a comparative analysis of legal approaches to recognizing asylum claims based on gender persecution
- Categories
- Article/Artikel
- Magazine Title
- Harvard Women's Law Journal
- Magazine Year
- 2002
- Creator
- Randall, Melanie
- Thesaurus
- asiel, geweld, relaties, huiselijk geweld, seksisme, vluchtelingen, vreemdelingenrecht, Canada
- Description
- The author adresses two central themes in the determination of claims for asylum made by women fleeing gender persecution. The first of these is the set of definitional hurdles women face in framing claims that are based on gender persecution, most often revolving around the 'most elastic and nebulous' category - 'membership in a particular social group.' The second is the state's relationship to the persecution being claimed and, most critically, its ability to protect the claimant, a particularly fraught dilemma in cases of violence perpetrated in intimate relationships and in the context of the so-called 'private' sphere.