CEDAW/C/68/D/91/2015
refused to investigate the complaint and that, consequently, no specific measures
were taken to protect the author against the threats that she received.
6.4 The Committee further notes the author ’s submission that punishment for
death threats has a two-year statute of limitations from the date on which the threats
were made. The statute of limitations for the events in question therefore expired in
February 2015 and any attempt to bring the perpetrator to justice beyond that date is
therefore time-barred.
6.5 Lastly, the Committee notes that the State party provides no explanation as to
how domestic remedies would have been effective in securing the rights of the
author, given the consistent absence of any further measures to protect those rights.
The Committee therefore concludes that, in the present case, the domestic remedies
referred to by the State party would be unlikely to bring effective relief.
Accordingly, the Committee is not precluded, by virtue of the requirements of
article 4 (1) of the Optional Protocol, from considering the present communication
as raising issues under articles 1, 2 (b)–(g), 3 and 5 (a) of the Convention.
Consideration of the merits
7.1 The Committee has considered the present communication in the light of all
the information made available to it by the author and by the State party, as
provided for in article 7 (1) of the Optional Protocol.
7.2 With regard to the submission of the author that the decisions of the authorities
were based on gender stereotypes, in violation of article 5 of the Convention, the
Committee reaffirms that the Convention places obligations on all State organs and
that States parties can be responsible for judicial decisions that violate provisions of
the Convention. 7 The Committee also emphasizes that the full implementation of the
Convention requires States parties not only to take steps to eliminate direct and
indirect discrimination and improve the de facto position of women, but also to
modify and transform gender stereotypes and eliminate wrongful gender
stereotyping, a root cause and consequence of discrimination against women. 8
Gender stereotypes are perpetuated through various means and institutions,
including laws and legal systems, and can be perpetuated by State actors in all
branches and at all levels of government and by private actors. 9
7.3 The Committee recalls that, in accordance with paragraph 6 of its general
recommendation No. 19, discrimination within the meaning of article 1 of the
Convention encompasses gender-based violence against women. Such
discrimination is not restricted to action by or on behalf of States parties. Rather,
under article 2 (e) of the Convention, States parties may also be responsible for
private acts, if they fail to act with due diligence to prevent violations of rights or to
investigate and punish acts of violence, and for providing compensation (see para. 9 (a)
below). This has been reaffirmed by the Committee in paragraph 24 of its general
recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, and in its jurisprudence. 10
7.4 The Committee takes note of the argument of the State party that, because K.
was not a member of the author ’s family at the time of the alleged violence, her
claim that she was a victim of domestic violence is unsubstantiated. The Committee
__________________
7
8
9
10
17-21669
See V.K. v. Bulgaria (CEDAW/C/49/D/20/2008), para. 9.11, and L.R. v. Republic of Moldova,
para. 13.6.
See Belousova v. Kazakhstan (CEDAW/C/61/D/45/2012), para. 10.10.
See R.K.B. v. Turkey (CEDAW/C/51/D/28/2010), para. 8.8.
See also Goekce v. Austria (CEDAW/C/39/D/5/2005) and Yildirim v. Austria
(CEDAW/C/39/D/6/2005).
9/12