United Nations

International Covenant on
Civil and Political Rights

Distr.: General
30 August 2018
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of
the Optional Protocol, concerning communication
No. 2348/2014*, **
Communication submitted by:

Nell Toussaint (represented by counsel, Andrew
Dekany, and by Bruce Porter, of Social Rights
Advocacy Centre)

Alleged victim:

The author

State party:


Date of communication:

24 December 2013 (initial submission)

Document references:

Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 14 February 2014 (not issued
in document form)

Date of adoption of Views:

24 July 2018

Subject matter:

Denial of access to health insurance and health
care and its consequences for author’s life and

Procedural issues:

Victim status (actio popularis); abuse of
submission ⸻ incompatibility with the Covenant;
non-exhaustion of domestic remedies

Substantive issues:

Right to equal protection without distinction of
any kind; right to an effective remedy; right to
life; risk of ill-treatment; right to security of
person; right to equality before the law

Articles of the Covenant:

2 (1) and (3) (a), 6, 7, 9 (1) and 26

Articles of the Optional Protocol:

1, 2, 3 and 5 (2) (a) and (b)

The author of the communication is Nell Toussaint, a national of Grenada born in
1969 who has lived in Canada since 1999. She claims to be a victim of violations by
Canada of her rights under articles 2 (1) and (3) (a), 6, 7, 9 (1) and 26 of the Covenant. The
* Adopted by the Committee at its 123rd session (2–27 July 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin
Fathalla, Olivier de Frouville, Christof Heyns, Bamariam Koita, Duncan Laki Muhumuza, Mauro
Politi, José Manuel Santos Pais, Yuval Shany and Margo Waterval. Pursuant to rule 90, paragraph 1
(a), of the Committee’s rules of procedure, Marcia V.J. Kran did not participate in the examination of
the communication.



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