CEDAW/C/76/D/122/2017 5.10 On the issue of gender-based violence, the Committee expressed concern about: the high prevalence of gender-based violence against women and girls in Italy; the underreporting of gender-based violence against women and the low prosecution and conviction rates, resulting in impunity for the perpetrators; the cumulative impact and intersection of racist, xenophobic and sexist acts against women; and the regional and local disparities in the availability and quality of assistance and protection services, including shelters, for women who are victims of violence, as well as the intersecting forms of discrimination against women from minority groups who are victims of violence. 27 5.11 With regard to trafficking in persons, the Committee noted with concern: the absence of a comprehensive gender-sensitive law on trafficking in persons; the low prosecution and conviction rates; the lack of adequate mechanisms to identify a nd refer victims of trafficking in need of protection; the lack of adequate resources to allow for the effective implementation of the existing protection system, in particular for women migrants, refugees and asylum seekers who are victims or at risk of b eing victims of trafficking; and the lack of systematic rehabilitation and reintegration measures. 28 5.12 Given these concerns, the assumption that the safety of asylum seekers is ensured in Italy must be reversed in the case of the author. The fact that t here is a judicial system is not sufficient, since that system must also be functional. In the present case, there remains a latent risk of dysfunction. By accepting that risk, the State party is failing in its obligations under the Convention. 5.13 With regard to article 3 of the Convention, the author rejects the State party’s arguments concerning the capacity of Italy to provide assistance to asylum seekers who are victims of torture, noting that, according to reports from non -governmental organizations, access to treatment for victims of trauma is virtually non -existent, and that the Committee, in its concluding observations on the seventh periodic report of Italy, expressed concern about the reduction in public funds allocated to health care, which was having a detrimental impact on the health of women, in particular those belonging to disadvantaged and marginalized groups. 29 5.14 As for article 6 of the Convention, the author rejects the State party’s argument that it was up to her to report the sexual violence to which she had been subjected and request the aid of the Italian authorities. In fact, the possibility of so doing is not guaranteed in Italy. The Committee, in its concluding observations on the seventh periodic report of Italy, expressed concern about the difficulties faced by women in claiming their rights owing to legal illiteracy, the costs and length of procedures, insufficient legal aid, gender bias within the judiciary and the lack of reparation. 30 5.15 In view of the foregoing, the author asserts that there is a real risk that she would be subjected to acts of discrimination under the Convention if she were sent back to Italy and concludes that her removal would constitute a violation of articles 2 (d) a nd 6 of the Convention. Issues and proceedings before the Committee Consideration of admissibility 6.1 In accordance with rule 64 of its rules of procedure, the Committee must decide whether the communication is admissible under the Optional Protoc ol. Pursuant to __________________ 27 28 29 30 20-11108 Ibid., Ibid., Ibid., Ibid., para. para. para. para. 27. 29. 41. 17. 13/16