CEDAW/C/59/D/49/2013
to a denial of justice. The arguments and documents submitted by the author cannot
support a conclusion that the decisions taken at the national level suffered from any
such defects. The State party further notes that the reports by human rights bodies
about generalized violence in Mexico, to which the author refers in her
communication, were presented to and duly evaluated by the pre -removal risk
assessment officer.
4.10 The State party submits that the author has not provided sufficient evidence to
establish that the risk of domestic violence upon return rises to the level of risk of
persecution, risk to life or risk of torture or of cruel or unusual treatment or
punishment and that Mexico would be unwilling or unable to protect her in the face
of such a risk. The State party also submits that the author has not shown that she
cannot live safely in other parts of Mexico if faced with a risk of domestic violence
in Morelos and that the hardship resulting from relocation would amount to a human
rights violation that is sufficiently severe to justify the application of th e
Convention, should the Committee take the view that it contains an obligation of
non-refoulement. 6 The State party considers that the author’s allegations should be
declared inadmissible, given that they are manifestly ill -founded and not sufficiently
substantiated.
4.11 The State party observes that the violations alleged by the author appear to
also pertain to the State party’s discriminatory treatment of female refugees
claiming gender-based violence. In this regard, the State party submits that it do es
not discriminate against women submitting claims based on gender-based violence
and rejects as unfounded any suggestion by the author regarding systematic
discrimination against women in its immigration system. Furthermore, the State
party submits that the author has never presented evidence in respect of such claims.
The author has also failed to demonstrate that the lack of a real risk of domestic
violence thanks to the existence of an internal flight initiative was in any way the
result of systemic or case-specific discrimination by the authorities. The State party
considers, to the contrary, that the appropriate laws, policies and practices were
strictly followed in the author’s case, such that the author was treated fairly, justly
and without discrimination. The State party concludes that the author’s
communication, to the extent that it claims discrimination within the Canadian
immigration system, is inadmissible pursuant to article 4 (1) of the Optional
Protocol for failure to exhaust domestic remedies. It also considers that this aspect
of the communication is inadmissible for being manifestly ill -founded or not
sufficiently substantiated.
Author’s comments on State party’s observations on admissibility
5.1 On 7 July 2013, the author submitted her comments on the State party’s
observations on admissibility. She maintains that the State party has an obligation of
non-refoulement under the Convention and that it bears responsibility for the direct
and foreseeable consequences of its actions, namely her potential removal to
Mexico. The author reiterates that the Committee has confirmed the existence of
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6
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The State party refers to the following communications submitted to the Committee against
Torture in which it expressed the view that resettlement to another part of a country, although
causing hardship, did not amount to torture: communication No. 183/2001, B.S.S. v. Canada,
views adopted on 12 May 2004, para. 11.5, and communication No. 245/2004, S.S.S. v. Canada,
decision adopted on 16 November 2005, para. 8.5.
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