Q:
What kinds of violations can be addressed through the Inquiry
Procedure?
A: The CEDAW Committee can initiate an inquiry into "grave
or systematic" violations. The term grave implies a severe
violation closely related to the integrity and security of person,
such as torture, forced disappearance, or killing. A single
violation can be grave and a single act can violate more than
one right. The term systematic implies that the violations are
part of a consistent pattern, are widespread, or are committed
as part of a scheme or policy.
Q. What is necessary to trigger the Inquiry Procedure?
A: The CEDAW Committee must receive "reliable" information
that grave or systematic violations are taking place. The term
"reliable" means that the CEDAW Committee must find
the information to be credible. It can assess the reliability
of information in light of such factors as: its specificity;
whether it is internally consistent and consistent with information
about the situation available for other sources; whether there
is corroborating evidence; whether the source has a record of
credibility in fact-finding and reporting; and, in the case
of media sources of information, whether they are independent
and non-partisan. There are no restrictions regarding the sources
of such information or the format in which it may be received.
Q: Is the Special Rapporteur on Violence Against Women permitted
to share information with the CEDAW Committee in order to trigger
an inquiry?
A: Yes. Neither the OP-CEDAW (Article 8) nor the Rules of Procedure
limit the sources of information. Potential sources of information
include women's organisations and other NGOs, other UN bodies
or experts, regional human rights bodies or experts, press accounts,
or agencies and organisations working with refugees and internally
displaced persons. The CEDAW Committee's rules of procedure
provide that it may request additional information that substantiates
the facts.
Q: What does the working group do during an on-site visit?
A: During an on-site visit the working group may conduct hearings
to review the facts at which victims, witnesses and others can
testify. It can meet with government officials, NGOs representatives,
victims, and witnesses and it can visit specific institutions
or locations.
Q: Does the CEDAW Committee need the consent of the State
in order to initiate an inquiry procedure?
A: No, the CEDAW Committee can conduct an inquiry without the
consent of the States party. However, the CEDAW Committee must
have the State's consent in order to make an on-site visit or
hold hearings during an on-site visit.
Q: Can the media be informed that an Inquiry Procedure is
underway?
A: Inquiries must be conducted confidentially. This means that
the CEDAW Committee, other UN bodies or representatives, NGOs
that submitted information in order to trigger an inquiry and
the State Party must not inform the media while an inquiry is
taking place. However, the CEDAW Committee will make its findings
and recommendations public once the inquiry is concluded. The
findings and recommendations will also be published in its annual
CEDAW report.
Q. What is the outcome of an Inquiry Procedure?
A: The CEDAW Committee issues findings and recommendations.
The findings analyse whether the facts point to violations of
the CEDAW Convention. The recommendations identify actions to
be taken by the States party to stop ongoing violations and
prevent similar violations in the future. These may include
legal, administrative or educational measures, and related budgetary
allocations.
Q: What follow-up measures does the CEDAW Committee take
after it makes recommendations?
A: The CEDAW Committee can ask the States party to include in
its periodic report under CEDAW-specific information about steps
taken in response to the inquiry. Six months after transmitting
its findings and recommendations, the CEDAW Committee can ask
the States party to inform it of steps taken in response.
Q: What is the 'opt-out' clause?
A: This clause allows a State to declare, at the time it signs,
ratifies or accedes to the OP-CEDAW, that it does not recognise
the authority of the CEDAW Committee to carry out the Inquiry
Procedure. A States party can not opt-out from the Communications
Procedure.
