CRPD/C/16/D/7/2012

United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
10 October 2016
Original: English

Committee on the Rights of Persons with Disabilities

Views adopted by the Committee under article 5 of the ,
Optional Protocol, concerning communication No. 7/2012 
Communication submitted by:

Marlon James Noble (represented by counsel,
Phillip French)

Alleged victim:

The author

State party:

Australia

Date of communication:

12 April 2012 (initial submission)

Document references:

Decision taken pursuant to rule 70 of the
Committee’s rules of procedure, transmitted to
the State party on 9 August 2012 (not issued in
document form)

Date of adoption of Views:

2 September 2016

Subject matter:

Right to enjoy legal capacity on an equal basis
with others

Procedural issues:

Admissibility ratione temporis, exhaustion of
domestic remedies, victim status

Substantive issues:

Access to court, mental and intellectual disability,
exercise of legal capacity, deprivation of liberty,
discrimination on the ground of disability,
restrictions of rights

Articles of the Convention:

5 (1), 12, 13, 14 (1) (b), 14 (2) and 15

Articles of the Optional Protocol:

1 and 2

 Adopted by the Committee at its sixteenth session (15 August-2 September 2016).
 The following members of the Committee participated in the examination of the communication:
Mohammed Al-Tarawneh, Danlami Umaru Basharu, Monthian Buntan, María Soledad Cisternas
Reyes, Theresia Degener, Diane Kingston, Stig Langvad, László Gábor Lovászy, Martin Babu
Mwesigwa, Carlos Alberto Parra Dussan, Safak Pavey, Ana Peláez Narváez, Coomaravel Pyaneandee,
Silvia Judith Quan-Chang, Jonas Ruskus, Damjan Tatić and You Liang.
An individual opinion by Committee member Damjan Tatić is annexed to the present Views.

GE.16-17471(E)

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