CEDAW/C/74/D/126/2018
representatives about the fairness of the agreement’s terms, an inequality of arms or
undue pressure to agree to the proposed terms. The Committee also notes that one of
the parties to the claim filed by A.J. and S.B., who is not a party to the authors ’
communication, chose not to settle her claims at the same time. The Committee
further considers, taking into account the amounts of the compensation awards, the
payment of the authors’ legal costs and the text of the public apology, that the terms
of the settlement agreement are not in and of themselves patently unfair towards the
authors. In the light of the information made available to it, the Committee is unable
to conclude that the settlement agreement was manifestly inequitable or was the result
of undue pressure or coercion owing to onerous terms, so as to vitiate the authors ’
waiver to submit a communication to the Committee concerning the same matter.
Accordingly, the Committee is of the view that the authors lost their victim status
when they concluded the settlement in full and final satisfaction of their claims at the
national level. The Committee therefore concludes that the communication is
inadmissible under article 2 of the Optional Protocol. 9
7.
The Committee therefore decides that:
(a) The communication is inadmissible under article 2 of the Optional
Protocol;
(b)
authors.
The present decision shall be communicated to the State party and to the
__________________
9
19-22187
In the light of its findings, the Committee does not deem it necessary to examine other grounds
of inadmissibility.
15/15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents