CEDAW/C/57/D/39/2012
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-seventh session)
Communication No. 39/2012, N. v. the Netherlands *
Submitted by:
N. (represented by counsel, Ilse van Kuilenburg)
Alleged victim:
The author
State party:
The Netherlands
Date of communication:
16 February 2012 (initial submission)
References:
Transmitted to the State party on 28 February 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 17 February 2014,
Adopts the following:
Decision on admissibility
1.1 The author of the communication is N., a Mongolian citizen, born on 10 June
1987. She sought asylum in the Netherlands; her application was rejected and, at the
time of submission of the communication, she was awaiting deportation to
Mongolia. She claims that the denial of her asylum application constitutes a
violation by the Netherlands of articles 1, 2 (e), 3 and 6 of the Convention on the
Elimination of All Forms of Discrimination against Women. The author is
represented by counsel. The Convention and the Optional Protocol thereto entered
into force for the State party on 22 August 1991 and 22 August 2002, respectively.
1.2 On 28 February 2012, the Committee decided not to accede to the author ’s
request for interim measures submitted on 16 February 2012.
Facts as presented by the author
2.1 The author is an unmarried woman. She grew up as an orphan in Darkhan,
Mongolia, and her only family member, a brother, has been incarcerated since May
2004. She has a son, G.
2.2 In August 2007, when the author was 20 years old, she began working for Mr. L.
in his hotel in Ulaanbaatar. Because the hotel was frequented by influential people in
* The following members of the Committee participated in the examination of the present
communication: Ayse Feride Acar, Olinda Bareiro-Bobadilla, Niklas Bruun, Náela Gabr, Hilary
Gbedemah, Ruth Halperin-Kaddari, Yoko Hayashi, Ismat Jahan, Dalia Leinarte, Violeta
Neubauer, Theodora Nwankwo, Pramila Patten, Silvia Pimentel, Maria Helena Pires, Biancamaria
Pomeranzi, Patricia Schulz and Xiaoqiao Zou.
2/16
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