COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

Optional Protocol to the Convention on the Elimination of Discrimination against Women - Jurisprudence

CEDAW - 51st session (Geneva 13 February - 2 March 2012)

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents

CEDAW/C/51/D/19/2008
Communication No. 19/2008

Kell v. Canada

CEDAW articles 1;

Definition of discrimination against women

Failure to exhaust domestic remedies
Insufficient substantiation and manifestly ill-founded
Inadmissible ratione temporis

Merits – violation
CEDAW  articles 2, ((d) and (e));
16 (1 (h)) read in conjunction with article 1

E F S  R C A

2 ( (d) and (e));

Policy measures

14 (2 (h));

Rural women

15 ( 1-4);

Full equality civil and business matters

16 (1(h))

Appropriate measures to eliminate discrimination in all matters relating to marriage and family relations

OPCEDAW article 4 (1); (2 (c); (e))  

CEDAW/C/51/D/25/2010
Communication No. 25/2010

M.P.M. v. Canada

CEDAW articles  2((c), (d)) ;

Policy measures

Failure to exhaust domestic remedies
Incompatible with the provisions of the Convention
Insufficient substantiation and manifestly ill-founded

Inadmissibility
OPCEDAW article 4 (2 (c))

E  F  S  R A C

3;

Guarantee of basic Human rights and Fundamental freedoms

15;

Full equality civil and business matters

16

Appropriate measures to eliminate discrimination in all matters relating to marriage and family relations

OPCEDAW article 4 (1, 2 ((b) and (c))

CEDAW/C/51/D/28/2010
Communication No. 28/2010

R.K.B. v. Turkey

CEDAW articles 1;
 

Definition of discrimination against women

Incompatible with the provisions of the Convention
Insufficient substantiation and manifestly ill-founded

Merits – violation
CEDAW articles 2 ((a) and (c)) read in conjunction with article 1;
5, (a);
11, (1 (a) and (d))

E F S R A C

2 ((a) and (c));

Policy measures

5, (a);

Sex role stereotyping and prejudice

11 (1 (a) and (d))

Employment

OPCEDAW article 4 (2(b) and (c))

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