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Equity, Prosperity and Dispute Resolution Across Borders

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The UN Human Rights Committee (‘Committee’) decision in Zoltowski v Australia

The UN Human Rights Committee (‘Committee’) decision in Zoltowski v Australia established that a State party is required to allow contact between family members during family law proceedings. A failure to do so can amount to arbitrary interference with the family in violation of articles 17(1), 23(1) and 24(1) of the International Covenant on Civil and Political Rights (‘Covenant’). Further, the decision confirmed that a failure to deal expeditiously with a family law matter, without providing some ‘provisional access scheme’, can amount to a violation of the fair hearing provision in article 14(1) of the Covenant. An exception to these findings is if the failure to adopt such measures is in the best interests of the child.

Husnul Prafit

Husnul Prafit is Diaspora Legal's Bali Office Manager and Client Liaison

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