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) 240320  250320

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