Other International Mechanisms

Can a communication that has been or is being considered by another UN forum or international Court be brought before the CEDAW Committee?

As a general rule, if the subject of the communication is the same – i.e. same author(s), same victim(s), similar alleged violations – as that which has previously been examined by the CEDAW Committee or has been/is being examined by a procedure of another international investigation or settlement (e.g. the HRC, CAT, CERD, CRC, the European Court of Human Rights, the Inter-American Court, the Commission on Human Rights, the African Commission on Human and Peoples Rights) it will be deemed inadmissible by the CEDAW Committee.

Not all international procedures constitute “procedures of international investigation or settlement”. For example, a matter which has been brought to the attention of a UN Special Rapporteur is not precluded from being the subject of a communication to the CEDAW Committee. Furthermore, where a grave and systematic violation of women’s human rights has been brought to the attention of the CEDAW Committee through the Inquiry Procedure, there is nothing to preclude a communication being brought by an individual or group of individuals who have been affected by that violation. Similarly, if the case of an individual has been brought before the Inter-American Court of Human Rights, for example, the grave and systemic aspects of this case can still be reviewed by the CEDAW Committee under its Inquiry Procedure.