Stop Violence Against Women
Complaint Mechanism - Committee on the Elimination of Discrimination against Women

last updated 17 May 2007

Type of Mechanism

Complaint Procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

Scope of the Procedure

The rights enumerated in the Convention on the Elimination of All Forms of Discrimination against Women

Who Can Submit a Complaint

Individuals and NGOs from States which have ratified CEDAW and its Optional Protocol

Role of Advocates

NGOs can submit communications on behalf of individuals or groups of individuals with their consent. Consent may not be needed in special cases where the NGO can justify not obtaining consent. Committee meetings in which the communication is examined are closed, and advocates cannot attend. 

Available       Remedies

The Committee may at any time request that the State issue interim measures to protect the victim(s). Once a determination of the merits has been reached, the Committee may issue a finding on behalf of the victim(s) that is transmitted to the State party, which has six months to submit a response indicating the action taken. In cases of "grave and systematic violations" by a State party, the Committee may also initiate its own inquiry into the situation.

How to Submit a Complaint

Complaints may be submitted by or on behalf of individuals or groups of individuals.  NGOs submitting complaints on behalf of individuals must show proof of consent to the submission of the complaint or else justification for not obtaining consent.

The Committee has prepared Model Complaint Form (PDF, 3 pages), which sets forth the information that must be included in the complaint.

In addition, the Protocol sets for a number of admissibility criteria, which must be met for the complaint to be considered:

The complaint must be in writing.

The communication may not be anonymous.

The complaint must concern a State party to CEDAW and the Protocol.

The complaint should contain information about the exhaustion of domestic remedies.

The complaint may not have been previously examined by the Committee or the subject of any other international investigation.

The subject of the complaint must indicate a violation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, must be substantiated, must not be incompatible with the treaty, and cannot have occurred prior to the entry into force of the Protocol for the State party, unless the violation has continued.

Where to Send Communications

Committee on the Elimination of Discrimination against Women
c/o Division for the Advancement of Women,
Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza DC-2/12th Floor
New York, NY 10017
U.S.A.

Tel: + 1-212-963-3153
Fax: + 1-212-963-3463

Email:  daw@un.org

How the Complaint Procedure Works

The Committee reserves time to consider complaints at each session.  Although the Committee traditionally meets twice a year, it met three times annually in 2006 and 2007. Once a case is registered, the Committee will consider admissibility and the merits simultaneously. The State party is given six months in which to respond and present a submission to the Commission. After this, the complainant is given a fixed period in which to comment.

If there is particular urgency, the Committee may request that the State party issue interim measures before the case is decided.

Once the Committee has reached a decision, it may issue recommendations to the State party. The State then has six months in which to submit information about measures taken.

Advantages/ Disadvantages

Individuals can submit complaints, but they cannot remain anonymous. Individuals may, however, request that identifying information be concealed in the Committee’s final decision. The Committee is authorized to request interim measures, which may offer protection to victims.  NGOs can submit communications, which may be a useful advocacy tool around a particular issue

Compiled from: Women's Human Rights Step by Step, Women Law & Development International and Human Rights Watch Women's Rights Project (1997); NGO Information Note, UN Division for the Advancement of Women (PDF, 3 pages) (last visited 18 May 2007); Information Notes to NGOs, 38th Sess., 14 May to 1 June 2007, CEDAW (PDF, 3 pages); UN Fact Sheet No. 7: Complaints under the International Human Rights Treaties, United Nations.

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