Important Reminders

While the subject matter on which a complaint can be based is relatively broad, there are a number of points which must not be overlooked:

• The right(s) of an individual(s) must have been violated
  In essence it must be possible to prove that either (a) the acts or omissions of a State party has negatively impacted on someone’s right(s) as established by the CEDAW Convention or (b) there is a significant threat that this will be the case.  

• The right must be guaranteed by the CEDAW Convention
  The right alleged to have been violated must be protected by the CEDAW Convention. It is important to note, however, that the OP-CEDAW applies not only to those rights specifically contained in Articles 2-16 but also to those not explicitly spelt-out in the convention i.e. rights that are progressively recognised and interpreted by the CEDAW Committee through their General Recommendations and future jurisprudence. For example, General Recommendation 19 recognized violence against women to be a right protected under the CEDAW Convention although it is not explicitly mentioned in the text itself. Furthermore where an act or omission by a State party in another arena has indirectly impacted the enjoyment of a right recognised by the CEDAW Convention (e.g. the curtailment of freedom of movement which is necessary to exercise the right to participation in political life) or has partially violated a right (e.g. the right to be informed of health hazards in the workplace as an aspect of the right safe and healthy working conditions), the OP-CEDAW can also be used.

• The claim must be compatible with the provisions of the CEDAW Convention
  The right which is claimed to have been violated must be within the scope of the CEDAW Convention. Furthermore, the remedy or result sought must not conflict with the spirit and objectives of the convention.

• The claim must be sufficiently substantiated
  Although the Secretariat to the CEDAW Committee (i.e. the Division for the Advancement of Women) can and will ask for further details where a claim is lacking in administrative information, a claim which lacks evidence may be considered inadmissible. To be credible, a claim must detail the specific situation of the individual(s) and the precise nature of the violation. While facts about the general status of women’s rights can support a claim (e.g. health, illiteracy or employment statistics), they must be relevant and be linked to the specific harm experienced or threatened. Typical evidence might include but is not limited to:
  • Details of the victim(s): name, address, date of birth
  • Police, medical, educational records, etc. (where appropriate)
  • Testimony of victim(s)
  • Testimony of witnesses
  • Testimony of community leaders, medical staff, police, etc. (where appropriate)
  • Relevant correspondence
  • Documentary evidence (photographs, video evidence, etc.)
  • Media reports
  • NGO fact-finding reports both specific to the violation and/or relating to women’s human rights generally
  
  
• The claim must not be ‘manifestly ill-founded’
  A communication may be considered manifestly ill-founded if:
  • The right(s) alleged to have been violated is not protected by the CEDAW Convention;
  • If the CEDAW Convention has been incorrectly interpreted; or
  • If the act or omission attributed to the State party does not breach the obligations set out in the convention.

• The communication must not constitute ‘an abuse of the right of submission’

Submitting a communication identical to one which the CEDAW Committee has previously dismissed, will be considered an abuse of the right to submit a communication (although this does not prevent individual victims of the same violation from submitting separate claims). Further abuses would include submitting claims with the intent to harass or defame a State party or individual, or submitting claims with defamatory or insulting language.