 2011.12.02

View Adopted: 2017.03.17

G. v. Australia

Substantive Issues
  • Arbitrary interference with family
  • Effective remedy
  • Non-discrimination
  • Privacy
Relevant Articles
  • Article 17
  • Article 2.1
  • Article 2.3
  • Article 26
Violations

Recommendations

In accordance with 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 obligated, inter alia, to provide the author with a birth certificate consistent with her sex. The State party is also under an obligation to prevent similar violations in the future. In this regard, consistent with its obligations under article 2(2) of the Covenant, the State party should revise its legislation to ensure compliance with the Covenant. 

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