CEDAW/C/38/D/10/2005 for reconsideration of her case on humanitarian grounds. She also argues that she has availed herself of two extraordinary remedies, namely two letters she sent to the Prime Minister and Her Majesty the Queen respectively, asking for a grant of discretionary leave on humanitarian grounds. 5.3 The author acknowledges that she applied to the European Court of Human Rights under article 3 (prohibition of torture) and article 8 (right to respect for private and family life) but maintains that her application was dismissed because at the time, she had informed the Court that she was awaiting the decision from the Home Office on her application for “discretionary leave” or “temporary protection”. She also maintains that her complaint is not the same matter that has been examined under the European Court of Human Rights. 5.4 The author submitted a copy of the decision of the European Court of Human Rights which reads: “In the light of all the material in its possession, and in so far as the matters complained of were within its competence, the Court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols”. 5.5 The author submits that her communication is sufficiently substantiated and not illfounded. Additional comments of the State party on admissibility 6. By its submission of 11 September 2006, the State party stated that it did not intend to submit further comments on the author’s submission. Issues and proceedings before the Committee concerning admissibility 7.1 In accordance with rule 64 of its rules of procedure, the Committee shall decide whether the communication is admissible or inadmissible under the Optional Protocol. 7.2 In accordance with rule 66 of its rules of procedure, the Committee may decide to consider the question of admissibility and merits of a communication separately. 7.3 The Committee considers that the communication submitted by the author raise the issue of the situation in which women who have fled their country because of fear of domestic violence often find themselves. It recalls that in its General Recommendation No. 19 on violence against women, the Committee states that the definition of discrimination against women in article 1 of the Convention includes gender-based violence, i.e. violence that is directed against a woman because she is a woman or that affects women disproportionately. It notes the State party’s challenge to the admissibility of the author’s claim under article 4, paragraph 1, of the Optional Protocol because the author did not avail herself of the possibility of seeking permission to apply for a judicial review by the High Court of the refusal to grant her discretionary leave to remain in the country on humanitarian grounds. In this regard, the Committee notes that the State party 07-37948 7