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15/05/2023
The UN CEDAW found a violation of the Convention because Switzerland failed to conduct a thorough risk assessment prior to considering a return to Iran

ECLI
Input Provided By
EUAA IDS
Type
Individual Complaints/Views
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
United Nations, Committee on the Elimination of Discrimination against Women [CEDAW], Applicant v Switzerland, No. 173/2021, 15 May 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3564
Case history
Other information
Abstract

According to Elena weekly update:


"The case concerned Bandboni, an Iranian woman, who stated that she and her mother suffered domestic abuse. Following the escalation of violence, the applicant sought to marry A.T. and after her father and brother discovered she was pregnant, she fled to Iraq and then to Switzerland where they applied for asylum which was however rejected.
 
The CEDAW first held that Switzerland did not sufficiently address the persistent institutionalized discrimination against women and girls in public and private life enshrined within civil and penal law and practice in Iran, the patriarchal values and misogynist behaviours that permeate many segments of Iranian family life and the law enforcement agencies’ reluctance to intervene in domestic violence and honour crime cases. The Committee furthermore highlighted the persistence of deep-rooted gender-based violence and discriminatory patriarchal stereotypes in Iran concerning the roles and responsibilities of women and men in the family and in society, which overemphasize the traditional role of women, thereby undermining women’s social status, safety and security, autonomy, educational opportunities and professional careers. It also noted that gender-based violence and patriarchal attitudes are on the rise among authorities, including law enforcement agencies, and that gender equality was being openly and increasingly challenged by the authorities.

The CEDAW then held that Bandboni’s claim on the lack of protection provided by Iranian authorities should not have been rejected outright by Swiss authorities solely because she never asked the Iranian authorities for protection without taking into consideration her reasons for not turning to these authorities. Furthermore, it noted that the Federal Administrative Court does not accord any weight to the circumstance that the author’s father was accompanied by a policeman when seeking to know her whereabouts.
 
The CEDAW considered that a more thorough risk assessment in connection with the capacity of Iranian authorities to protect women and girls would have been required considering the level of tolerance and incitement towards violence against women in Iran. Switzerland therefore failed to give sufficient consideration to the real, personal and foreseeable risk of serious forms of gender-based violence faced by Bandboni should she be returned to the Iran and so Articles 1–3, 15 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women were breached."


Country of Decision
United Nations
Court Name
UN: Committee on the Elimination of Discrimination against Women [CEDAW]
Case Number
No. 173/2021
Date of Decision
15/05/2023
Country of Origin
Iran
Keywords
Assessment of Application
Country of Origin Information
Gender based persecution
Vulnerable Group
Other Source/Information
Elena weekly update