CERD/C/112/D/74/2021 or her State of origin; evidence as to the credibility of the complainant; and the general veracity of his or her allegations.15 4.5 The State party points out that, in relation to article 6 of the International Covenant on Civil and Political Rights, the Human Rights Committee has referred to the obligation of States parties not to expel a person from their territory if there are substantial grounds to believe that there is a real risk of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant.16 The risk must be personal and important weight should be given to the assessment conducted by the State party, which is responsible for evaluating facts and evidence in a particular case, unless it can be ascertained that the evaluation was clearly arbitrary or amounted to a denial of justice. 17 The State party also points to the position of the Committee on the Elimination of Discrimination against Women with regard to the asylum process, which is that States parties have an obligation to ensure that no woman will be expelled or returned to another State where her life, physical integrity, liberty and security of person would be threatened, or where she would risk suffering serious forms of discrimination, including serious forms of gender-based persecution or gender-based violence.18 That Committee has also established that it is for the authorities of States parties to evaluate the facts and evidence and the application of national law in a particular case, unless it can be established that the evaluation was conducted in a manner that was biased or based on gender stereotypes that constitute discrimination against women, was clearly arbitrary or amounted to a denial of justice.19 4.6 The State party maintains that, in accordance with the principle of the subsidiarity of international protection in relation to national protection under the Convention relating to the Status of Refugees, the petitioner in a communication must first seek the protection of the country of his or her nationality. National protection is considered adequate when the person concerned has access to effective protection mechanisms in that country and can reasonably be expected to make use of the national protection system.20 4.7 The State party highlights the many initiatives taken in North Macedonia with regard to rape, which is criminalized there and carries a sentence of between 1 and 10 years’ imprisonment. It highlights the fact that, in December 2017, North Macedonia ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)21 and subsequently adopted a new definition of rape in the Criminal Code, took measures to produce guidance for victims of sexual violence and, in 2018, established mechanisms to combat violence against women and facilities for the care of victims of such violence.22 4.8 The State Party is of the view that North Macedonia is a safe State within the meaning of article 6a (2) (a) of the Asylum Act, as confirmed in 2023 by the Federal Council. North Macedonia is also on the European Commission’s list of safe States. On 25 March 2020, the European Union agreed to open accession negotiations with North Macedonia, meaning that this State meets the Copenhagen criteria for stable institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. 23 4.9 The State party indicates that, for the protection of their fundamental rights, Macedonians/citizens of the Republic of North Macedonia, including members of ethnic 15 16 17 18 19 20 21 22 23 6 Committee against Torture, general comment No. 4 (2017), para. 49. See Human Rights Committee, general comment No. 31 (2004). X v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18. See Committee on the Elimination of Discrimination against Women, general recommendation No. 32 (2014). S.F.A. and H.H.M. v. Denmark (CEDAW/C/69/D/85/2015), para. 9.7; A.S. v. Denmark (CEDAW/C/69/D/80/2015), para. 8.7; S.J.A. v. Denmark (CEDAW/C/68/D/79/2014), para. 7.8; N.M. v. Denmark (CEDAW/C/67/D/78/2014), para. 8.6; A.M. v. Denmark (CEDAW/C/67/D/77/2014), para. 8.4; and F.F.M. v. Denmark (CEDAW/C/67/D/70/2014). Convention relating to the Status of Refugees, art. 1, para. A (2). This convention entered into force for North Macedonia on 1 July 2018. Women Against Violence Europe, “Mapping of Sexual Violence Services in the Western Balkans and Turkey – Executive Summary”, September 2019, p. 20. See European Commission, North Macedonia 2020 Report, working paper, 6 October 2020. GE.24-07887