CEDAW/C/62/D/53/2013
that she had been reported as a prostitute and therefore they had taken no action
with regard to her case. 12 The State party therefore considered that the author had
not sufficiently substantiated that the national authorities were unable to provide her
with adequate protection and that her claims in that regard should be deemed
inadmissible.
6.4 On 10 March and 18 August 2014, the State party submitted its observations
on the merits of the communication, reiterating that the author had not substantiated
the risk to which she would be subjected if returned to Pakistan. The State party
stated that the Refugee Appeals Board had accepted as facts that she had been
attacked at the beauty salon, at her home and in a taxi, but it considered that she had
not demonstrated that those attacks had been directed against her and that she had
provided no evidence that her removal to Pakistan would expose her to a real,
personal and foreseeable risk of serious forms of gender -based violence.
Author’s additional comments
7.1 On 23 December 2013, the author provided additional comments. She
indicated that she had referred to the Convention in her asylum procedures,
including in the hearing before the Refugee Appeals Board. The State party’s
authorities had considered, however, that they did not have the obligation to protect
women who could be subjected to gender-based violence when returned to their
country of origin. The author therefore welcomed the State party’s submission in
which it accepted that the Convention had an extraterritorial effect in cases
involving the principle of non-refoulement. 13
7.2 The author indicated that she had sufficiently substantiated her case and had
established prima facie evidence that she was a victim of gender -based violence. She
further indicated that burning attacks were a common form of gender -based violence
in some regions of India and Pakistan and that they disproportionately affected
women. She alleged that she had been subjected to such an attack for being a woman
who behaved in a way that was not accepted by some sectors of society. The author
reiterated that her marriage against the will of her parents and her husband’s family
could also be the source of the attacks that she had suffered, but that she could not
provide additional evidence in that regard. Lastly, she considered that being a
Christian woman living on her own and working in a beauty salon also made her
vulnerable to such attacks. In that connection, the author referred to the Office of the
United Nations High Commissioner for Refugees (UNHCR) eligibility guidelines for
assessing the international protection needs of members of religious minorities from
Pakistan, which indicated that violent anti-Christian attacks occurred throughout the
country and that, in many instances, the authorities were unable or unwilling to
protect the lives of Christians or to bring the perpetrators to justice.
7.3 The author further submitted that she had not been able to go to the police
herself after the attacks because she had been in hospital recovering from the burns.
After her release, she had not dared to do so in view of her neighbours’ comment
__________________
12
13
15-21603
The State party refers to the interview given by the author to the Danish Immigration Service on
10 January 2013.
The author refers to the State party’s observations provided on 14 October 2012. The author
also refers to communication No. 33/2011, M.N.N. v. Denmark (see footnote 9 above), and
communication No. 35/2011, M.E.N. v. Denmark, decision of inadmissibility adopted on
26 July 2013.
9/16