UN Human Rights Committee

Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011)

There’s no place like home: The case of Mr Nystrom Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011) On 18 August 2011 the United Nation’s Human Rights Committee published its View adopted in the Communication (Communication No. 1557/2007) submitted by Stefan Lars Nystrom. In this landmark decision the Committee found that Australia had violated [...]

L.N.P. v Argentine Republic, Comm. No. 1610/2007, UN Doc. CCPR/C/102/D/1610/2007 (16 August 2011)

Treatment of young rape survivor violated ICCPR L.N.P. v Argentine Republic, Comm. No. 1610/2007, UN Doc. CCPR/C/102/D/1610/2007 (2011) The Human Rights Committee recently found that Argentina’s treatment of a 15 year-old rape survivor violated articles 2(3), 3, 7, 14(1), 17, 24 and 26 of the International Covenant of Civil and Political Rights. Facts L.N.P., an [...]

Singh v France, UN Doc CCPR/C/D/102/18767/2009 (22 July 2011)

Restrictions on head dress an impermissible violation of the right to freedom of religion Singh v France, UN Doc CCPR/C/D/102/18767/2009 (22 July 2011) Summary The UN Human Rights Committee recently decided that a French regulation requiring persons to appear bare headed in identity photographs used for residency permits constitutes an impermissible limitation on the applicant’s [...]

Zhumbaeva v Kyrgyzstan, UN Doc CCPR/C/102/D/1756/2008 (19 July 2011)

State bears responsibility for deaths in custody Zhumbaeva v Kyrgyzstan, UN Doc CCPR/C/102/D/1756/2008 (19 July 2011) Summary In this case, the United Nations Human Rights Committee held that Kyrgyzstan was responsible for injuries to, and the death of, a man held in police custody. The Committee based its decision on the principles that a State [...]

LMR v Argentina, UN Doc CCPR/C/101/D/1608/2007 (28 April 2011)

Restricting access to legal abortion may amount to torture or other cruel, inhuman or degrading treatment under the ICCPR LMR v Argentina, UN Doc CCPR/C/101/D/1608/2007 (28 April 2011) Summary In May 2007, VDA, an Argentine national, submitted a communication to the UN Human Rights Committee on behalf of her daughter, LMR, who has a permanent [...]

McCallum v South Africa, UN Doc CCPR/C/100/D/1818/2008 (2 November 2010)

Ill-Treatment in Custody: Human Rights Committee Considers Prisoners’ Rights in Detention McCallum v South Africa, UN Doc CCPR/C/100/D/1818/2008 (2 November 2010) The Human Rights Committee has found that South Africa violated a prisoner’s rights not to be tortured or treated in a cruel, inhuman or degrading manner and to be treated with humanity and respected [...]

Adrakhim Usaev v Russian Federation, UN Doc CCPR/C/99/D/1577/2007 (20 August 2010)

Adrakhim Usaev v Russian Federation, UN Doc CCPR/C/99/D/1577/2007 (20 August 2010) The Human Rights Committee, in consideration of a communication submitted under the Optional Protocol to the International Covenant on Civil and Political Rights, ruled that a man currently imprisoned in Russia had been subjected by the law enforcement authorities to torture or cruel, inhuman [...]

Olimzhin Eshonov v Uzbekistan, UN Doc CCPR/C/99/D/1225/2003 (18 August 2010)

Human Rights Committee Considers Necessity for Independent, Impartial Investigations in Cases of Alleged Breaches of the ICCPR Olimzhin Eshonov v Uzbekistan, UN Doc CCPR/C/99/D/1225/2003 A father of a man who died in custody submitted a complaint to the Human Rights Committee (Committee), alleging violations of his son’s rights and his own rights under arts 2, [...]

Evangeline Hernandez v The Philippines, UN Doc CCPR/C/99/D/1559/2007 (20 August 2010)

Investigation of Death of Human Rights Defender and the Need for Independent Investigation and Expeditious Prosecution Evangeline Hernandez v The Philippines, UN Doc CCPR/C/99/D/1559/2007 (20 August 2010)  The Human Rights Committee has held the Philippines breached its obligations under the International Covenant on Civil and Political Rights following the arbitrary killing of a human rights [...]

Nikolaus Fürst Blücher von Wahlstatt v Czech Republic, UN Doc CCPR/C/99/D/1491/2006 (19 August 2010)

Discrimination on Ground of Nationality Nikolaus Fürst Blücher von Wahlstatt v Czech Republic, UN Doc CCPR/C/99/D/1491/2006 (19 August 2010) The Human Rights Committee has found that Czech land laws requiring citizenship as a necessary condition for restitution of property previously confiscated by authorities constitutes a violation of the right to equality before the law. Facts [...]

Fatima Andersen v Denmark, UN Doc CCPR/C/99/D/1868/2009 (26 July 2010)

Who is a ‘Victim’ with Standing to Bring a Complaint under the ICCPR? Fatima Andersen v Denmark, UN Doc CCPR/C/99/D/1868/2009 (26 July 2010) The UN Human Rights Committee has held that to be a ‘victim’ under the International Covenant on Civil and Political Rights requires the identification of specific consequences of the conduct that forms [...]

Gonzalez v Guyana, UN Doc CCPR/C/98/D/1246/2004 (21 May 2010)

Protection of the Family and the Right to Determination of Status without Unreasonable Delay Gonzalez v Guyana, UN Doc CCPR/C/98/D/1246/2004 (21 May 2010) The UN Human Rights Committee has held that an undue delay in judicial proceedings to naturalize Mr Gonzalez as a citizen of Guyana constituted unreasonable and arbitrary interference with the right to [...]

Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010)

Freedom of Religion and Conscience Objection to Military Service Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010) The UN Human Rights Committee has held that the Republic of Korea violated art 18, paragraph 1 of the International Covenant on Civil and Political Rights in convicting and sentencing to imprisonment, [...]

Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)

Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]

Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)

Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]

Kwok v Australia, CCPR/C/97/D/1442/2005 (23 November 2009)

Australia’s Obligation to Protect People from the Death Penalty Kwok v Australia, CCPR/C/97/D/1442/2005 (23 November 2009) The United Nations Human Rights Committee has found Australia to be in breach of its obligations under art 9(1) of the International Covenant on Civil and Political Rights in relation to mandatory immigration detention.  The Committee ruled that ‘detention [...]

Vojnovic v Croatia, UN Doc CCPR/C/95/D/1510/2006 (28 April 2009)

Right to Privacy and Tenancy Rights Vojnovic v Croatia, UN Doc CCPR/C/95/D/1510/2006 (28 April 2009) The Human Rights Committee held that a lawful termination of tenancy rights under Croatian law amounted to an arbitrary interference with the right to home and violated art 17 of the International Covenant on Civil and Political Rights.  The termination [...]

Tornel v Spain, UN Doc CCPR/C/95/D/1473/2006 (24 April 2009)

UN Human Rights Committee Rules on Family Contact with Prisoners Tornel v Spain, UN Doc CCPR/C/95/D/1473/2006 (24 April 2009) The UN Human Rights Committee has held that the rights of a prisoner’s relatives to protection from arbitrary interference with their family life, protected under art 17 of the International Covenant on Civil and Political Rights, [...]

MG v Germany, Communication No 1482/2006, CCPR/C/93/D/1482/2006 (2 September 2008)

The Human Rights Committee has held that a court-ordered medical examination to assess the competency of a party to participate in legal proceedings violated her right to privacy under art 17 of the ICCPR. The order violated the ICCPR because the German court based its decision solely on the author’s procedural conduct and written submissions [...]

Aboushanif v Norway, Communication No 1542/2007, CCPR/C/93/D/1542/2007 (2 September 2008)

The author, Mr Aboushanif, lodged a Communication under the First Optional Protocol to the ICCPR claiming that Norway had violated his rights under art 14(5) of the Covenant. Article 14(5) states that: ‘Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.’ [...]

Kalamiotis v Greece, Communication No 1486/2006, CCPR/C/93/D/1486/2006 (5 August 2008)

The Human Rights Committee has found that the State party breached art 2(3) (adequacy of remedy), when read with art 7 (torture and other prohibited treatment), of the ICCPR, by failing to ensure that complaints about mistreatment by police officers were adequately and satisfactorily investigated by competent authorities. Detailed case note.

Shams v Australia, HRC, UN Doc CCPR/C/90/D/1255, 1256, 1259, 1260, 1266, 1268, 1270, 1288/2004 (11 September 2007)

In a decision regarding mandatory immigration detention, the UN Human Rights Committee has elucidated its jurisprudence on the content and application of art 9 of the ICCPR, the right to liberty and security of person and to be free from arbitrary detention. Detailed case note.

Dudko v Australia, HRC, UN Doc CCPR/C/90/D/1347/2005 (29 August 2007)

In an important decision regarding the nature and scope of the right to equality before the courts, the UN Human Rights Committee has found Australia in violation of art 14(1) of the International Covenant on Civil and Political Rights. Detailed case note.

Danyal Shafiq v Australia, CCPR/C/88/D/1324/2004 (13 November 2006)

On 13 November 2006, the UN Human Rights Committee further elaborated on what constitutes arbitrary detention for the purposes of art 9(1) of the ICCPR, finding that there must be ‘appropriate justification’ for continued mandatory detention in light of the circumstances of the particular case.  It further re-affirmed its view that, pursuant to art 9(4), [...]

Coleman v Australia, HRC, Communication No 1157/2003, UN Doc CCPR/C/87/D/1157/2003 (10 August 2006)

In this decision, the UN Human Rights Committee found Australia in breach of the right to freedom of expression and commented on the human rights implementation obligations of States and Territories. Detailed case note.

D and E v Australia, HRC, Communication No 1050/2002, UN Doc CCPR/C/87/D/1050/2002 (25 July 2006)

This decision of the UN Human Rights Committee concerns Australia’s policy of mandatory immigration detention. Detailed case note.

Brough v Australia (UN Human Rights Committee, Communication No 1184/2003)

In March 2006, the UN Human Rights Committee (‘HRC’) published a landmark finding concerning alleged breaches of articles 2(3) (right to an effective remedy), 7 (right to freedom from cruel, inhuman or degrading treatment or punishment), 10 (rights of persons deprived of their liberty) and 24 (right to adequate protection for children) of the International [...]