CEDAW/C/73/D/86/2015
based discrimination in its general recommendation No. 35 (2017) on gender -based
violence against women, updating general recommendation No. 19. In paragraph 21
thereof, it reaffirmed the obligation of States parties to eliminate discrimination
against women, including gender-based violence against women, stating that the
obligation comprised two aspects of State responsibility for such violence, that which
resulted from the acts or omissions of both the State party or its actors, on the one
hand, and non-State actors, on the other. A State party would therefore violate the
Convention if it returned a person to another State where it was foreseeable that
serious gender-based violence would occur. Such a violation would also occur when
no protection against the identified gender-based violence can be expected from the
authorities of the State to which the person is to be returned. What amounts to serious
forms of gender-based violence depends upon the circumstances of each case and
must be determined by the Committee on a case-by-case basis at the stage of
consideration of the merits, provided that the author has made a prima facie case by
sufficiently substantiating her allegations. 15
7.9 In the present case, the author submits that, by returning her and her daughters
to Jordan, the State party would expose them to serious forms of gender-based
violence inflicted by her husband and his family. In view of the information provided,
the Committee considers that the author’s claims are sufficiently substantiated for the
purposes of admissibility. Accordingly, it proceeds with the examination of the merits
of the communication.
Consideration of the merits
8.1 The Committee has considered the present communication in the li ght of all the
information made available to it by the author and by the State party, in accordance
with the provisions of article 7 (1) of the Optional Protocol.
8.2 The Committee takes note of the author’s claims that she was subjected to
gender-based violence during her marriage and that she and her daughters were
subjected to threats and abuse from the author’s husband and his family. The
Committee also takes note of the author’s assertion regarding the intensified conflict
between her and her husband and her fear that, if deported, she and her daughters
would continue to be exposed to gender-based violence and abuse by her husband and
his family and to be under their control, in the absence of a social network there. She
will have no prospect of seeking protection from the Jordanian authorities, owing to
discriminatory legal practices in Jordan and the powerful status of her husband ’s
family. In addition, her status as a Palestinian refugee renders her even more
defenceless before the Jordanian authorities. The Committee further takes note of the
alleged conviction of the author in Jordan for having kidnapped her own daughters
and the arrest warrant subsequently issued against her. The Committee takes note of
the author’s claim that her eldest daughter was forcibly married and that, upon return,
her middle daughter would be also subjected to forced marriage.
8.3 The Committee recalls the State party’s contention that all of the author’s
allegations were thoroughly examined by the State party immigration au thorities. It
observes that they were dismissed in their entirety, because the authorities found that
the author’s account lacked credibility, owing to a number of factual inconsistencies
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15
10/13
See A. v. Denmark, para. 8.6.
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