CEDAW/C/59/D/59/2013
4.16 In addition, the author ’s departure was not caused by a specific situation.
During her interview with the Danish Immigration Service on 26 July 2013, she
referred to the difficult social conditions in China as a reason for her asylum
application.
4.17 In the light of the foregoing, the State party considers that the author has failed
to sufficiently substantiate, for the purposes of admissibility, her claim that her
removal to China would expose her to a real, personal and foreseeable risk of
serious forms of gender-based violence. Furthermore, it remains unclear and
insufficiently substantiated what violations of the Convention the author would
suffer if she were returned to China. The author refers to several provisions of the
Convention, without describing in detail how they may be considered relevant. The
communication should therefore be declared inadmissible under article 4 (2)(c) of
the Optional Protocol as manifestly ill-founded and unsubstantiated.
4.18 As regards the part of the author’s claims regarding her fear of per secution by
the father of her child, the State party submits that that part of the communication is
inadmissible under article 4 (2)(b) as incompatible with the provisions of the
Convention.
4.19 With reference to the jurisprudence of the Committee agains t Torture, the State
party notes that positive duties under article 2 (d) do not encompass an obligation
for States parties to refrain from expelling a person who might risk pain or suffering
inflicted by a private person, without the consent or acquiescen ce of the State
authorities. The case law of the European Court of Human Rights on article 3 of the
European Convention on Human Rights shows also that, when returning an alien, a
State party can become responsible for acts committed against the alien in h is or her
country of origin only if the alien is able to show that the authorities of the
receiving State are unable to obviate the risk by providing appropriate protection. 1
4.20 In the State party’s view, the author has failed to sufficiently substantiat e her
contention that the Chinese authorities would be unable to obviate the alleged risk
through appropriate protection, meaning that this part of the communication should
be declared incompatible under article 4 (2)(b) of the Optional Protocol.
4.21 In this respect, the State party emphasizes that, according to her own
statements to the Danish authorities, the author at no time contacted the Chinese
authorities concerning the violence to which she was subjected by her child’s father
or the child’s sustained stay with his father. The author’s claims in the
communication to the effect that she could not receive help from the authorities
because she was not married to the child’s father or that the situation of neglect on
the part of the authorities prevented her from making another attempt to see her
child are not supported by the author’s own statements during the proceedings.
4.22 The State party adds that the author’s own statements during the proceedings
also do not support the allegation made in the co mmunication to the effect that the
she did not contact the authorities because she did not dare to seek protection from
them. Before the Danish Immigration Service, she had stated that she did not seek
the protection of the authorities because in China because nobody wanted to be
involved in private matters, that it would be a waste of time and that the authorities
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1
14-67404
See, for example, H.L.R. v. France, application No. 24573/94, para. 40, Salah Sheekh v. the
Netherlands, application No. 1948/04, para. 137, and NA v. the United Kingdom, application
No. 25904/07, para. 110.
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