4.3 The State party claims that the author has failed to exhaust available
domestic remedies. It notes that on 10 May 1990, the Department of Private
Law rendered its final decision in respect of the conditions imposed on the
author's right of access; with this, only the available administrative
procedures were exhausted. Pursuant to section 63 of the Danish
Constitutional Act, the author should then have requested from the courts a
judicial review of the terms and conditions imposed by the decision.
4.4 The State party also observes that the courts may directly rule on the
alleged violations of Denmark's international obligations under the
International Covenant on Civil and Political Eights. It concludes that, as
the author failed to submit his complaint to the Danish courts, the
communication is inadmissible under articles 2 and 5, paragraph 2(b), of the
Optional Protocol,
4.5 In his comments on the State party's submission/ the author states, intej:
alia, that he does not want to seize the courts because of the unnecessary
expenditure of taxpayers' money and for reasons of time and stress. He also
expresses his doubts about the effectiveness of a trial in his case.
Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Rights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
5.2 The Committee has taken notice of the State party's contention that the
author has no standing to act on behalf of his son, as Danish law limits this
right to the custodial parent. The Committee observes that standing under the
Optional Protocol may be determined independently of national regulations and
legislation governing an individual's standing before a domestic court of
law. In the present case, it is clear that T.S, cannot himself submit a
complaint to the Committee; the relationship between father and son and the
nature of the allegations must be deemed sufficient to justify representation
of T.S. before the Committee by his father.
5.3 As regards the author's claims of a violation of articles 14, 21, 22 and
27, the Committee considers that the facts as submitted by the author do not
raise issues under these articles. This part of the communication is
therefore inadmissible under article 2 of the Optional Protocol.
5.4 With regard to the author's allegations of violations of articles 17, 18,
23, 24 and 26, the Committee observes that article 5, paragraph 2 (b), of the
Optional Protocol precludes it from considering a communication unless it has
been ascertained that domestic remedies have been exhausted. In this
connection the Committee notes that the author has exhausted only
administrative procedures; it reiterates that article 5, paragraph 2<b), of
the Optional Protocol, by referring to "all available domestic remedies",
clearly refers in the first place to judicial remedies, a/ The Committee
recalls the State party's contention that judicial review of administrative
regulations and decisions, pursuant to section 63 of the Danish Constitutional
Act, would be an effective remedy available to the author. The Committee
notes that the author has refused to avail himself of these remedies, because
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