CEDAW/C/59/D/59/2013
regarding her religion. The author’s employer had forbidden her to have religious
pictures and objects on view at her workplace, where the author also lived.
4.4 The Board found that, although the author had had to exercise her religion
discreetly, she could not be considered to be specifically and individually persecuted
by the Chinese authorities on religious grounds. It also found that the background
information describing the conditions for Catholics in Fujian Province in general
terms could not give rise to the conclusion that the author must be considered to be
at risk of being subjected to persecution justifying asylum for the purposes of
section 7 (1) of the Aliens Act if returned to China.
4.5 In its overall assessment, the Board took into consideration the fact that the
author’s departure had not been caused by a specific situation, but that, according to
her, she had felt under pressure from her former partner and the lack of contact with
her own family, as well as from her situation in terms of work, home and religion.
The Board also took into consideration the fact that the author had spent four or five
months in Denmark before applying for asylum and did so only when the police
found her.
4.6 The State party further provides a comprehensive description of the
organization, composition, duties, prerogatives and jurisdiction of the Board and the
guarantees for asylum seekers, including legal representation, the pr esence of an
interpreter and the possibility for an asylum seeker to make a statement on appeal. It
also notes that the Board has a comprehensive collection of general background
material on the situation in the countries from which Denmark receives asylum
seekers, updated and supplemented on a continuous basis from various recognized
sources, and it takes it into consideration when assessing cases.
4.7 Regarding the admissibility of the communication, the State party observes
that the author submitted that, if returned to China, she would be subjected to
gender-based violence because her former partner had hit her when she had sought
to see their child, had refused to allow her even to see the child and had threatened
to hit her if they met again. The author admits not having sought protection from the
authorities because, in her place of origin, it was normal for men to hit women.
Furthermore, she submitted that having to exercise her religion discreetly was a
breach of article 18 of the International Covenant on Civil and Political Rights.
4.8 The State party considers, first, that the communication is inadmissible as
manifestly ill-founded and insufficiently substantiated under article 4 (2)(c) of the
Optional Protocol. It notes that the author seeks to a pply the obligations under the
Convention in an extraterritorial manner. With reference to the Committee’s
decision in communication No. 33/2011, M.N.N. v. Denmark, the State party notes
that from the Committee’s reasoning it appears that the Convention ha s
extraterritorial effect only when the woman being returned will be exposed to a real,
personal and foreseeable risk of serious forms of gender-based violence. It is,
moreover, a requirement that the necessary and foreseeable consequence is that the
woman’s rights under the Convention will be violated in another jurisdiction.
4.9 In the State party’s view, this means that acts of States parties that may have
an indirect effect on a person’s rights under the Convention in other States can entail
responsibility for the acting State party (extraterritorial effect) only under
exceptional circumstances in which the person to be returned is at risk of being
deprived of the right to life or of being exposed to torture or other inhuman or
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