CEDAW/C/59/D/59/2013
6.3 The Committee notes the author’s allegation that her deportation to China
would constitute a violation by Denmark of her rights under articles 1 to 3 and 5 of
the Convention and general recommendation No. 19, given that States are under an
obligation to refrain from deporting persons who risk gender-based violence. In
substantiation, she explains that the father of her child left with their son and that
she was hit on six occasions during an argument with him when seeking to see the
child. The father refused to allow her see the child and threatened to beat her if they
met again. The author also claims that she is a Christian and that her former employer
forbade her to display religious items at her workplace, where she also lived. The
Committee also takes note of the State party’s argument that the communication
should be declared inadmissible as incompatible with the provisions of the
Convention and manifestly ill-founded and unsubstantiated under article 4 (2)(b)
and (c) of the Optional Protocol.
6.4 In the present case, regarding the author’s claims that she suffered violence at
the hands of the father of their child, that it was impossible for her to see the child,
having been prevented from doing so by the father, and that she was threatened with
beatings if they met again, the Committee notes that, in fact, the author has made no
attempt whatsoever to bring her problems to the attention of the Chinese authorities.
Even taking into account the author’s claims about the persistent stereotypes in
China, that police officers perceive domestic violence issues to constitute a private
matter and that she was not married to the father of her child and is a Christian, the
Committee considers that the author has failed to sufficiently substantiate, for the
purposes of admissibility, her claim that she wo uld not have received adequate
protection in China had she contacted the competent authorities there and would not
have been granted access to or custody of her child. The Committee considers that
the alleged violence inflicted by the author’s former partner in 1998 was sporadic. It
also notes that the author indicates that she last sought to see her child some two to
three years before her departure from China, without providing sufficient
explanation about her failure to seek to see her child or obtain cu stody of him for
such a significant period. In the circumstances, the Committee considers that this
part of the communication is insufficiently substantiated for the purposes of
admissibility and is therefore inadmissible under article 4 (2)(c) of the Opti onal
Protocol.
6.5 As to the author’s claim that it would be impossible for her to exercise her
religious beliefs freely and that she would be unable to display religious items at
her workplace, where she also lived, the Committee notes that, in this context, the
author has failed to substantiate any aspect of gender-based discrimination in her
allegations. The Committee notes the State party’s argument that, in this regard, the
author has invoked a breach of her rights under article 18 of the Internation al
Covenant on Civil and Political Rights, not a breach of her rights under the
Convention. In addition, the Committee considers that the author has not provided
sufficient information in support of her contention regarding the alleged religious based persecution. Accordingly, and in the absence of any further pertinent
information on file, the Committee considers that this part of the communication is
inadmissible as manifestly ill-founded under article 4 (2)(c) of the Optional Protocol.
6.6 In that context, the Committee expresses its concern about the lack of
substantiation in the arguments presented by the counsel for the author. In the
circumstances, the Committee cannot but conclude that the author’s claim that her
removal to China would expose her to a real, personal and foreseeable risk of
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