CCPR/C/125/D/2498/2014
also notes that, although the author’s first two applications for a residence permit on the
basis of no-fault statelessness were denied in 2009 and 2012, she was eventually granted
such a permit in 2014, and it has since been renewed. Thus, the State party’s own
authorities have determined that the author is stateless through no fault of her own.
7.7
Regarding the argument of the domestic authorities that the failure to pay the child
budget would not lead to an emergency humanitarian situation, the Committee notes the
State party’s observation that, when the author applied for the child budget in 2011, she had
found a place to live. However, the Committee also notes the statement provided by the
author in 2011 from an individual claiming that the author was reliant on his financial
support, which he was unable to continue providing. The Committee observes that the State
party has not contested the author’s claims that, during the relevant period, she had to rely
on charity to meet basic needs. With respect to the State party’s position that the author had
the primary responsibility for providing for Y, the Committee notes that the author had no
access to the formal labour market during the relevant period, due to her lack of residence
and work permits. The Committee notes the State party’s position that the child budget was
not intended to guarantee a subsistence level of income, but also notes that the author did
not receive any other types of financial assistance from the State party during the relevant
period that would provide for Y’s subsistence. With respect to the argument of the State
party’s authorities that the beneficiary of the child budget is the parent and not the child, the
Committee refers to its conclusions in paragraph 7.3 above.
7.8
In light of the totality of the aforementioned circumstances, including the
vulnerability of the author and Y, both of whom are stateless through no fault of their own,
the Committee considers that the State party has not specified the kinds of special
circumstances that allow individuals without a residence permit to receive the child budget,
taking into account the fact that the author’s other applications for various types of
subsistence-related benefits were denied. The Committee further considers that, under
article 24 (1) of the Covenant, the State party had a positive obligation to ensure that Y’s
physical and psychological well-being was protected, including through a guarantee of
subsistence under circumstances where her mother had no access to work or other income.
Accordingly, the Committee concludes that the facts before it disclose a violation of Y’s
rights under article 24 (1) of the Covenant.
7.9
In view of the foregoing, the Committee does not deem it necessary to further
examine the author’s claims concerning the same matter under articles 23 (1) and 26, read
in conjunction with articles 23 (1) and 24 (1), of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses a violation by the State party of Y’s rights under
article 24 (1) of the Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide Y with an effective remedy. This requires it to make full reparation to individuals
whose Covenant rights have been violated. Accordingly, the State party is obligated, inter
alia, to (a) review Y’s circumstances with a view to ensuring her access to minimum
subsistence, including by re-evaluating the author’s application for the child budget, as
appropriate; and (b) provide adequate compensation to Y for the violations suffered. The
State party is also under an obligation to take all steps necessary to prevent similar
violations from occurring in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents