CEDAW/C/57/D/39/2012 non-governmental organizations would be extremely limited. In particular, as to the State party’s argument that the National Centre has five shelters for victims of domestic violence, the author points out that only a dozen women can live there at a time, whereas the number of women in need of shelter is considerably higher. Furthermore, shelters can offer only protection of limited duration, which is not effective because the women are exposed to danger once they leave. 31 5.11 The author therefore reiterates that she was a victim of gender-based discrimination in Mongolia. She states that, in the light of her individual circumstances and the situation in Mongolia, she was unable to receive effective protection in her country of origin and would be highly unlikely to obtain it were she to return there. The author stresses that no alternative effective protection is available to her. Consequently, the State party’s denial of her asylum application amounts to a violation of the Convention. Issues and proceedings before the Committee concerning admissibility 6.1 In accordance with rule 64 of its rules of procedure, the Committee must decide whether the communication is admissible under the Optional Protocol. Pursuant to rule 66, the Committee may examine the admissibility of the communication separately from the merits. 6.2 In accordance with article 4 (2)(a) of the Optional Protocol, the Committee is satisfied that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 6.3 The Committee takes note of the author ’s claim that, by denying her asylum application, the State party failed to protect her, in violation of articles 1, 2 (e), 3 and 6 of the Convention, from sex-based violence, sexual slavery and physical abuse by Mr. L., her former employer in Mongolia. The Committee further takes note of the State party’s allegation that the author failed to raise the sex-based discrimination claim in substance in the course of the asylum proceedings before the authorities or courts of the Netherlands, given that she argued only that her removal would be in contravention of the non-refoulement principle. The Committee recalls that, under article 4 (1) of the Optional Protocol, authors must use all available domestic remedies. It also recalls its jurisprudence, according to which the author must have raised in substance at the domestic level the claim that she wishes to __________________ 31 14-26326 Reference is made to the 2010 country report on human rights practices in Mongolia, prepared by the United States Department of State, which reads as follows (the author underlined the first, fourth and fifth sentences): The NCAV reported that of 18 clients requesting restraining orders, only two of the requests were granted. Moreover, the law fails to assign responsibility to particular agencies to execute restraining orders. The Mongolian Women’s Legal Association reported that, as a result, restraining orders were poorly monitored and enforced. The law states restraining orders can be in effect only as long as the victims are in a shelter, thus exposing them to danger upon their release. The NCAV stated that in the first six months of the year, it provided temporary shelter to 237 persons at its six locations and provided psychological counselling to more than 1,300 individuals. The NCAV launched domestic violence prevention campaigns without governmental support. State and local governments financially supported the NCAV in providing services to domestic violence victims. In total the Ministry of Social Welfare and Labor (MSWL) provided 14.3 million tugrik ($10,270) in the first nine months of the year to assist victims of domestic violence. 13/16