她根据监察程序(nadzornaya zhaloba)提出的要求没有得到任何结果。
Her claim under the supervisory procedure (nadzornaya zhaloba) gave no result.
5.1 在审议来文所载任何申诉之前，人权事务委员会必须根据《议事规则》第87条决定，按照《公约任择议定书》来文可否受理。
5.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant.
5.2 委员会指出，同一事项未由任何其他国际程序审查，而且已经用尽国内补救办法。
5.2 The Committee notes that the same matter is not being examined under any other international procedure and that domestic remedies have been exhausted.
[缔约国未对这项结论提出异议。]
[No challenge from the State party to this conclusion has been received.
因此，符合《任择议定书》第五条第二款(子)、(丑)两项的规定。
] The requirements of article 5, paragraph 2 (a) and (b), of the Optional Protocol have thus been met.
5.3 委员会注意到，提交人援引了《公约》第十九条，但是没有就这一特定问题提出具体指控，只是列举上述条文。
5.3 The Committee has noted that the author has invoked article 19, of the Covenant, without however providing specific allegations on this particular issue, but limited herself to the mere enumeration of the above article.
因此，委员会认为，就可否受理本案而言，提交人没有举出资料证明其申诉，根据《任择议定书》第二条，来文的这部分不可受理。
Therefore, the Committee concludes that the author has not substantiated this claim, for purposes of admissibility, and that this part of the communication is inadmissible under article 2 of the Optional Protocol.
5.4 对于提交人根据《公约》第十八条提出的其余申诉，委员会认为，就可否受理而言，来文的申诉有充分的证据，决定着手审查案情。
5.4 As to the author's remaining claims under article 18 of the Covenant, the Committee considers that it has been sufficiently substantiated for purposes of admissibility, and decides to proceed to its examination on the merits.
6.1 人权事务委员会根据《任择议定书》第五条第1款要求提供的全部资料审议了本来文。
6.1 The Human Rights Committee has considered the present communication in the light of all the information made available to it, as required under article 5, paragraph 1, of the Optional Protocol.
6.2 委员会注意到，提交人声称她的思想、良心和宗教自由权利遭受侵犯，因为她基于自己的信仰拒绝摘除头巾而被大学开除。
6.2 The Committee has noted the author's claim that her right to freedom of thought, conscience and religion was violated as she was excluded from University because she refused to remove the headscarf that she wore in accordance with her beliefs.
委员会认为，对宗教自由的表达方式应该包括公开穿戴衣饰的权利，这是符合个人的信仰或宗教的。
The Committee considers that the freedom to manifest one's religion encompasses the right to wear clothes or attire in public which is in conformity with the individual's faith or religion.
此外，委员会认为，阻止某人公开或私下穿戴宗教衣饰可能构成违反第十八条第2款的行为，该条款禁止损害个人信奉宗教自由的任何胁迫行为。
Furthermore, it considers that to prevent a person from wearing religious clothing in public or private may constitute a violation of article 18, paragraph 2, which prohibits any coercion that would impair the individual's freedom to have or adopt a religion.
按照委员会第22号一般性意见(第5段)，凡是同直接胁迫具有同样意图或影响的政策和做法，例如限制受教育的机会的行为，都不符合第十八条第2款。
As reflected in the Committee's general comment No. 22 (para. 5), policies or practices that have the same intention or effect as direct coercion, such as those restricting access to education, are inconsistent with article 18, paragraph 2.
但是，委员会回顾，对宗教或信仰自由的表达并不是绝对的，可能受到法律规定的限制，为了保护公共安全、秩序、卫生或道德或别人的基本权利和自由(《公约》第十八条第3款)，这种限制有其必要。
It recalls, however, that the freedom to manifest one's religion or beliefs is not absolute and may be subject to limitations, which are prescribed by law and are necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others (article 18, paragraph 3, of the Covenant).
就本案而言，提交人于1998年3月15日以违反大学新校规的规定为由被开除。
In the present case, the author's exclusion took place on 15 March 1998, and was based on the provisions of the Institute's new regulations.
委员会指出，缔约国没有就为什么要对提交人施加限制而援引任何特定理由说明，根据第十八条第3款的含义，它有必要这么做。
The Committee notes that the State party has not invoked any specific ground for which the restriction imposed on the author would in its view be necessary in the meaning of article 18, paragraph 3.
但是，缔约国已经设法说明提交人因拒绝遵守禁令而被大学开除是合理的。
Instead, the State party has sought to justify the expulsion of the author from University because of her refusal to comply with the ban.
提交人和缔约国都没有具体说明提交人到底穿戴哪种头巾，双方所指的“hijab”到底是哪种式样。
Neither the author nor the State party have specified what precise kind of attire the author wore and which was referred to as “hijab” by both parties.
在本案特定的情况下，委员会不预断缔约国在《公约》第十八条所涉情况下是否有权限制宗教和信仰自由，但同时又适当考虑到该情形的特殊性，也不预断学术机构是否有权制定涉及其本身职能的特定校规，由于缔约国没有提出任何理由解释为什么那样做，委员会认定它违反第十八条第2款。
In the particular circumstances of the present case, and without either prejudging the right of a State party to limit expressions of religion and belief in the context of article 18 of the Covenant and duly taking into account the specifics of the context, or prejudging the right of academic institutions to adopt specific regulations relating to their own functioning, the Committee is led to conclude, in the absence of any justification provided by the State party, that there has been a violation of article 18, paragraph 2.
7. 人权事务委员会按照《公约任择议定书》第五条第4款行事，认为它所掌握的事实表明《公约》第十八条第二款遭到违反。
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the Covenant, is of the view that the facts before it disclose a violation of article 18, paragraph 2, of the Covenant.
8. 按照《公约》第二条第3款(甲)项，缔约国有义务给予Hudoyberganova女士有效补救。
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Ms. Hudoyberganova with an effective remedy.
缔约国也有义务采取措施防止未来发生类似的侵权行为。
The State party is under an obligation to take measures to prevent similar violations in the future.
9. 缔约国加入《任择议定书》，即已承认委员会有权确定是否存在违反《公约》的情况。
Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee's Views.
而且根据《公约》第二条规定，缔约国也已承诺确保其境内所有受其管辖的个人均享有《公约》承认的权利，并承诺在违约行为一经确定成立后，即予以有效且可强制执行的补救。
Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee's Views.