CEDAW/C/73/D/86/2015
who faces forced marriage upon her return; 12 (c) the author’s fear of being returned
to Jordan; (d) the fact that she left behind her other children; (e) her Palestinian
refugee status that may force her to seek refuge in a settlement for internally displaced
persons or a refugee camp upon her return, owing to her lack of family ties or social
network in Jordan.
5.3 The author reiterates that her removal to Jordan would constitute a breach of
articles 1 and 2 (d), read in conjunction with article 2 (e) and (f), and article 15 (4) of
the Convention.
State party’s additional observations
6.1
On 7 November 2016, the State party submitted its additional observations.
6.2 The State party upholds its observations of October 2015 and, in response to the
author’s specific comments on the lack of a gender-specific approach in the
assessment of her case, it submits that, in the course of examining the author ’s case,
the State party authorities specifically focused on clarifying the issue of gender specific persecution, which was exactly what was at stake for the author in the
particular case, so the assessment therefore must have had a gender-specific
dimension.
6.3 In relation to the author’s claims challenging the decision of the Refugee
Appeals Board not to request verification of the authenti city of the arrest warrant, the
State party upholds its arguments as set out in its previous observations.
6.4 Regarding the alleged vulnerability of the author as a Palestinian refugee, the
State party reiterates that the author holds a Jordanian passpor t and, as a Jordanian
national, that she has the same rights as other Jordanian nationals. The State party
refutes the author’s assertion that it did not take into account the background material
submitted in her initial complaint and submits that the Refu gee Appeals Board
undertook an overall assessment of all circumstances relied upon by the author
together with all available background information on Jordan, including those
submitted by the author.
6.5 In the light of the above, and considering that the author’s additional comments
do not give rise to a different assessment of her case, the State party submits that the
communication should be declared inadmissible as not being sufficiently
substantiated. Should the Committee consider the case on the meri ts, the State party
is of the view that the removal of the author would not constitute a violation of the
Convention.
Issues and proceedings before the Committee
Consideration of admissibility
7.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 66 of its rules of procedure, the Committee may decide to consider the
admissibility of the communication separately from its merits.
7.2 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.
__________________
12
8/13
The author contends that the State party failed to adopt a gender-sensitive approach not only with
regard to her claims but with regard to her children’s claims as well and, in that regard, invokes
articles 3 and 22 of the Convention of the Rights of the Child, in conjunction with article 5 (a) of
the Convention on the Elimination of All Forms of Discrimination against Women.
19-15427