CEDAW/C/59/D/59/2013
degrading treatment. Such rights are protected under the Convention against
Torture, articles 6 and 7 of the International Covenant on Civil and Political Rights
and articles 2 and 3 of the European Convention on Human Rights.
4.10 The State party notes that the author indicates that the basis of her fear of
returning to China is that the father of her child hit her six times in connection with
her wish to have custody of the child, that he married another woman and refused to
allow the author even to see the child and that he thr eatened to hit her if they met
again.
4.11 The State party observes that the child’s father has at no time sought out the
author since taking the child. According to the author’s statement, it was she who
had contacted the child’s father because she wanted custody of the child. Upon his
visit, they had fought. Subsequently, the child’s father had changed his telephone
number and the author had since had no contact with him, apart from once, two or
three years before her departure, when they had met and he had threatened to hit her
if she harassed him again. Therefore, according to the author’s own statement, there
is no question of any risk that the author will be sought out and assaulted by the
child’s father; the author has stated that, if returned, she fears meeting him because
he would probably hit her.
4.12 As to the author’s fear of meeting her child’s father, the State party observes
that the author has met him only once without prior agreement, two or three years
before her departure. She has also stated that he lives in another village and that the
city in which both worked is large. Her assumption that he will hit her should they
meet is based solely on supposition. When they met two or three years before her
departure, he did not hit her. The State party thus finds no basis for considering it
foreseeable that serious gender-based violence would occur were the author returned
to China.
4.13 Regarding the author’s fear of returning to China because she has been
forbidden to display religious icons and pictures at her workplace and her fear that
her religion would place her in an even weaker situation if she were to seek help or
protection from the authorities in relation to her child, the State party first points out
that the author herself has requested that her complaint be considered under the
Convention on the Elimination of All Forms of Discrimination against Women, not
the International Covenant on Civil and Political Rights.
4.14 The State party adds that the author has failed to substantiate how her religion
would place her in a weaker situation if she were to seek help or protection from the
authorities in relation to her child, or how it might otherwise be of significance to
the Committee’s assessment as to whether she would be at risk of ge nder-related
violence or discrimination should she be returned to her country of origin. On the
contrary, the author has constantly maintained that she has had no problems with the
Chinese authorities; she contended that the authorities had had conversatio ns with
the priest or priests of the church without any further action. The author has also
stated throughout the proceedings that it was her employer who had forbidden her to
have religious pictures and objects on view at her workplace, where she also liv ed.
4.15 Concerning access to her son, the author has failed to provide any information
suggesting that her situation would be different if she were issued with a Danish
residence permit as opposed to being returned to China.
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