Title
L.P. v. The Czech Republic
Court/Judicial Body:
Human Rights Committee
Citation:
Communication No. 946/2000
Date:
17 May 1999
Instruments Cited:
International Covenant on Civil and Political Rights
Art. 2(3): right to an effective remedy
Art. 17: Right to private and family life
Summary:
Mr. LP separated from his wife, Ms. RP, who was awarded custody of their child. A national court ruled on provisional access rights prior to the finalisation of the divorce and Mr. LP was allowed access to his son at specified times. Ms. RP refused him such access, and a series of bitter legal disputes arose during which Ms. RP was fined several times for her refusal to allow Mr. LP to see his son. Proceedings in the Czech Republic continued for nine years before this complaint was made to the Committee.
Mr. LP initially made his complaint based on his rights and the rights of his son. The Committee would not consider a complaint relating to violations of the child’s rights, however, unless Mr. LP was acting on behalf of his son, and he did not claim to do so. The Court found a violation Mr. LP’s right to family life in conjunction with his right to a remedy in relation to ensure access to his son in accordance with the national court’s decision.
Link to Full Judgement:
http://daccess-dds-ny.un.org/doc/UNDOC/DER/G02/444/48/PDF/G0244448.pdf?OpenElement
This summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice.