Guide to International Human Rights Mechanisms - Brookings

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International Mechanisms | Human Rights Treaty Bodies
of displaced women. 58 The Committee has also asserted in a “General Recommendation” that
special attention be given to the health needs of internally displaced women. 59
For states parties to the Optional Protocol that have not entered a reservation, the Committee is
also empowered to engage outside the context of individual cases and periodic reports where it
receives information about “grave and systematic” violations of the CEDAW. This procedure may
include a country visit, which can generate greater attention at the domestic level. This may be a
particularly appropriate option for large-scale problems of displaced women, such as discriminatory
property inheritance laws or lack of provision of reproductive health services.
Who may submit communications Normally, only an individual or a group of individuals whose
rights have allegedly been violated or their direct representative (such as a lawyer) may submit
a communication. Where justified by exceptional circumstances, another person may submit a
communication without the victim’s express consent where the victim is unable to do so herself.
competence The Committee may only consider violations of the rights provided in the
CEDAW and only concerning states that have ratified the CEDAW. A number of states have
entered reservations to certain rights of the CEDAW, further limiting the Committee’s scope. The
Committee can only consider individual communications concerning states that have ratified the
Optional Protocol to the CEDAW, and can only consider “inquiries” for systemic violations for
parties to the Optional Protocol that have not entered declarations or reservations to the contrary.
(Updated information on ratification, reservations and declarations can be found at: www.un.org/
womenwatch/daw/cedaw/
exhaustion of Domestic remedies The Committee requires exhaustion of domestic remedies
before communications will be admitted, unless those remedies are not reasonably available or
effective or would be overly prolonged.
Duplication of Procedures The Committee will not review any communication involving the
same matter that has been or is being reviewed by another “procedure of international investigation
or settlement.” Based on the practice of the other treaty bodies, this bar will likely not apply to the
Special Procedures, the 1503 procedure (page 51), and other procedures that do not determine
individual claims.
Time issues Only violations occurring (or continuing) after the CEDAW has been ratified and
entered into force for the state in question will be considered. Communications must be submitted
within six months of the final decision of the national authority in the case at issue (in other words,
six months after exhaustion of domestic remedies; see above).
In situations of emergency where “irreparable harm” is imminent, authors of communications may
ask the Committee to request states to take “interim measures” pending final review of the case.
This may be requested at any time up to the point of decision.
58 U.N. Doc. A/50/38 at 87, para. 448.
59 Recommendation No. 24,reprinted in HRI/GEN/1/Rev.4 at 195, para. 6.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 12