Comparative Study: Asylum Claims for Women Victims of Gender Crimes under Community and U.S. International Law

Under current asylum law, both at the international level on the basis of the 1967 Protocol and at the national level in many countries, including the United States, which has adopted that protocol, it is required that a person meet the definition of a refugee set forth in that protocol in order to claim asylum. According to this definition, an individual must prove (i) that he or she has suffered persecution and (ii) that such persecution has been inflicted on the basis of one of five recognized "fundamental grounds."

However, one of the critical points of this definition is that gender is not specifically included as a fundamental ground for refugee status.    This raises a significant concern as we are aware that women are often victims of gender-based violence in many countries around the world (think of Saudi Arabia, Iran, Afghanistan, etc., among many others).

The lack of gender-specific recognition as a fundamental ground for asylum limits women's ability to seek protection and safety in another country.

An amendment of the current relevant treaties and the introduction of a change in the right to asylum so that gender can be recognized as a fundamental ground for refugee status would allow women who have experienced gender-based violence to have the opportunity to seek asylum and access international protection appropriately.  The inclusion of gender as a criterion for asylum would reflect the reality of human rights violations that women face in many parts of the world and ensure greater fairness and justice in the asylum system.