CEDAW/C/59/D/59/2013
women includes gender-based violence, including acts that inflict physical, mental or
sexual harm or suffering. Accordingly, her deportation to China would amount to a
breach by Denmark of the Convention and the general recommendation. She
explains that she would not receive protection from the Chinese authorities because
she was not married to the child’s father and because she comes from a society in
which it is considered normal for men to beat women. She adds that she is afraid that
her religion would place her in an even weaker situation if she were to seek help or
protection from the authorities in relation to her child.
3.4 The author claims that the foregoing demonstrates that she would be a victim
of a violation of articles 1 to 3 and 5 of the Convention and of the Committee’s
general recommendation No. 19. She claims that, by deporting her to China,
Denmark would be in breach of the Convention because the Chinese authorities
would be unable to protect her.
State party’s observations on admissibility
4.1 By a note verbale of 14 October 2013, the State party challenged the
admissibility of the communication. It recalls the facts of the case, noting that the
author is a Chinese national born in 1974 who entered Denmark without valid travel
documents early in 2011. On 16 June 2011, the police encountered her in a Chinese
restaurant and arrested her for being in the country illegally. At the statutory court
hearing on 18 June 2011, the author applied for asylum, claiming that she had
nowhere to live in China and that she would face violence at the hands of her former
partner, with whom she had a son, if they met again. She stated that she had given
birth at 25 years of age, in or around 1999. Shortly after, the father had left with the
child; he had hit her six times on that occasion. The child had lived with his father
since then and the author had not seen him since 1998. After their break -up, the
author had telephoned her former partner once because she wanted custody of their
child; he had visited her and they had fought. She had met him again two or three
years before her departure and he had threatened to hit her if she continued to harass
him. The author had not since sought to contact him and he had not looked for her.
The author also referred to her lack of freedom of religion in China.
4.2 On 23 August 2011, the Danish Immigration Service refused to grant her
asylum. On 7 November 2011, the Refugee Appeals Board upheld that decision,
finding that the author did not meet the conditions for residence under section 7 of
the Aliens Act. The Board considered it a fact that the author had had conflict with
the child’s father, who had hit her, but noted that she had not contacted the
authorities about that violence or about her former partner taking the child away. It
observed that the author’s relationship with her former partner was a matter of
private law and that that conflict did not imply that, if returned to China, the author
would necessarily risk persecution or outrages of a nature set out in section 7 (2) of
the Aliens Act against which she would be unable to seek the protection of the
Chinese authorities. The Board also observed that the author’s former partner had
not himself sought her out.
4.3 Concerning the exercise of her religion, the Board gave credence to the
author’s statement that she had taken part and assisted a priest in Catholic services
every day in the city in which she worked. The priest had told her to be careful wi th
the authorities; the author had had no conflict or dealings with the authorities
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