CEDAW/C/64/D/67/2014
communication involving a belated legal remedy in which the Committee rejected
the communication as inadmissible for non-exhaustion of domestic remedies. 34
4.13 The State party submitted further that domestic remedies have not been
exhausted also because the author voluntarily agreed to a settlement: after receiving
part of the damages sought, the author agreed with the Federal Minister of the
Interior, as the highest police organ, to conclude the proceedings without a court
decision. The author cannot therefore assert before the Committee legal violations
because of events in respect of which a comprehensive settlement has alrea dy been
reached by her at the national level. The author did not submit any circumstances to
the effect that the settlement was invalid.
4.14 With regard to the undercover investigation before 19 February 2007, the State
party submits that the author was informed of the undercover investigation
preceding the official act of 19 February 2007 on the day of the official act and
could thereafter have filed a complaint with the Independent Administrative Panel
within the prescribed period of six weeks. The applicant expressly noted in the
national proceedings that she was aware of the undercover investigation on
19 February 2007.
4.15 Domestic remedies have also not been exhausted with regard to the
transmission of data by the Lower Austrian Criminal Investigation Department to
the Tax Office challenged by the author. The complaint filed with the Constitutional
Court against the negative decision of the Data Protection Commission of
6 September 2013 is pending. The State party maintained that, if a communication
is filed with the Committee before the exhaustion of all domestic remedies, the
communication should be declared inadmissible. 35
4.16 The State party submitted that, moreover, domestic remedies have not been
exhausted because the author has not suitably substantiated the violation of rights
under the Convention now alleged before the Committee in the national
proceedings. It is a prerequisite for the admissibility of a communication that the
author must have raised in substance at the national level the cla im of a violation of
rights under the Convention. 36 Since the subject matter of the Convention is the
elimination of discrimination against women, the author would have had to claim, in
a suitable manner, discrimination based on her gender in the domestic p roceedings.
However, the author did not raise any such claims in a suitable manner. In her
complaint about the official act of 19 February 2007 with the Independent
Administrative Panel, the author did not allege that she had been discriminated
against as a woman by the conduct of the authorities or by laws of Austria. Her
complaint of a violation of other rights without referring to a specific act of
discrimination as a woman is not a suitable discrimination claim within the meaning
of the Optional Protocol. 37 The discrimination claim in her complaints with the
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34
35
36
37
14/20
See B.-J. v. Germany (note 32 above), decision of inadmissibility of 14 July 2004, para . 8.6.
Communication No. 15/2007, Zheng v. the Netherlands, views adopted on 27 October 2008,
para. 7.3; see also Human Rights Committee, communication No. 942/2000, Jonassen and others
v. Norway, decision of admissibility adopted on 25 October 2002, para. 8.6.
See Zheng v. Netherlands, (note 35 above) para. 7.3; see also communications No. 11/2006,
Salgado v. the United Kingdom, decision of admissibility adopted on 22 January 2007, para. 8.5,
and No. 5/2005, Goekce v. Austria, views adopted on 6 August 2007, para. 7.2.
Communication No. 8/2005, Kayhan v. Turkey, decision of inadmissibility adopted on 27 January
2006, paras. 7.6 and 7.7.
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