Persecution, International Refugee Law and Refugees: A Feminist Approach

This book examines the concept of persecution in international law and its relevance to refugee women in the current geopolitical context. It adopts a feminist approach to refugee law to assess the extent to which gender-related forms of violence can be considered persecution and proposes an interpretive model to ensure protection and relevance for refugee women in the 21st century.

Format: Paperback / softback
Length: 156 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate realm of the concept of persecution in international law and its profound significance in the contemporary geopolitical landscape, particularly in the context of refugee women. Through a rigorous comparative analysis, the work examines diverse models for interpreting the notion of persecution in international refugee law. In particular, it adopts a feminist approach to assess the extent to which the concept of persecution can encompass gender-based violence and the challenges associated with its application. It presents an interpretive framework aimed at guiding decision-makers in interpreting the notion of persecution in a manner that provides adequate protection and relevance to the unique profiles of refugees in the twenty-first century, particularly those facing the hardships of displacement.

The book appeals to a wide range of scholars and students specializing in public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law. It also holds relevance for professionals engaged in the fields of international relations and humanitarian work. By exploring the multifaceted dimensions of persecution and its implications for refugee women, this book offers valuable insights into the complex legal and social dynamics that shape their lives.

The book is organized into several chapters, each dedicated to exploring different aspects of the topic. The first chapter provides an introduction to the concept of persecution in international law, defining it as a form of severe harm or suffering inflicted upon individuals or groups on account of their race, religion, nationality, political opinion, or social group. It explores the historical background and evolution of the notion of persecution, highlighting its relevance in the context of refugee women.

The second chapter examines the various models for interpreting the notion of persecution in international refugee law. It explores the legal frameworks adopted by different countries and regional organizations, including the United Nations High Commissioner for Refugees (UNHCR) and the European Convention on Human Rights (ECHR). The chapter also discusses the challenges and limitations of these models, particularly in addressing gender-based violence and the specific needs of refugee women.

The third chapter adopts a feminist approach to refugee law and explores the extent to which the concept of persecution can apply to gender-based violence. It examines the historical roots of gender-based violence and its impact on refugee women, highlighting the need for a more comprehensive understanding of the phenomenon. The chapter also discusses the challenges faced by women in seeking protection and assistance from the legal system, particularly in cases of sexual violence and domestic abuse.

The fourth chapter proposes an interpretive model for interpreting the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, particularly to refugee women. The model emphasizes the importance of considering the intersectionality of gender, race, religion, nationality, and other factors that may contribute to the vulnerability of refugee women. It suggests that decision-makers should adopt a holistic and victim-centered approach, taking into account the specific experiences and needs of refugee women.

The fifth chapter examines the role of international organizations and governments in addressing the issue of persecution and gender-based violence among refugee women. It explores the legal and policy frameworks in place to protect and assist refugee women, including the obligations of states to prevent and respond to gender-based violence. The chapter also discusses the challenges and gaps in these frameworks, highlighting the need for further efforts to improve the protection and well-being of refugee women.

The sixth chapter concludes the book by reflecting on the implications of the proposed interpretive model for the protection and rights of refugee women. It emphasizes the importance of international cooperation and solidarity in addressing the challenges faced by refugee women, particularly in countries of origin, transit, and destination. The chapter also calls for the development of comprehensive policies and programs that prioritize the protection and empowerment of refugee women, including access to education, healthcare, and legal assistance.

In conclusion, this book offers a comprehensive and interdisciplinary exploration of the notion of persecution in international law and its relevance in the context of refugee women. Through a feminist lens, it sheds light on the challenges faced by these vulnerable individuals and proposes an interpretive model that aims to provide adequate protection and support. The book is a valuable resource for academics, students, policymakers, and practitioners working in the fields of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law. By promoting a deeper understanding of the rights and needs of refugee women, this book contributes to the ongoing efforts to create a more inclusive and just world for all.

Weight: 285g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367528256