ICCPR Case Digest

CCPR/C/123/D/2348/2014

Submission: 2013.12.24

View Adopted: 2018.07.24

Nell Toussaint v. Canada

Substantive Issues
  • Effective legal protection
  • Effective remedy
  • Equality before the law
  • Liberty and security of person
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 26
  • Article 3
  • Article 6
  • Article 7
  • Article 9.1
Full Text

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose violations by the State party of articles 6 and 26.

Recommendations

the State party is obliged, inter alia, to:

  • Take appropriate steps to provide the author with adequate compensation
  • Take all steps necessary to prevent similar violations in the future
  • Review its national legislation to ensure that irregular migrants have access to essential health care to prevent a reasonably foreseeable risk that can result in loss of life

Implementation

the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views

 

DATE: 24 JANUARY 2019

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese