ICCPR Case Digest

CCPR/C/119/D/2216/2012

Communication

2216/2012

Submission: 2012.04.27

View Adopted: 2017.03.28

C. v. Australia

Substantive Issues
  • Access to court
  • Non-discrimination
Relevant Articles
  • Article 26
Full Text

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 to provide the author with full reparation for the discrimination suffered through the lack of access to divorce proceedings. The State party is also under an obligation to take steps to prevent similar violations in the future and to review its laws in accordance with the present Views.

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