Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 21
Paragraph- Paragraph text
- The Committee notes that the Convention, as an instrument to prevent discrimination against women, contains no explicit provision on non-refoulement. In the framework of its work on individual communications under the Optional Protocol, the Committee has had to address States parties' objections to the effect that the Committee has no competence to deal with cases submitted on behalf of asylum seekers whose applications have been rejected at the national level but who claim that they would be exposed to the risk of sexual and/or gender-based violence and persecution if forcibly returned to their country of origin. In reply, the Committee has noted, among other things, that, under international human rights law, the non-refoulement principle imposes a duty on States to refrain from returning a person to a jurisdiction in which he or she may face serious violations of human rights, notably arbitrary deprivation of life or torture or other cruel, inhuman or degrading treatment or punishment. In addition, the Committee recalls that civil and political rights and freedoms, including the right to life and the right not to be subjected to torture or ill-treatment, are implicitly covered by the Convention, and thus States parties are under the obligation not to extradite, deport, expel or otherwise remove a person from their territory to the territory of another State where there are substantial grounds for believing that there is a real risk of irreparable harm.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Paragraph type
- Other
- Reference
- CEDAW General Recommendation No. 32, Gender-related dimensions of refugee status, asylum, nationality and statelessness of women (2014), para. 21.
- Paragraph number
- 21
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