CEDAW/C/60/D/51/2013
that they were or would have been unable or unwilling to provide her with
protection against the organized crime elements.
8.9 The Committee further takes note of the author’s claim that she is a victim of
gender-based discrimination with regard to the right to access to justice, given that
more female asylum seekers than male asylum seekers are denied asylum under the
“manifestly unfounded” procedure by the State party’s authorities. The Committee
also takes note of the author ’s claim that, as a victim of gender-based violence, her
detention in a Danish prison for several months without access to treatment for the
trauma that she suffered amounts to a violation of the Convention by the State party
and that the State party has a duty to provide effective remedies with due diligence
to victims of gender-based violence, as well as access to adequate treatment and
reparations. The Committee recalls that, as stated in its general recommendation
No. 32 on the gender-related dimensions of refugee status, asylum, nationality and
statelessness of women, articles 1 to 3, 5 (a) and 15 of the Convention establish an
obligation upon States parties to ensure that women are not d iscriminated against
during the entire asylum process, beginning from the moment of arrival at the
borders. Women asylum seekers are entitled to have their rights under the
Convention respected; they are entitled to be treated in a non -discriminatory manner
and with respect and dignity at all times during the asylum procedure (para. 24). The
Committee also recalls that a gender-sensitive approach should be applied at every
stage of the asylum process and that women asylum seekers whose asylum
applications are denied should be granted dignified and non-discriminatory return
processes (paras. 24-25). Lastly, the Committee notes that the author, who is
represented by counsel, has not informed it of her whereabouts and whether she has
been deported to China. In the above circumstances and in the absence of any other
pertinent information on file, the Committee considers that the author has not
substantiated her claim of gender-based discrimination in terms of access to justice
and that she has also failed to sufficiently substantiate, for purposes of admissibility,
the claim that her removal from Denmark to China would expose her to a real,
personal and foreseeable risk of serious form of gender-based violence. The
Committee notes that, under article 4 (2) (c) of the Optional Protocol, it must
declare a communication inadmissible where it is not sufficiently substantiated.
Accordingly, the Committee concludes that the present communication is
inadmissible under article 4 (2) (c) of the Optional Protocol.
9.
The Committee therefore decides:
(a) That the communication is inadmissible under article 4 (2) (c) of the
Optional Protocol;
(b)
author.
15-05832
That this decision shall be communicated to the State party and to the
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