When women are persecuted on account of their gender, they are likely to be eligible for asylum. Persecution is the linchpin of the definition of a refugee set out in the United Nations Convention Relating to the Status of Refugees. In this document, a refugee is defined as any person facing persecution such as women facing gender-based persecution, who are otherwise not covered by the definition’s specific categories.
The original definition of refugee, which came from the constitution of the International Refugee Organization, did not include social group. However, the above-mentioned United Nations Convention added the category in order to provide a “safety net” for asylum-seekers who should qualify for refugee status but who fail to fall neatly into one ensure that the category would retain the flexibility necessary to address unanticipated situations.
A broad interpretation of social group is supported by the Handbook on Procedures and Criteria for Determining Refugee Status (1979) published by the office of the United Nations High Commissioner for Refugees (UNHCR). The Handbook describes a social group as persons of similar background, habits, or social status. This expansive interpretation of treatment due to their having transgressed the social mores of the society in which they live.”
Such a pronouncement is particularly significant. A position taken by an organization such as the UNHCR is likely to exert a strong influence on the international community. In particular, the UNHCR’s position is likely to have an impact on the interpretation of national asylum laws, since the have been developed under the international consensus that UNHCR represents.
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