CCPR/C/120/D/2798/2016 United Nations International Covenant on Civil and Political Rights Distr.: General 11 September 2017 Original: English Human Rights Committee Decision adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2798/2016*, ** Submitted by: J.B. (represented by counsel) Alleged victim: J.B. and E.B. State party: Australia Date of communication: 12 March 2015 (initial submission) Document references: Decision taken pursuant to rule 97 of the Committee’s rules of procedure, transmitted to the State party on 24 August 2016 (not issued in document form) Date of adoption of Views: 21 July 2017 Subject matter: Custody over a child/young woman diagnosed with autism spectrum disorder Procedural issues: Abuse of the right of submission of communication; non-exhaustion of domestic remedies; non-substantiation of claims; victim status; inadmissibility ratione materiae Substantive issues: Non-discrimination; torture and ill-treatment; arbitrary deprivation of liberty; liberty of movement; right of access to a fair trial; right to privacy; family rights; children’s rights; equality before the law Articles of the Covenant: 2, 7, 9, 12, 14, 17, 23, 24 and 26 Articles of the Optional Protocol: 3 and 5 1.1 The author is J.B., a national of Australia born on 26 October 1951. She submits the complaint on her behalf and on behalf of her daughter, E.B., also an Australian national, born in 1990. 1.2 The author claims that the State party has violated her rights and the rights of her daughter under articles 2, 7, 9, 12, 14, 17, 23, 24 and 26 of the International Covenant on * Adopted by the Committee at its 120th session (3-28 July 2017). ** The following members of the Committee participated in the examination of the present communication: Tania Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville, Ahmed Amin Fathalla, Christof Heyns, Yuji Iwasawa, Bamarian Koita, Duncan Muhumuza Laki, Photini Pazartzis, Mauro Politi, Jose Manuel Santos Pais and Margo Waterval. GE.17-15783(E) 

Select target paragraph3