Separated from child and forbidden to display religious items

Concerning Y.C. vs Denmark for violation of articles 1, 2, 3 and 5 of CEDAW.

The author is a Chinese national born in 1974. She claims that, the father of her child left with their son and that the father hit her on six occasions during an argument when she wanted to see the child. The father refused to allow her to see the child and threatened to beat her if they met again. The author also claims that she is a Christian and that her former employer forbade her to display religious items at her workplace, where she also lived. Thus she fled to Denmark early in 2011 and sought asylum when she was arrested there on in June 2011. Her application was rejected by the Danish authorities, thus, a complaint was sent to CEDAW.

In the present case, regarding the author’s claims that she suffered violence at the hands of the father of their child, that it was impossible for her to see the child, having been prevented from doing so by the father, and that she was threatened with beatings if they met again, the Committee notes that, in fact, the author has made no attempt whatsoever to bring her problems to the attention of the Chinese authorities. Therefore, the Committee considers that the author has failed to sufficiently substantiate, for the purposes of admissibility, her claim that she would not have received adequate protection in China had she contacted the competent authorities there and would not have been granted access to or custody of her child.

As to the author’s claim that it would be impossible for her to exercise her religious beliefs freely, the Committee notes that, in this context, the author has failed to substantiate any aspect of gender-based discrimination in her allegations. Thus, the committee declares this communication to be inadmissible.

22. July 2021

CEDAW 59/2013
  • Decision: 24. October 2014
  • Comm: Gender