Procedure under the Optional

Protocol to the Convention on

the Elimination of All Forms of
Discrimination against Women
- Entered into force in 1981 with no provisions regarding
the individual communication.

-Individual complaint mechanism (CEDAW Protocol) was

adopted in 1999
Inquiry Procedure
I. The procedure may be initiated if the Committee receives reliable
information indicating that the rights contained in the Convention it
monitors are being systematically violated by the State party.

II.The Committee invites the State party to co-operate in the examination of

the information by submitting observations.

III. The Committee may, on the basis of the State party's observations and
other relevant information available to it, decide to designate one or more
of its members to conduct an inquiry and report urgently to the Committee.
Where warranted and with the consent of the State party concerned, an
inquiry may include a visit to its territory.
Inquiry Procedure
IV. The findings of the member(s) are then examined by the Committee
and transmitted to the State party together with any comments and
recommendations.

V. The State party is requested to submit its own observations on the

Committee's findings, comments and recommendations within a
specific time frame (usually six months) and, where invited by the
Committee, to inform it of the measures taken in response to the
inquiry.

VI. The inquiry procedure is confidential and the cooperation of the

State party shall be sought at all stages of the proceedings.
 Who can complain?
• That State who is party to the treaty in question (through ratification or
accession) providing for the rights which have allegedly been violated;

• That State who is party to the treaty in question and has accepted the
Committee’s competence to examine individual complaints, either through
ratification or accession to an Optional Protocol (in the case of ICCPR, CEDAW,
CRPD, ICESCR and CRC)

• By individuals or groups of individuals, under the jurisdiction of a State party,

claiming to be victims of a violation of any of the rights set forth in the
Convention by that State party; or

• On behalf of individuals or groups of individuals, with their consent, unless it can

be shown why that consent was not received.
Inquiry Procedure:
• The Committee may, through the Secretary-General, invite a State
party that has been the subject of an inquiry to include, in its report
details of any measures taken in response to the Committee’s
findings, comments and recommendations.

• The Committee may, after the end of the period of six months
referred to in invite the State party concerned, through the Secretary
General, to inform it of any measures taken in response to an inquiry.
 Complaints Procedure and Format of the
Communication (Individual and State complaint)
Articles 2, 3 and 4 of the OP-CEDAW
Admissibility of Complaint:

• Exhaustion of domestic remedies. The Committee’s communications

procedures provide that a complaint should have exhausted all
available domestic remedies prior to submission, unless the
application of such remedies is unreasonably prolonged or unlikely to
bring effective relief

• Communications must in be written form (in any of the six official UN

languages (English, French, Spanish, Chinese, Arabic and Russian)
 A complaint may be rejected if:
It is submitted anonymously
The same matter has already been examined by the Committee or is
being examined by another international investigation procedure
It is incompatible with CEDAW’s provisions
It is manifestly ill-founded or not sufficiently substantiated
It is an abuse of the right to submit a communication
The violation referred to occurred before OP-CEDAW entered force –
unless it continued after that date
The complaint concerns a state not party to OP-CEDAW
• If the Committee, through its Working Group on communication,
decide to register a case:

- They will transmit the author’s communication to the State party

which has six months to respond on both its admissibility and merits
(two months if the State party challenges admissibility only).

- State party's response will then be transmitted to the author, who will
be given an opportunity to comment, within a time frame fixed by the
Committee.
• After the complainant comments on the State party’s response, the
Committee reviews all the information and decides whether the complaint
is admissible or not.

• If inadmissible: Complaint ceases. (However, the complainant may seek a

review of the decision)

• If admissible: Committee considers the merits and issues its Views and
Recommendations on the merits, and informs both Parties of the
decision
Within a given period of time, the State is required to submit a written
response within 6 months indicating any action taken on the
recommendations by the Committee.
Views and Recommendations of the Committee
Article 7 (4)
• After the six-month period the Committee may invite the State party
concerned to submit further information about any measures the
State party has taken in response to its views or recommendations.

• The rapporteur or working group may make take such action as may
be appropriate for the due performance of their assigned functions
and shall make such recommendations for further action by the
Committee as may be necessary.

• The rapporteur or working group shall report to the Committee on

follow-up activities on a regular basis.
Views and Recommendations of the Committee
Article 7 (4)
As the CEDAW Committee is a quasi-judicial body, its views are of a
recommendatory rather than obligatory character.

- Authoritatively indicate the content of rights under the CEDAW

Convention.

- Should be implemented by States parties as they have assumed

international legal obligations to remedy violations of rights enshrined
in the Convention.