E/1999/27
E/CN.6/1999/10
“We consider the protocol an historical achievement, because it gives women
an important instrument to exercise their recognized human rights, even if my delegation
would have preferred a stronger optional protocol.
“We are confident that the Committee jurisprudence will be open to a developing
interpretation of the most controversial points, in the light of the practice of other human
rights treaty bodies, and also of the peculiarity of the CEDAW Convention, which
provides for a wider scope of social and cultural human rights than other international
instruments.
“The Italian delegation understands that the formulation groups of individuals
includes NGOs acting on their own capacity and not only on behalf of victims.
“Concerning the cases in which NGOs or other authors will act on behalf of
victims, it is in our expectation that the Committee will adopt a broad interpretation
of the provision enabling them to act without the consent of the victim, and accept a
communication not only when it would be impossible but really difficult for victims
to act personally or to give their consent.
“We cannot forget that wherever women’s rights are seriously violated, women
are detained, or tortured, or at risk of retaliation.
“The Italian delegation understands the term rights under article 2 as referring
to all the substantive provisions set forth in the Convention, also concerning social and
cultural achievements. Therefore we take the view that the Committee will accept a
communication whenever it is related not only to a direct violation but also to a failure
of a State to comply with an obligation set forth in the CEDAW Convention.
“We are aware that the adoption of the protocol is the result not only of the work
of government representatives and legal experts but also of the pressure and
mobilization of NGOs and women’s movements.
“This places a major responsibility on our shoulders, to ensure speedy ratification
of the protocol and effective enforcement of its provisions.
“We are convinced that women’s movements which have worked with us for the
protocol will continue to work to make it a stronger instrument for a full implementation
of women’s human rights.”
Japan
“The delegation of Japan wishes to make interpretative statement on the following
points:
“Article 2:
“The phrase ‘on behalf of’ is interpreted in light of the practices already
established under the rules of procedures of other human rights instruments. It is also
my delegation’s understanding that the term ‘groups of individuals’ is being used so
as to indicate that each individual in a group is identified.
“Article 8:
“An inquiry procedure, which is conducted by the Committee on the Elimination
of Discrimination against Women upon its receipt of reliable information indicating
grave or systematic violations by a State party to this protocol of rights set forth in the
Convention to Eliminate Discrimination against Women, shall not be conducted for
individual and accidental cases.
“Article 11:
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