CEDAW/C/62/D/53/2013
that, even though they had reported her case, the police had not investigated because
she was considered a prostitute.
7.4 On 10 June 2014, the author submitted comments on the merits of the
communication. She referred to the concluding observations of the Committee on
the fourth periodic report of Pakistan (CEDAW/C/PAK/CO/4, para. 21), wherein it
had expressed concern about the persistence of child and forced marriages, “karo kari”, stove burning and acid throwing, marriage in accordance with the Koran,
polygamy and murder in the name of so-called honour. The Committee highlighted
that, notwithstanding the provisions in the Criminal Law Act of 2004 that
criminalized offences in the name of so-called honour, the qisas and diyat
ordinances continued to be applied in those cases, resulting in perpetrators being
given legal concessions and/or being pardoned and not being prosecuted and
punished. The Committee also expressed concern about the insufficient information
regarding the implementation of the standard operating procedures for treating
women who were victims of violence and the scant number of shelters. The author
referred to other sources, according to which, in Pakistan, parents gave precedence
to the honour of the family over the daughters’ right to choose their own husband. 14
7.5 The author argued that the attacks that she suffered, which had been considered
facts by the State party, were aimed directly at her because she was a woman who
behaved contrary to the established gender roles in Pakistan. She therefore considered
that it was impossible to conclude that she would not be subjected to similar acts in
case of return to her country and considered that she would not be able to seek
protection from the Pakistani authorities. The author further contended that the
Refugee Appeals Board had not justified why it had not taken into account that she
was a woman living on her own, with no network in Pakistan.
Issues and proceedings before the Committee
Consideration of admissibility
8.1 In accordance with rule 64 of its rules of procedure, the Committee must
decide whether the communication is admissible under the Optional Protocol.
Pursuant to rule 66, the Committee may decide to examine the admissibility of the
communication together with its merits.
8.2 The Committee notes the author’s claims that her deportation to Pakistan
would constitute a violation by Denmark of articles 1, 2 (c) and (d), 3, 12, 15 and 16
of the Convention. The Committee also notes the State party’s argument that the
Convention has an extraterritorial effect only under exceptional circumstances in
which the person to be returned is at real, personal and foreseeable risk of serious
forms of gender-based violence.
8.3 The Committee recalls its general recommendation No. 28 (2010) on the core
obligations of States parties under article 2 of the Convention, according to which
the obligations of States parties apply without discrimination both to citizens and
non-citizens, including refugees, asylum seekers, migrant workers and stateless
persons, within their territory or effective control, even if not situated within the
territory. States parties are “responsible for all their actions affecting human rights,
regardless of whether the affected persons are in their territories” (para. 12). The
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14
10/16
“Pakistan acid attack parents ‘feared dishonour’”, BBC News, 5 November 2012.
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