CRC/C/83/D/48/2018

United Nations

Convention on the
Rights of the Child

Distr.: General
28 February 2020
English
Original: Spanish

Committee on the Rights of the Child

Decision adopted by the Committee under the Optional
Protocol to the Convention on the Rights of the Child on a
communications procedure, concerning communication No.
48/2018*, **
Communication submitted by:

Y.F.

Alleged victims:

F.F., T.F. and E.F., the author’s children

State party:

Panama

Date of communication:

21 June 2018

Date of adoption of decision:

3 February 2020

Subject matter:

Transfer of children from Benin to Panama with
the father’s consent, non-return of the children
without the father’s consent; right to maintain
direct contact with the father

Procedural issues:

Lack of consent of the children; competence
ratione temporis; non-exhaustion of domestic
remedies; lack of substantiation of claims

Articles of the Convention:

2, 5, 8, 9, 10, 11, 16, 35 and 37

Articles of the Optional Protocol:

5 (2) and 7 (c), (e), (f) and (g)

1.1
The author of the communication is Y.F., an adult national of Benin. He submits the
present communication on behalf of his three children, F.F., T.F., and E.F., who are of
Beninese and Panamanian nationality and were born on 22 December 2001, 18 September
2003 and 20 February 2005, respectively. He claims that his children are the victims of
violations of their rights under articles 2, 5, 8, 9, 10, 11, 16, 35 and 37 of the Convention.
The author is not represented by counsel. The Optional Protocol entered into force for the
State party on 16 May 2017.
1.2
On 2 July 2018, in accordance with article 6 of the Optional Protocol, the Working
Group on Communications, acting on behalf of the Committee, decided not to request the
State party to adopt interim measures, there being no discernible risk of irreparable harm.

* Adopted by the Committee at its eighty-third session (20 January–7 February 2020).
** The following members of the Committee participated in the examination of the communication:
Suzanne Aho Assouma, Amal Salman Aldoseri, Hynd Ayoubi Idrissi, Bragi Gudbrandsson, Philip
Jaffé, Olga A. Khazova, Cephas Lumina, Gehad Madi, Faith Marshall-Harris, Benyam Dawit
Mezmur, Clarence Nelson, Otani Mikiko, Luis Ernesto Pedernera Reyna, José Ángel Rodríguez
Reyes, Aïssatou Alassane Moulaye Sidikou, Ann Marie Skelton, Velina Todorova and Renate Winter.

GE.20-03098 (E)

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