CEDAW/C/59/D/59/2013
would “take care of the problems presented by the rich people”. Before the Refugee
Appeals Board, she had stated that she had not contacted the authorities regarding
the custody of the child because, in her view, they would not consider the case
because she was not married to her child’s father. She had also stated that she
thought that neither the police nor any other authorities would consider h er case
because it was a family matter. In that light, the State party is of the view that the
author has failed to seek assistance from the Chinese authorities based on her own
assumption that they would ignore her case.
4.23 On those grounds, the State party submits that the communication should be
rejected by the Committee as inadmissible. Referring to rule 66 of the Committee’s
rules of procedure, the State party requests the Committee to examine the
admissibility of the communication separately from its merits. It also reserves its
right to submit observations on the merits.
Author’s comments on State party’s observations on admissibility
5.1 On 6 March 2014, the author’s counsel expressed the view that the
communication was admissible and substantiated, stating that Y.C. did not seek
police assistance in China because she was not married to the father of her child and
because the police force does not care about domestic issues. As a Christian, she
believed that she would receive even less attention and feared harassment by the
police.
5.2 The author’s counsel points out that, because Y.C. has been beaten six times by
her child’s father and because he has threatened to beat her if they meet again, she
faces a real, personal and foreseeable risk of serious forms of gender-based violence
if she approaches him again. As a principle of human rights, a person must be able
to see his or her own child; out of fear, the author was unable to exercise that right
for many years.
5.3 According to the author’s counsel, if the author were to be granted asylum in
Denmark and eventually become a Danish citizen, she would have a better chance
of success and protection if she approached the Chinese authorities to see her son.
5.4 With reference to a report by a non-governmental organization, the author’s
counsel notes that domestic violence is traditionally considered to constitute a
private issue in China.
5.5 The author’s counsel concludes that the communication should be declared
admissible in order to secure the human rights of the author and enable her
eventually to see her child and to exercise her religion as freely as she has been able
to do in Denmark.
Issues and proceedings before the Committee concerning admissibility
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.
Pursuant to rule 66, the Committee may decide to consider the admissibility of the
communication separately from its merits.
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.
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