United Nations

International Covenant on
Civil and Political Rights

Distr.: General
24 November 2016
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2299/2013*, **
Communication submitted by:

G.E. (represented by counsels, W.G. Fischer and C.J.

Alleged victim:

The author

State party:

The Netherlands

Date of communication:

9 November 2012 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the Committee’s
rules of procedure, transmitted to the State party on 30
October 2013 (not issued in document form)

Date of adoption of the decision: 3 November 2016
Subject matter:

Denial of social benefits to an alien with HIV

Procedural issues:

Incompatibility ratione materiae; non-exhaustion of
domestic remedies; insufficient substantiation

Substantive issues:

Prohibition of torture and other cruel, inhuman or
degrading treatment or punishment; unlawful and
arbitrary interference with one’s privacy and home;
prohibition of discrimination

Articles of the Covenant:

7, 17 and 26

Articles of the Optional Protocol: 2, 3 and 5 (2) (b)
1.1 The author of the communication is G.E., a national of Ghana born on 13 April 1978.
He alleges violations of articles 7, 17 and 26 of the Covenant. The Optional Protocol to the
Covenant entered into force for the Netherlands on 11 March 1979.

* Adopted by the Committee at its 118th session (17 October-4 November 2016).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla, Olivier
de Frouville, Yuji Iwasawa, Ivana Jelić, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley, Víctor
Manuel Rodríguez Rescia, Fabián Omar Salvioli, Yuval Shany and Margo Waterval.



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