Gender in Refugee Law


Book Description

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.




Gendered Asylum


Book Description

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.




Gender and Refugee Status


Book Description

A comprehensive socio-legal study of the interrelation between gender and the law of refugee status. The book contains an interdisciplinary analysis. The empirical data, collected for this study, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on the Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention).




Gendering the International Asylum and Refugee Debate


Book Description

This study provides a comprehensive account of the situation of women refugees globally and explains how they differ from men. It looks at causes of refugee flows, international laws and conventions and their application, the policies and legislation of Western governments, and lived experiences of the refugees themselves.




The Oxford Handbook of International Refugee Law


Book Description

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.




Engendering Forced Migration


Book Description

At the turn of the new millenium, war, political oppression, desperate poverty, environmental degradation and disasters, and economic underdevelopment are sharply increasing the ranks of the world's twenty million forced migrants. In this volume, eighteen scholars provide a wide-ranging, interdisciplinary look beyond the statistics at the experiences of the women, men, girls, and boys who comprise this global flow, and at the highly gendered forces that frame and affect them. In theorizing gender and forced migration, these authors present a set of descriptively rich, gendered case studies drawn from around the world on topics ranging from international human rights, to the culture of aid, to the complex ways in which women and men envision displacement and resettlement.




Queering Asylum in Europe


Book Description

This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.




Refugee Women


Book Description

This new and revised edition includes new material on the legal issues and policies developed to protect displaced women, and addresses the increasingly recognised problem of internally displaced persons, focusing on the unique hardships for women who are forced from their homes.




Persecution, International Refugee Law and Refugees


Book Description

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.




Not Born a Refugee Woman


Book Description

Not Born a Refugee Woman is an in-depth inquiry into the identity construction of refugee women. It challenges and rethinks current identity concepts, policies, and practices in the context of a globalizing environment, and in the increasingly racialized post-September 11th context, from the perspective of refugee women. This collection brings together scholar_practitioners from across a wide range of disciplines. The authors emphasize refugee women’s agency, resilience, and creativity, in the continuum of domestic, civil, and transnational violence and conflicts, whether in flight or in resettlement, during their uprooted journey and beyond. Through the analysis of local examples and international case studies, the authors critically examine gendered and interrelated factors such as location, humanitarian aid, race, cultural norms, and current psycho-social research that affect the identity and well being of refugee women. This volume is destined to a wide audience of scholars, students, policy makers, advocates, and service providers interested in new developments and critical practices in domains related to gender and forced migrations.