CEDAW/C/73/D/86/2015
on the gender-related dimensions of refugee status, asylum, nationality and
statelessness of women.
3.3 The author also notes that, upon her return, she would not be able to seek
protection from the Jordanian authorities, owing to legislation, legal practices and
cultural norms that are discriminatory against women in the country. 2 She adds that,
even though she holds a Jordanian passport, she is a stateless Palestinian refugee and
her status renders her even more defenceless before the Jordanian authorities.
3.4 She submits that, considering that a warrant has been issued for her arrest and
that she has been sentenced in absentia to two years’ imprisonment, she will be
arrested upon her return to Jordan. Her spouse will therefore be granted full custody
of their daughters, whom she will be unable to defend. Furthermore, the author
submits that she will be coerced into accepting the forced marriage of her daughter to
a much older man.
3.5 The author also submits that weight should be given to the fact that she has no
family ties in Jordan and has lived an isolated life, in which she has been controlled
by her husband, and therefore has no social network to support her there.
3.6 The author further submits that having been required to seek permission from
her spouse to leave Jordan with her daughters, in accordance with the existing practice
of the Jordanian authorities, amounts to a violation of her rights under article 15 (4)
of the Convention. 3
State party’s observations on admissibility and the merits
4.1 On 30 October 2015, the State party submitted its observations on the
admissibility and the merits of the communication and requested that the Committee
lift its request for interim measures of protection.
4.2 The State party recalls the facts of the case, 4 and provides a comprehensive
description of the organization, composition, duties, prerogatives and jurisdiction of
the Refugee Appeals Board. It also takes into account the guarantees safeguarding the
fairness of asylum proceedings, including legal representation, the presence of an
interpreter and the right to appeal. It notes that the Board has a comprehensive
collection of general background materials on the human rights records of the
countries of origin of asylum seekers, which is regularly updated and duly considered
in decision-making processes.
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2
3
4
4/13
In that regard, she refers to various background materials, such as the concluding observations of
the Committee against Torture on the second periodic report of Jordan ( CAT/C/JOR/CO/2); the
report of the Special Rapporteur on violence against women, its causes and consequences, on her
mission to Jordan (A/HRC/20/16/Add.1); and the study of women’s rights in the Middle East and
North Africa conducted by Freedom House in 2010. Available from https://freedomhouse.org/
report/women039s-rights-middle-east-and-north-africa/womens-rights-middle-east-and-northafrica-2010.
Under the Provisional Passport Law of Jordan, women are no longer required to seek their
husband’s permission before obtaining or renewing their travel documents, however, social
norms continue to play a major role in that regard and, in practice, women and their children are
barred from traveling by their husbands.
The State party submits that the author entered Denmark with her two minor children on
17 November 2012 with a valid Schengen visa for Denmark issued by the Norwegian Emba ssy in
Amman. The State party notes that, according to the facts as presented before the Danish
authorities, the author, after having stayed in Denmark for about one month, then travelled on to
Sweden, where she applied for asylum on 7 April 2013. On 4 Jul y 2013, Sweden requested that
Denmark take back the author, in compliance with the relevant provisions of the Dublin
Regulation. On 10 July 2013, Denmark agreed to that request. T he author entered Denmark on
16 August 2013 and applied for asylum on the same date.
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