CEDAW/C/62/D/56/2013
ill-treatment by a private person, without the consent or acquiescence of the relevant
State.
9.3 The Committee recalls that article 1 of the Convention defines discrimination
against women as “any distinction, exclusion or restriction made on the basis of sex,
which has the effect or purpose of impairing or nullifying the recognition, enjoyment,
or exercise by women … of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field”. It also recalls its general
recommendation No. 19, which has clearly placed violence against women within the
ambit of discrimination against women by stating that gender-based violence is a form
of discrimination against women and includes acts that inflict physical, mental or
sexual harm or suffering, threats of such acts, coercion and other deprivations of
liberty.
9.4 In the present case, the Committee notes that the author’s claims are, in part,
based on the fact that her daughter had been persecuted and sexually harassed by a
private individual and her son had been detained by the police and later died in
hospital. The Committee also notes the author’s claim that all her life she had been
persecuted and sexually harassed because of her Christian faith. The author also
claims to have been verbally abused and touched in intimate parts of her body by
unknown men. The Committee observes, however, that the author has provided no
clear and specific details about the persecution and sexual harassment that she claims
to have endured throughout her life. Regarding the claimed incidents of harassment,
the Committee notes that the information provided by the author is vague as to when
those incidents took place, how often they happened and who the perpetrators were.
The Committee also notes that, following her return to Pakistan, the author did not
report any incidents of harassment. She also provided no other information excep t on
her conversion to Islam, which was allegedly out of fear. On the basis of the limited
information provided by the author and considering that she provided no explanation
as to how the harassment of her children would constitute a personal risk to her, the
Committee is unable to establish whether there was systematic harassment amounting
to gender-based violence in the author’s case. In addition, the Committee notes that
the author made no link between the alleged facts and the violation of the articles of
the Convention that she invokes. In the circumstances, the Committee considers that
the author has failed to sufficiently substantiate, for the purposes of admissibility, her
claim that her removal to Pakistan would expose her to a real, personal and
foreseeable risk of serious forms of gender-based violence. It therefore declares the
communication inadmissible under article 4 (2) (c) of the Optional Protocol. In view
of the above findings, the Committee does not consider it necessary to examine the
other inadmissibility grounds put forward by the State party.
10.
The Committee therefore decides:
(a) That the communication is inadmissible under article 4 (2) (c) of the
Optional Protocol;
(b)
author.
15-21608
That this decision shall be communicated to the State party and to the
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