J. The inquiry
The second procedure established by the Optional Protocol is the inquiry. It allows the Committee to examine reliable information indicating grave or systematic violations of the Convention by a
State party. State parties may opt out of this procedure, through a declaration and reservation, and still ratify the Optional
Protocol (art. 8). States can decide to lift reservations at a later date.
The main features of an inquiry compared to a complaint are:
- First, that to launch an inquiry, the Committee does not have to receive a formal complaint. It is up to the Committee to
decide to initiate the procedure (which may include a visit to the State party, subject to the latter's consent);
- Second, an inquiry is permitted only in cases indicating grave or systematic violations of the rights set forth in the Convention;
and
- Third, there is no requirement for a victim to come forward.
A grave violation refers to a severe abuse of one or more provisions of the Convention, such as discrimination that threatens someone's
life, integrity or personal security. A systematic violation refers to a pattern of abuse, the scale and frequency of which are significant regardless of intention. The abuse
may result from laws, policies or practices. The term “systematic” may include violations which might not be considered “grave”.
The process is as follows:
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Receipt of reliable information on grave or systematic violations: the Committee receives information, which in the experience of other treaty bodies is generally provided by NGOs although
treaty bodies may on their own initiative compile information available to them, including from United Nations bodies (see
rule 79 of the Committee's rules of procedure). At this stage, the Committee should seek further information to establish
that the information received is reliable.
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Invitation to State party to cooperate: if the Committee finds that the information is reliable, it invites the State party to cooperate in the examination of the
information, including through the submission of information to the Committee.
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Designation of one or more Committee members to conduct the inquiry: the Committee considers the submission of the State party as well as any additional information provided by governmental
organizations, the United Nations system, NGOs and individuals, and designates one or more members to conduct the inquiry.
The Committee must seek the cooperation of the State party at all stages if it decides to proceed.
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Country visit: where warranted, the Committee may conduct a visit to the territory concerned, provided the State party agrees. Visits may,
again, with the consent of the State party, include hearings. However, a country visit is not mandatory and the Committee
may undertake the inquiry without it.
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Findings, comments and recommendations submitted to State party: the Committee must draft a report and transmit it to the State party confidentially.
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Observations from the State party to be transmitted within six months: the State party has six months to submit its observations to the Committee. It is worth noting that the Committee on the
Elimination of Discrimination against Women can make its final report public. Neither the Convention on the Rights of Persons
with Disabilities nor the Committee's rules of procedure refer to such an option, which suggests it is open.
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Invitation transmitted to State party to report on action taken: the Committee may invite the State party to include in its periodic report details of any measures it has taken to implement
the findings. The Committee includes a summary of the procedure in its annual report.
As with the individual communications procedure, it could be helpful for participants to hear about an inquiry. Unfortunately,
there are relatively few public inquiry reports owing to the confidential nature of the procedure. Facilitators might wish
to discuss the Committee on the Elimination of Discrimination against Women's inquiry into the abduction, rape and murder
of women in Cuidad Juárez, Mexico (CEDAW/C/2005/OP.8/ MEXICO).