75. The following formulation was proposed: "... appropriate remedy,including,
if need be, adequate reparation". Reference was also made to paragraph 124 (d)
of the Platform for Action for possible language on rehabilitation.
76. Some delegations suggested that the period of time within which a State
party would inform the Committee about measures taken should be made specific.
A few months was suggested as appropriate.
77. Some delegations pointed out that the question of the justiciability of all
provisions of the Convention would have a bearing on the formulation of this
provision.
Element 14
78. Several delegations expressed their support for the inclusion of an element
on follow-up, and for the intent and formulation of the element. That would be
in accordance with the practice of the Human Rights Committee and the European
system.
79. In order to clarify that the element covered the implementation phase of
the Committee’s views in a case, several delegations proposed the following
formulation: "... concerning implementation of such measures ...".
80. In welcoming the element, it was suggested that element 13 be cast along
similar lines. The need for ongoing dialogue between the Committee and the
State party, and the inclusion of relevant information in the framework of
reporting, were welcomed by several delegations.
Element 15
81. The Chairperson of the Committee on the Elimination of Discrimination
against Women informed the Working Group of an error contained in element 15 to
the effect that it should not refer to a "confidential" report. The element
should thus read:
The Committee would, in its report, summarize the nature of communications
received, its examination of them, the replies and statements of the States
parties concerned and its views and recommendations.
82. On the basis of this clarification, several delegations supported the
element. They emphasized the need to publicize the availability of the
procedure and the work of the Committee, and to disseminate widely the views of
the Committee in order to develop jurisprudence on women’s human rights. The
inclusion of information about the work under the optional protocol in the
Committee’s annual report would also be in line with the practice of other
treaty bodies, which included in their annual reports a summary of cases after
their conclusion and the Committee’s findings.
83. Some delegations proposed that, instead of a summary of the nature of the
communication, the element should use the formulation of article 14.8 of the
International Convention on the Elimination of All Forms of Racial
Discrimination: "The Committee shall include in its annual report a summary of
such communications and ...".
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