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When will the CEDAW Committee refuse to accept the communication?
The communication will not be received by the CEDAW Committee if it is not consistent with art. 2, 3 and 4 of the Optional Protocol to CEDAW, in particular if:
▪ the claim refers to a State that is not a party to the Optional Protocol;
▪ the communication is anonymous;
▪ there is no consent of the victim/victims of the alleged right’s violation on whose behalf the claim has been filed unless acting without such consent has been justified;
▪ not all remedies available at the national level have been used. The CEDAW Committee requires the victim/victims of the alleged violations to seek justice within the national legal system and exhaust all available domestic remedies before submitting a communication. The Committee may abandon this requirement if the application of the legal remedies is “unreasonably prolonged” or “unlikely to bring effective relief”;
▪ the communication is inadmissible under the art. 4.2 of the Optional Protocol to CEDAW.
This toolkit was prepared by KARAT Coalition thanks to the support of OXFAM Novib.
KARAT wishes to thank our partner IWRAW Asia Pacific for sharing with us its expertise and materials. Special thanks go to Lisa Pusey for her input and comments as well as to Karolina Siudak for her contribution to the text.