Somali Rumoured Affair Case

Concerning Ms. K.A.S vs Denmark for violation of articles 1, 2, 12 and 15 of CEDAW.

The author feared being killed by her spouse, the population of village Q, or Al-Shabaab in case of her return to Somalia, because she had been accused of being unfaithful to her spouse. A rumour was spread about her infidelity and she had no male network to protect her. Consequently, Her spouse beat her up and threatened to kill her. The Al Shabaab was also after her for the same reason. Thus the author fled and applied for asylum in Denmark.

In a letter to the Board and during the Board hearing, Counsel specifically asked the Refugee Board to address the issue of a violation of CEDAW. The Danish Refugee Board refused asylum to the author as it found that the author had made vague statements and it also refrained from mentioning CEDAW in anyway.  Thus a complaint was sent to CEDAW.  The committee noted that the author’s lawyer only requested the authorities to consider her asylum claim in the light of the convention without substantiating claims under any specific articles of the convention. Thus, on 24 November 2016, the committee decided the communication is inadmissible because the author had failed to substantiate her claim about the risk in case of her return to Somalia.

12. December 2019

CEDAW 71/2014
  • Decision: 24. November 2016
  • Comm: Gender