CEDAW/C/38/D/10/2005
Decision on admissibility
1.1 The author of the communication dated 21 September 2005 with supplementary
information dated 16 October and 2 December 2005, is Ms. N. F. S. a Pakistani
asylum seeker born on 15 November 1976 and currently living in the United
Kingdom with her two children. She claims to fear for her life at the hands of her
former husband in Pakistan and for her two sons’ future and education if the
authorities of the United Kingdom deport her. She does not invoke specific
provisions of the Convention on the Elimination of All Forms of Discrimination
against Women nor demonstrate how the Convention may have been violated but her
claims appear to raise issues under article 2 and 3 of the Convention. The author is
representing herself. The Convention and its Optional Protocol entered into force for the
State party on 7 April 1986 and 17 December 2004 respectively.
1.2 The author requested interim measures of protection in accordance with article 5,
paragraph 1 of the Optional Protocol.
1.3 On 8 March 2006, the Committee requested the State Party not to deport the author and
her two children, U. S. and I. S., while their case was pending before the Committee.
The facts as presented by the author
2.1 The author got married on 17 May 1996 and had two sons, born respectively in
1998 and 2000, resulting from this union. Her husband’s personality and
behaviour changed towards the author immediately after the marriage took place
and he started to subject her to numerous instances of ill-treatment – particularly
when he was affected by alcohol and drugs or after he had incurred gambling
losses. He compelled her with threats to obtain money from her parents and he
used the money to feed his habits.
2.2 She endured marital rape and eventually divorced her husband in August 2002.
She subsequently fled to a nearby village with her two sons. She continued to be
harassed by her ex-husband after the divorce and had to move two more times.
She reported him to the police but did not receive any protection.
2.3 In January 2003, the author’s ex-husband came to her home with other men
armed with knives and threatened to kill her. After this incident, the author
decided to flee the country with the help of an agent and funding from her
parents.
2.4 The author arrived in the United Kingdom on 14 January 2003 with her two
children and applied for asylum the same day. She was in transit in Cairo, Egypt,
for one day prior to her arrival in the United Kingdom. On 27 February 2003, the
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