CCPR/C/118/D/2299/2013 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. Forder) 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. GE.16-20825(E) 

Select target paragraph3