CEDAW/C/55/D/40/2012
Annex
Decision of the Committee on the Elimination of
Discrimination against Women under the Optional Protocol
to the Convention on the Elimination of All Forms of
Discrimination against Women (fifty-fifth session)
Communication No. 40/2012, M. S. v. Denmark*
Submitted by:
M. S. (represented by counsel, Helge Nørrung)
Alleged victims:
The author, her husband and their two minor
children
State party:
Denmark
Date of communication:
15 March 2012 (initial submission)
References:
Working Group’s decision under articles 5 and 6 of
the Optional Protocol and rules 63 and 69 of the
Committee’s rules of procedure, transmitted to the
State party on 19 March 2012 (not issued in
document form)
The Committee on the Elimination of Discrimination against Women,
established under article 17 of the Convention on the Elimination of All Forms of
Discrimination against Women,
Meeting on 22 July 2013,
Adopts the following:
Decision on admissibility
1.1 The author of the communication is M. S., a national of Pakistan born in 1982.
She submits the communication on her own behalf and on behalf of her husband and
their two minor children, all nationals of Pakistan. The author and her family sought
asylum in Denmark; their application was rejected and, at the time of submission of
the communication, they were awaiting deportation from Denmark to Pakistan. The
author claims that her and her family’s deportation to Pakistan would constitute a
violation by Denmark of their rights under articles 1, 2, 3, 5, 12 and 16 of the
Convention on the Elimination of All Forms of Discrimination against Women, read
in conjunction with the Committee’s general recommendation No. 19. The author is
represented by counsel, Helge Nørrung. The Optional Protocol to the Convention
entered into force for Denmark on 22 December 2000.
* The following members of the Committee participated in the examination of the present
communication: Ms. Ayse Feride Acar, Ms. Noor Al-Jehani, Ms. Nicole Ameline, Ms. Barbara
Bailey, Ms. Olinda Bareiro-Bobadilla, Mr. Niklas Bruun, Ms. Náela Gabr, Ms. Hilary Gbedemah,
Ms. Nahla Haidar, Ms. Ruth Halperin-Kaddari, Ms. Yoko Hayashi, Ms. Ismat Jahan, Ms. Dalia
Leinarte, Ms. Violeta Neubauer, Ms. Theodora Nwankwo, Ms. Pramila Patten, Ms. Silvia
Pimentel, Ms. Maria Helena Pires, Ms. Biancamaria Pomeranzi, Ms. Patricia Schulz,
Ms. Dubravka Šimonović and Ms. Xiaoqiao Zou.
2/13
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