E/1999/27
E/CN.6/1999/10
“1. As regards article 2, it is our understanding that, when communications are
submitted ‘on behalf of individuals or groups of individuals’, a broad-based approach
will be taken in determining who will be entitled to submit such communications, in
order to ensure effective access to justice;
“2. With respect to the question of consent, referred to in the second part of
article 2, we assume that the personal, social and cultural conditions of women who
have suffered the alleged violation of their rights will be taken into account;
“3. We take it that the term ‘violation’ in the first sentence of article 2 refers
to omissions as well as acts of the State party. The same interpretation holds true for
article 8;
“4. In article 4, the rule of exhaustion of domestic remedies will be understood
as being of benefit to States and accordingly may be waived.
“We wish to emphasize the importance of incorporating the inquiry procedure
in the optional protocol. The existence of such a procedure in the Inter-American system
is proving its worth as a form of collaboration with States in the fulfilment of their
international obligations.
“We end by stating that the efforts undertaken during the past few years with a
view to the adoption of the optional protocol reflect the commitment of our States to
improving the status of women and eliminating all forms of discrimination.”
Denmark (also on behalf of Finland, Iceland and Norway)
“I speak on behalf of Finland, Norway, Iceland and Denmark. While fully
associating ourselves with the statement made by the Presidency of the European Union,
we would like to offer the following additional interpretative observations to the
protocol that we have adopted today.
“From the outset of the negotiations three years ago, we have strongly supported
the idea of giving NGOs a separate standing in the protocol, by including a reference
to the NGOs in article 2, and allowing for the possibility that they in their own right
could bring a communication to the attention of the Committee. While accepting that
it was not possible to agree on this proposal, we nevertheless take comfort in the
wording found in article 2, ‘groups of individuals’ which we take to mean that NGOs
alleging to be victims of a violation can bring a communication to the attention of the
Committee.
“Another issue that to our delegations has been of the utmost importance, has been
the retention of the word ‘provisions’ in article 2 of the protocol. We take this to mean
that the communication procedure as well as the inquiry procedure will encompass the
full Convention, and that the Committee will accept communications concerning each
and every substantive provision set forth in the Convention.
“We have taken great comfort in the converging statements to the effect that the
word ‘rights’ in the text be interpreted in accordance with established practice from
other human rights instruments and encompass the full Convention. In this connection,
we should in particular like to refer to the CERD Convention, article 14, and the
practice of the CERD Committee. It is therefore our expectation that the CEDAW
Committee when entertaining a communication or embarking on an inquiry procedure
will uphold this broad and generally accepted interpretation. Only in so far as the
Committee accepts the principle that obligations of the State confer rights on individuals
and groups of individuals will the Committee be an effective instrument in the
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