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Office of the United Nations High Commissioner for Human Rights, Palais Wilson, Geneva

Earlier this year, the Committee on the Elimination of Discrimination against Women(Committee) handed down a case on violence against women in the matter of T.S. v. Russia. The communication, which concerned the criminal investigation of a rape case, was declared inadmissible since domestic remedies were not exhausted (Article 4(1) of the Optional Protocol). Despite evidence that the author was re-victimized, the Committee found that the domestic investigations “could not be categorized as improper or otherwise ineffective.” By not considering re-victimization, the Committee missed an opportunity to analyze the exhaustion of domestic remedies requirement from a gender perspective.

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