3.1 As to the definition of discrimination under article 1, subparagraph 1, of the Convention, the petitioner argues that, although a language requirement is not specifically included in this definition, discrimination may conflict with the obligation laid down in the Convention, especially under circumstances where the requirement in fact constitutes discrimination based, inter alia, on national or ethnic origin, race or colour, as the requirement has such an effect.

In any event, given the grave nature of the case, only a criminal remedy can be considered effective and sufficient and thus necessary to exhaust.

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

5.2 In relation to the exhaustion of domestic remedies, counsel pointed out that, in accordance with the general principles of international law, the domestic remedies which must be exhausted are those which are effective, adequate or sufficient, in other words, which offer a serious chance of providing an effective remedy for the alleged violation.

Remediable way?

Recourse proceedings, though not a remedy in themselves, make it possible to achieve a remedy.

However, it is the Committee's constant jurisprudence that the rule of exhaustion applies only to the extent that those remedies are effective and available.

The remedy is to start by tackling the basis that resulted in the existence of mercenaries.

Persons likely to face racism and discrimination should be informed of remedies available at the international level, such as that provided by article 14 of the Convention, so that they can seek satisfaction before international bodies when domestic remedies have been exhausted.

I didn't want to, but it was the only way I could save myself.

(c) Effective remedies.

V. LEGAL REMEDIES

It adds that the standard set by article 3 of the Convention was applied by the national authorities in assessing the risk to the complainant of deporting him, and that the Committee should not rely instead on its own conclusions.

3.8 As to the exhaustion of domestic remedies, the author argues, with respect to the pending civil complaint, that a victim is only required to pursue one remedy to exhaustion (that is, the criminal complaint), even if other remedies are available.

4.6 Counsel submits that the authors should be deemed to have complied with the requirement of exhaustion of domestic remedies, since available judicial remedies are clearly ineffective.

The Federal Court also has authority to order the stay of an expulsion order pending consideration of an application for judicial review.

6. Remedies, compensation and restitution

6.3 The Committee recalls that mere doubts about the effectiveness of remedies do not absolve an individual from exhausting them.

2.2 It is contended by counsel that constitutional remedies are not, in practice, available to the author, who lacks financial means.

The authors cannot be reproached for having legally exercised the remedies available to them.

As regards the author apos s argument that he had been advised that his appeal would not be successful, the State party recalls that doubts about the likelihood of success of remedies do not absolve an author from exhausting them.

With this, it is submitted, all domestic remedies have been exhausted.

Another remedy available to him would have been a constitutional complaint.

The remedy lay not in turning away from the world but in embracing it even more closely.

Even so, for her, the issue is not how many judicial instances she may appeal to, but whether the existing law against ethnic discrimination may offer her a remedy in her opinion, it does not.

3.5 With regard to exhaustion of domestic remedies, the author claims that these are ineffective, as numerous steps have been taken the last 30 years to have the rights of unborn recognized in Canada.

For some, resettlement was the only solution.

The European Court of Human Rights has stated repeatedly that compensation is a valid and effective domestic remedy, and the fact that use was not made of it would imply that the claim is inadmissible on the grounds that domestic remedies were not exhausted.

3.5 On exhaustion of domestic remedies, the author submits that a complaint to the Supreme Court would have been futile, in the light of its jurisprudence on similar cases, and that no other remedies are available to him under Dutch law.

11. States should ensure that adequate and effective legal or other appropriate remedies are available to any persons claiming that his her right of protection against forced evictions has been violated or is under threat of violation.

However, in the absence of further information, for which the State party must be held responsible, we have to conclude that the dismissal of the warder through the complaint to the ombudsman was the only remedy granted to the author.

It is further argued that domestic remedies are ineffective in practice and would fail to offer the authors any protection or any remedy.

With respect to the exhaustion of domestic remedies, the Committee notes that the State party has not claimed that there are any domestic remedies that have not been exhausted or could be further pursued by the author.

The Committee recalls that it is necessary to exhaust only those remedies that have a reasonable chance of success, and is of the view that, in the present case, the complainant did not have such remedies available.

6.5 With respect to the requirement of exhaustion of domestic remedies, the Committee recalls that only such remedies have to be exhausted which are both available and effective.

(b) Since the questions related to whether or not there was any truth to the allegations, we had hoped that the Committee's observation would have taken account of the additional information which had been requested on that subject

The failure of the State party's courts to remedy that discrimination represented a separate violation of article 6.

(h) To protect women in the process of seeking redress from further victimization because of gender insensitive laws or practices

4.10 Still in the same context, the State party rejects as too broad an interpretation the argument that exhaustion of domestic remedies cannot be required if the remedies available probably would not result in a favourable outcome.

4.3 The State party maintains that the remedy of judicial review is based on the French system and that for historical and philosophical reasons it arose as a review limited to questions of law, and that it maintains this character in various European countries.

The Committee recommends that information be promulgated about these remedies and that the State party take action to support women who are entitled to take advantage of them (arts. 3 and 26).

The Government also indicated that Saadi Bouslimani had not exhausted all domestic remedies available to him and that some of these remedies were still available.

This type of problem should be able to be solved.

With this, the author submits, available domestic remedies have been exhausted.

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.