CEDAW/C/75/D/108/2016
authorities, as well as their obliviousness to cultural circumstances and the
accessibility of the Internet.
5.4 As for the refusal of the Refugee Appeals Board to order a medical examination
for signs of torture, the author takes note of the State party’s reference to the
conclusion of the Board that, because there was no real risk of torture in the event of
the author’s deportation, no examination would be initiated. The author claims that
that part of the procedure was inconsistent with human rights standards and revealed
procedural irregularities because it was not clear what she could have done to
substantiate her asylum claim.
5.5 The author claims that, in her case, a lower priority seems to have been given in
the proceedings to gender-based issues than to details surrounding those claims. The
gender-based violence, forced marriage, domestic abuse and discriminatory,
patriarchal societal norms were not properly taken into account and, instead, the
proceedings were focused on details related to the flight of the author, with the minor
divergent information apparently being sufficient grounds for rejecting her entire
claim for protection.
Issues and proceedings before the Committee
6.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol.
6.2 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee is
satisfied that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
6.3 The Committee notes that the author claims to have exhausted all domestic
remedies and that the State party has not challenged the admissibility of the
communication on those grounds. The Committee observes that, according to the
information available to it, decisions of the Refugee Appeals Board are in principle
not subject to appeal before the national courts. Accordingly, the Committee considers
that the requirements of article 4 (1) of the Optional Protocol do not preclude it from
examining the communication.
6.4 The Committee notes the author’s claims that her deportation to Somalia would
amount to a violation by Denmark of articles 1 and 2 (d), read in conjunction with
article 2 (e) and (f), of the Convention. It also notes the State party’s observations that
the author has failed to sufficiently substantiate her claims for the purposes of
admissibility and has failed to establish that the assessment by the Refugee Appeals
Board was arbitrary or amounted to a manifest error or a denial of justice and has
failed to identify any irregularity in the decision -making process or any risk factors
that the Board failed to take properly into account.
6.5 The Committee reiterates that, according to its jurisprudence, the Convention
has extraterritorial effect only when the woman to be returned will be exposed to a
real, personal and foreseeable risk of serious forms of gender-based violence. 12
6.6 The Committee recalls that, under international human rights law, the
non-refoulement principle imposes a duty on States to refrain from returning a person
to a jurisdiction in which he or she may face serious violations of human rights,
notably arbitrary deprivation of life or torture or other crue l, inhuman or degrading
treatment or punishment. 13 It reiterates that gender-based violence, which impairs or
nullifies the enjoyment by women of human rights and fundamental freedoms under
general international law or under human rights conventions, amount s to
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12
13
8/9
See, for example, M.N.N. v. Denmark (CEDAW/C/55/D/33/2011), para. 8.10.
See general recommendation No. 32, para. 21.
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