Stage 3: The initial review

Step 3: (Discretionary): The CEDAW Committee requests the State party to take interim measures regarding the alleged violation(s)

Upon receiving a complaint, Article 5 [Rule 63]* allows the CEDAW Committee, at its discretion, to urge the relevant State party to take interim measures in order to “avoid irreparable damage to the victim or victims of the alleged violation”.

• When are interim measures applicable?
  According to Article 5(1), interim measures can be requested at any time after the receipt of a communication and before the CEDAW Committee has determined the merits of the complaint.

• Implications of interim measures:
  Article 5(2) notes that the request by the CEDAW Committee for a State party to take interim measures shall have no bearing on the determination of admissibility or merits of the communication.

Step 4: The CEDAW Committee submits the communication to the State party

• Once a communication has been deemed admissible, Article 6(1) [Rule 69]* mandates the CEDAW Committee to confidentially submit the communication to the relevant State party. The identity of the complainant will also be submitted to the State party, provided the said complainant has given consent to disclose her identity.

Step 5: The State party provides explanation/clarification of the alleged violation(s)

• Once the State party has received the complaint, Article 6(2) [Rule 69]* allows it to provide, within six months, written explanations or clarifications of the complaint. The State party at this time may also report on any remedies, if any, that have been granted in regard to the complaint for the CEDAW Committee’s consideration.

 

Note: * These refer to the Rules of Procedure.