Legal cases

Joseph Frank Adam v. Czech Republic

Legal case |
Joseph Frank Adam v. Czech Republic

 

(Communication No. 586/94), UN Doc.CCPR/C/57/D/586/1994

Subject:

Article 26 – discrimination on the ground of other status – citizenship, objective and reasonable justification:

Joseph Frank Adam is the Australian son of a property-owner who had fled Czechoslovakia. He claimed that the relevant Czech law that limited recovery of property confiscated by the Communist government of Czechoslovakia to Czech citizens and permanent residents arbitrarily discriminated against him.

Conclusion:

Violation of Article 26: The Human Rights Committee found that any legislation granting restitution or compensation must not discriminate among the victims of the prior confiscation and that the requirement of citizenship was unreasonable.

(Paragraphs 12.6, 13.1)

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