CCPR/C/123/D/2348/2014 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: Canada 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 health 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) 1. 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. GE.18-14304(E) 

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