a particular social group : islam v. secretary of state for the Home Department: R. v. Immigration Appeal Tribunal and Another, Ex parte Shah
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Kirvan, S.
- Thesaurus
- vluchtelingen, asiel, huiselijk geweld, islam, moslima's, Pakistan, Verenigde Staten
- Description
- This note examines the judgement of the House of Lords in the cases of Islam and Shah, particularly with regard to their conclusion that women in Pakistan who were victims of domestic violence and not protected by their state could qualify as members of a particular social group under the Geneva Convention, and therefore attain refugee status. The note considers the Refugee Women's Legal Group's Gender Guidelines for the Determination of Asylum Claims in het UK, and discusses the problems faced by women who claim refugee status. Finally, the conceptualisation of domestic violence as a political issue and therefore a matter falling within the scope of the Convention issue is analysed.