D. Procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women The Convention on the Elimination of All Forms of Discrimination against Women, adopted on 18 December 1979, guarantees the right of all women to be free from discrimination and lays down obligations for State parties designed to ensure the legal and practical enjoyment of that right. The substantive obligations are set out in Parts I to IV of the Convention (arts. 1–16). The Convention’s complaint mechanism is established by its Optional Protocol, which was adopted on 6 October 1999. It is a separate treaty open to State parties to the Convention. States that have become a party to the Optional Protocol recognize the competence of the Committee on the Elimination of Discrimination against Women—a panel of 23 independent experts that meets three times a year—to receive complaints from persons within their jurisdiction alleging violations of their rights under the Convention.19 Claims dealt with by the Committee under the complaint procedure have covered issues such as failure on the part of State authorities to adequately protect women victims of domestic violence; coerced sterilization; stereotypes affecting women’s right to a fair and just trial; absence of laws and regulations governing access to therapeutic abortion; conditions of detention not adapted to the specific needs of women; or inappropriate medical treatment in connection with pregnancy resulting in the victim’s death. Additional pointers A complaint will be inadmissible not only if it is being examined by another procedure of international investigation or settlement but also if it has already been examined under such procedure. When the Committee takes a decision (formally called views) on the merits of a case, it also makes recommendations on the remedies to be adopted by the State party. The recommendations can be of a general nature, addressing policy issues in the State party, or specific, adapted to the case in question. The kinds of recommendations that the Committee makes include: measures to end ongoing violations against the victim; restitution, compensation and rehabilitation for the victim; law reform and changes in policies and practices that are in violation of the Convention; steps to prevent the repetition of the violation. For more information about the Committee on the Elimination of Discrimination against Women, see its web page: http://www2.ohchr.org/english/bodies/cedaw/index.htm (accessed 28 March 2013). 19 17

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