CEDAW/C/73/D/86/2015
(a)
Concerning the author of the communication and her daughters:
(i)
Reopen their asylum case, taking into account the Committee’s views;
(ii) Refrain from forcibly returning them to Jordan, where they would be
exposed to a real, personal and foreseeable risk of severe forms of gender-based
violence.
(b)
General:
(i) Take all measures necessary to ensure that victims of gender-based forms
of persecution who are in need of protection, regardless of their status or
residence, are not returned under any circumstance to any country in which their
life would be at risk or where they might be subjected to gender-based violence
or to torture or ill-treatment;
(ii) Ensure that the threshold for accepting asylum applications is measured
not against the probability but against the reasonable likelihood that the claimant
has a well-founded fear of persecution or that she would be exposed to
persecution upon her return;
(iii) Ensure that women asylum seekers have timely information on the
importance of the first interview and what constitutes relevant information in
that context;
(iv) Ensure that, whenever necessary, examiners use all the means at their
disposal to produce and/or verify the necessary evidence in support of the
application, including by seeking and gathering information from reliable
governmental and non-governmental sources on human rights in the country o f
origin, in particular relating to the situation of women and girls, and taking all
necessary measures in that regard;
(v) Ensure, when interpreting all legally recognized grounds for asylum, the
classification of claims for asylum on the basis of gender under the grounds of
membership of a particular social group, where necessary, and consider adding
sex and/or gender and other status to the list of grounds for refugee status in
national asylum legislation;
11. In accordance with article 7 (4) of the Optional Protocol, the State party shall
give due consideration to the views of the Committee, together with its
recommendations, and shall submit to the Committee, within six months, a written
response, including information on any action taken in the light of the views and
recommendations of the Committee. The State party is also requested to publish the
Committee’s views and recommendations and to have them widely disseminated in
order to reach all relevant sectors of society.
19-15427
13/13
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