agreement its statement that article 2(3) not provide for an independent free-standing ‘does refers to the statement at paragraph 8 of General Comment No. 31 that the need right’. It also to provide effective the event of article 2(3). remedies arises ‘in breach’ under The Australian Government considers that, to be consistent with the terms of the Covenant, it was necessary for the Committee to find a primary violation of the substantive rights of the Covenant claimed by the author prior to considering the right to an effective remedy under article 2(3). The Australian Government respectfully notes its position that the right to an effective remedy cannot be found in the absence of any consideration of a substantive violation of the Covenant. The Australian Government avails itself of this opportunity to renew to the Committee the assurances of its highest consideration.
agreement its statement that article 2(3) ‘does not provide for an independent free-standing right’. It also refers to the statement at paragraph 8 of General Comment No. 31 that the need to provide effective remedies arises ‘in the event of breach’ under article 2(3). The Australian Government considers that, to be consistent with the terms of the Covenant, it was necessary for the Committee to find a primary violation of the substantive rights of the Covenant claimed by the author prior to considering the right to an effective remedy under article 2(3). The Australian Government respectfully notes its position that the right to an effective remedy cannot be found in the absence of any consideration of a substantive violation of the Covenant. The Australian Government avails itself of this opportunity to renew to the Committee the assurances of its highest consideration.
HorvathvAustralia-AustralianGovernmentresponse20October2014.docx