Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 319
b) Admissibility stage
Who decides? While it is generally the Committee as a whole
which determines whether the communication satisfies the
formal requirements for admissibility, it is possible for it to
establish an internal Working Group (WG) for decisions on
admissibility. 823 For CERD and CEDAW, the WG can only make
recommendations on admissibility. 824
How? The Committee always takes the decision on
admissibility by a simple majority vote. When a Working Group
is established, the systems vary. For the Human Rights
Committee, the WG may take a decision on admissibility only
by unanimous vote, although an inadmissibility decision will
have to be ratified by the Committee as a whole; while for the
Committee against Torture the Working Group can declare a
communication admissibile by majority vote or inadmissible by
unanimity. 825
Communications and Replies: The Committee requests
information of both the complainant and the State Party, fixing
the appropriate time-limits. 826 The HRC requests the concerned
State to provide a written reply to the communication within six
months on the admissibility and merits, unless the Committee
x?symbolno=CRC/C/62/3&Lang=en
(CRC);
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.asp
x?symbolno=HRI/GEN/3/Rev.1/Add.1&Lang=en
(CMW);
http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx
(CRPD);
and
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.asp
x?symbolno=CED/C/1&Lang=en (CED).
823
See, Rules 111-112, CAT Rules of Procedure; Rules 93-98, CCPR
Rules of Procedure.
824
Rule 87, CERD Rules of Procedure; Rule 62, CEDAW Rules of
Procedure.
825
Rules 93-98, CCPR Rules of Procedure; Rules 111-112, CAT Rules
of Procedure.
826
See, Rule 115, CAT Rules of Procedure; Rule 92, CERD Rules of
Procedure.