The State

Against whom can a communication be brought?

The Communications Procedure is a mechanism for individuals to access redress from a State party which, by virtue of an act or an omission, has failed protect or guarantee rights outlined in the CEDAW Convention. Therefore:

• Individual complaints under the OP-CEDAW can only be brought against a State. This means that a clear link between the alleged violations of the CEDAW Convention set forth in a communication and the responsibility of the State for those violations must be made in every submission.

• Communications submitted to the CEDAW Committee therefore, can only be brought against States parties to both the CEDAW Convention and its Optional Protocol. Click here for latest list of States parties to the OP-CEDAW.

• The OP-CEDAW must either (a) have been in force within the States party at the time when the violation(s) occurred; or (b) the violation(s), although occurring before the advent of the Optional Protocol within the State, constitute on-going violations, the interconnected effects of which continue after the Optional Protocol came into effect.

• In addition to the above, it is useful also to remember that a State party to the OP-CEDAW has certain obligations under this treaty. For more information click here.

 

Jurisdiction | Reservations | Domestic Remedies