Hopu and Bessert v. France

Comment:

Pursuant to rule 85 of the Committee's rules of procedure, Ms. Christine Chanet did not participate in the examination of the case. The texts of two individual opinions signed by nine Committee members are appended to the present document: A. Individual opinion by Committee members Elizabeth Evatt, Cecilia Medina Quiroga, Fausto Pocar, Martin Scheinin and Maxwell Yalden (partly dissenting) B. Individual opinion by Committee members David Kretzmer and Thomas Buergenthal, cosigned by Nisuke Ando and Lord Colville (dissenting)

Substantive issues:

• access to court
• competent, independent and impartial tribunal
• discrimination on other grounds
• effective remedy
• equality before the law
• family rights
• minorities
• privacy

Substantive articles:

• 14 (1)
• 17 (1)
• 23 (1)
• 26
• 27

Procedural issues:

• exhaustion of domestic remedies
• reservations

Procedural articles:

• 5 (2) (b)