CEDAW/C/62/D/53/2013
that the author would be exposed to a real, personal and fore seeable risk of serious
forms of gender-based violence in case of return to Pakistan.
10. In the light of the above findings, the Committee will not examine separately
the author’s allegations under articles 3, 12, 15 and 16 of the Convention.
11. Acting under article 7 (3) of the Optional Protocol to the Convention, and in
the light of all the above considerations, the Committee is of the view that the State
party has failed to fulfil its obligations and has thereby violated the rights of the
author under articles 2 (c) and (d) of the Convention. The Committee therefore
makes the following recommendations to the State party:
(a) Concerning the author of the communication: refrain from forcibly
returning the author to Pakistan, where she would be at real, p ersonal and
foreseeable risk of being subjected to severe forms of gender -based violence, taking
also into account that her husband and two minor children are permanent residents
of Denmark;
(b) In general, and in line with the Committee’s general recomme ndation
No. 32, the Committee requests the State party:
(i)
To take all measures necessary to prevent similar violations in the future;
(ii) To take all measures necessary to ensure that victims of gender -related
forms of persecution who are in need of protection, regardless of their status or
residence, are not returned under any circumstance to any country in which
their life would be at risk or where they might be subjected to gender -based
violence, or to torture or ill-treatment;
(iii) To adopt gender-sensitive procedural safeguards in asylum procedures to
ensure that women asylum seekers are able to present their case on the basis of
equality and non-discrimination. That includes that interviewers use
techniques and procedures that are sensitive to gender, age and other
intersectional grounds of discrimination and disadvantage that compound the
human rights violations that women refugees and asylum seekers experience;
that a supportive interview environment is established so that the claimant can
provide her account, including disclosure of sensitive and personal
information, especially for survivors of trauma, torture and/or ill -treatment and
sexual violence and that sufficient time is allocated for interviews; and that
mechanisms for referral to psychosocial counselling and other support
services, where necessary, both before and after the asylum interview, are
made available;
(iv) To ensure that the threshold for accepting asylum applications is
measured not against the probability but against the reasonable likelihood that
the claimant has a well-founded fear of persecution or that she would be
exposed to persecution on return;
(v) To ensure that, whenever necessary, examiners use all the means at their
disposal to produce the necessary evidence in support of the application,
including by seeking and gathering gender-relevant information from reliable
governmental and non-governmental sources on human rights in the country of
origin and taking all necessary measures in that regard;
15-21603
15/16