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