Seeking Asylum on Gender Grounds

Abstract

This article discusses whether the criteria and procedures which are currently being used in European states offer fair treatment and sufficient protection to women seeking asylum on the ground of a gender-related persecution. Under the 1951 Convention relating to the Status of Refugees, a refugee must show a well-founded fear of persecution on at least one of five grounds: race, religion, nationality, membership of a particular social group or political opinion. Gender is not covered. There are essentially three ways in which states can address the problem of gender specific threat to the security of women. The first option, which is to do nothing or very little about it, was chosen by European states although most of them are now slowly moving towards the next option. This is to agree on a liberal interpretation of existing criteria, in particular, ‘social group’. This second option is already applied in Canada. No state or court has so far addressed the question of amending the 1951 Convention in order to add gender as a ground of persecution on its own. Yet this third option presents practical advantages and, more importantly, it has also become a necessity in principle.