CEDAW/C/60/D/51/2013
Issues and proceedings before the Committee concerning admissibility
8.1 In accordance with rule 64 of its rules of procedure, the Com mittee must
decide whether the communication is admissible under the Optional Protocol.
8.2 The Committee takes note of the author ’s claims that her deportation to China
would constitute a violation by Denmark of articles 1 to 3, 12 and 15 of the
Convention. The Committee also takes note of the State party’s argument that the
communication should be declared inadmissible ratione loci and ratione materiae
under article 2 of the Optional Protocol, given that Denmark has obligations under
the Convention only vis-à-vis individuals under its jurisdiction and cannot be held
responsible for violations of the Convention, such as gender-based violence,
expected to be committed by another State outside the Danish territory and
jurisdiction. The Committee further takes note of the State party’s reference to the
concept of jurisdiction in public international law, in addition to its contention that
the Convention lacks extraterritorial effect and that, unlike other human rights
treaties, does not deal, directly or indirectly, with removal to torture or other serious
threats to life and the security of a person.
8.3 The first issue that needs to be addressed by the Committee is whether it is
competent under the Convention to consider the present communication, involving
the deportation of the author from Denmark to China, where she claims she would
be exposed to gender-based violence, a treatment prohibited by the Convention. The
Committee would need to determine whether, by deporting the author to China, the
State party’s responsibility would be engaged under the Convention for the
consequences of such deportation, albeit outside its territory.
8.4 The Committee recalls that in paragraph 12 of its general recommendation
No. 28 on the core obligations of States parties under article 2 of the Convention it
emphasized that the obligations of States parties applied without discrimination both
to citizens and non-citizens, including refugees, asylum seekers, migrant workers
and stateless persons, within their territory or effe ctive control, even if not situated
within the territory. The Committee indicated that States parties were responsible for
all their actions affecting human rights, regardless of whether the affected persons
were in their territories.
8.5 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. The Committee further
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. With regard to the State party’s argument
that, unlike other human rights treaties, the Convention does not deal, directly or
indirectly, with removal to torture or other serious threats to the life and the security
of a person, the Committee recalls that, in the same re commendation, it also
determined that such gender-based violence impaired or nullified the enjoyment by
women of a number of human rights and fundamental freedoms, which include the
right to life, the right not to be subjected to torture or to cruel, inhum an, degrading
15-05832
13/15
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