was emphasized that such a visit would only take place with the agreement of the
State party. The question of the resource implication of such a provision was
also raised.
69. With regard to the examination of the communication by the Committee, and
in relation to suggestions made by some delegations under element 11 that the
State party be present, several delegations emphasized that, in both cases the
procedure should be of a written nature and without the presence of the State
party. Some delegations stated that, while in principle this should be a
written procedure, the Committee should have the power to conduct oral hearings
with both parties. The possibility of oral testimony should also not be
excluded.
70. It was stated that the use of the term "adopt" in this element was
inappropriate.
Element 13
71. Some delegations welcomed the addition of the element, especially with
regard to reparations. Its inclusion would provide an opportunity, as was the
case with certain other elements, for the progressive development and
strengthening of international human rights law. Some delegations noted the
consistency of the element with the practice of human rights treaty bodies. The
well-established practice of the Committee on the Elimination of Discrimination
against Women to adopt recommendations at the conclusion of the consideration of
States parties’ reports was noted. Reference was also made to General Assembly
resolution 41/120, establishing the principle that new international human
rights instruments must be consistent with the existing body of international
human rights law and may not fall behind existing standards. Some delegations
emphasized the importance of the Committee’s ability to make recommendations on
steps necessary to implement the Convention.
72. Some delegations noted that there was no precedent for a provision on the
recommendation of remedial measures in cases of non-compliance with treaty
provisions in other human rights instruments. At the same time, delegations
agreed that the Committee was not a judicial body, and thus its views were of a
recommendatory, albeit authoritative, character. It was emphasized that the
States parties to the Convention on the Elimination of All Forms of
Discrimination against Women already had the legal responsibility to remedy any
violations of the Convention. Some delegations stated that it should be left to
the States parties to determine the appropriateness of the remedial measures.
Others doubted that the Committee should have the power to order a State party
to take specific remedial measures.
73. Some delegations noted that the intention of the element would be that the
State party take the necessary steps to give effect to its obligations under the
Convention, that is, that action be taken by the State party at the national
level. Several delegations suggested that the element should be drafted in a
way to suggest dialogue, rather than judgement.
74. Several delegations identified a lack of clarity in the use of the term
"adequate reparation", including clarity as to who would make the determination.
Some proposed the deletion of this term. Information on the understanding of
the term "reparation" was provided based on a study conducted by an expert of
the Subcommission on Prevention of Discrimination and Protection of Minorities
of the Commission on Human Rights.
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