R. Communication Mo. 397/1990, P.S. v. Denmark (decision of 22 July 1992. adopted at the forty-fifth session1 Submitted by; P.S. (name deleted) Alleged victims: The author and his son, X.S. State party; Denmark Date of communication; 15 February 1990 (initial submission) The Human Eights Committee, established under article 28 of the International Covenant on Civil and Political Eights, Meeting on 22 July 1992, Adopts the following: Decision on admissibility* 1. The author of the communication (initial submission dated 15 February 1990 and subsequent submissions) is P.S./ a Danish citizen born in 1960. He submits the communication on his own behalf and that of his son, T.S., born in January 1984. The author claims that he and his son are victims of violations by Denmark of articles 14, paragraphs 2 and 3 (c), 17, 18, 21, 22, 23, 24, 26 and 27 of the International Covenant on Civil and Political Eights. Facts as submitted by the author 2.1 The author married in 1983. In 1986 he and his wife were separated by decision of the County Authorities of North Jutland, which also decided on joint custody of the son. In 1988 the Municipal Court of Varde pronounced the divorce and awarded custody to the mother. The author appealed to the Court of Appeal and claimed custody of his son. On 10 May 1988, the Court of Appeal confirmed the Municipal Court's judgement in respect of the custody question. 2.2 During the proceedings, a temporary agreement on the right of access was concluded between the author and his ex-wife; yet, after discovering that the author had converted to the faith of Jehovah's Witnesses, and that he had taken his son to a rally of Jehovah's Witnesses, the mother requested the County Authorities in Odense to decide on her conditions for granting access to T.S., under which the author had to refrain from teaching the faith of Jehovah's Witnesses to his son. In this context, it is noted that, under Danish law, the parent who has custody may decide on the child's religious education. * An individual opinion submitted by Mr. Bertil Wennergren is appended. -3 95-