The inquiry procedure is the mechanism established by the Optional Protocol that enables the CEDAW Committee to initiate and conduct an investigation after having received reliable information on ‘the grave or systematic’ violations by the State Party of the rights protected by the CEDAW Convention. Unlike the communication procedure the inquiry procedure enables the Committee to conduct its own research and fact-finding activities, including confidential interviews and hearings. It may also include the visit to the relevant country provided that the State consents to it. The inquiry procedure allows the CEDAW Committee to transmit the comments and recommendations resulting from the investigation to the State Party concerned.

A ‘grave’ violation refers to a severe abuse of one or more of women’s human rights protected by CEDAW. It definitely includes discrimination that threatens the right to life, right to integrity of a person and to security.  

A ‘systematic’ violation refers to a pattern of abuse, the scale and frequency of violations, regardless of their intentionality or lack thereof, which result from laws, policies or practices and are not being addressed by the State. The term ‘systematic’ may include the violations which would not be called ‘grave’ but are a consequence of an identified scheme supported by the State.

Where the Committee decides to apply the inquiry procedure, it will seek the relevant State Party’s cooperation at all stages of the procedure. However the collaboration of the State is not necessary to initiate the inquiry. The investigation under the inquiry procedure will be conducted confidentially.

The inquiry procedure allows the Committee to timely react to severe women’s rights violation and to initiate an investigation on a large scale on its own initiative. However, it has serious limitations since the States Parties are allowed to ‘opt-out’ of it at the time of signing, ratifying or acceding to the Optional Protocol. The so-called ‘opting-out’ clause means that the State Party may declare that it does not recognize the competence of the CEDAW Committee to apply the inquiry procedure.