90. Some delegations raised the question of possible overlapping between an
inquiry procedure and existing mechanisms, especially with the communications
procedure of the Commission and the 1503 procedure. Others noted the
differences in, and complementarity of, these procedures in regard to the
proposed inquiry procedure. They expressed concern about the length of the
process under the 1503 procedure, particularly for violations which needed
immediate action. The intergovernmental character of the Commission’s
communications procedure and of the 1503 procedure on the one hand, and of the
expert character of the proposed inquiry procedure on the other, were noted.
Other delegations emphasized the need to mainstream women’s human rights,
because the human rights of women were not the main focus of other human rights
bodies. Some noted that Charter-based procedures and other treaty-based
procedures were based on different instruments, not on the Convention on the
Elimination of All Forms of Discrimination against Women.
Element 17
91. Regarding the formulation of element 17, several delegations noted that the
threshold for admissibility would need to be both serious and systematic
violations, that is, there would be a high threshold to initiate an inquiry.
Some noted that an inquiry procedure would enable the Committee to deal with
patterns of widespread violations of women’s human rights and allow it to
address a broader range of issues, including structural causes of violations,
than would be the case under the individual procedure. Reliable information
would be required to start the procedure. A few delegations expressed concern
at the optional nature of many aspects of the proposed inquiry procedure,
underlining the need for more active investigation into serious and systematic
violations.
92. Some delegations stated that some provisions of the Convention might lend
themselves more to an inquiry procedure than to an individual complaints
procedure. A more comprehensive discussion of the merits of the inquiry
procedure would thus depend on the development of the communications procedure.
Some delegations noted that the "serious and systematic" criteria would need to
apply both to alleged violations and to alleged failures to comply. Other
delegations found the "failure" category to be redundant. The scope of
element 17 would be considered too broad if it were to be applied to all of the
rights covered by the Convention.
Element 18
93. The question was raised as to what mechanisms would be available in case of
non-cooperation of a State party.
Element 19
94.
The need for including a time-limit was raised.
Element 20
95. Some delegations noted that only the State party concerned would
participate in the inquiry, not "States parties". As to the intention of
confidentiality in this element, it was suggested that, contrary to the
individual communications procedure, those who submitted information leading to
an inquiry procedure would not be involved in its conduct, but that this would
be limited to the Committee and the State party.
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