Undoing the Historical Misogyny of the 1951 Refugee Convention: Adding Gender as a Sixth Enumerated Category
Vol. 31
December 2024
Page 31
The 1951 United Nations Refugee Convention, while pioneering in its protection of displaced individuals, notably omitted gender as a distinct category of persecution. This oversight has significant implications for refugee women, who represent half of the global refugee population. Despite their substantial presence, women are disproportionately underrepresented in asylum-seeking and granting processes, perpetuating cycles of vulnerability and exclusion. Patriarchal norms and expectations of women further compound these disparities, shaping migration patterns and influencing refugee admissions criteria. Existing refugee definitions inadequately capture the nuanced experiences of gender-based persecution, relegating women's experiences to generic categories such as “membership of a particular social group.” This paper contends that such classification fails to address the specific forms of violence and discrimination faced by refugee women and argues for the recognition of gender as a distinct category within refugee law, advocating for a more inclusive and gender-responsive approach to refugee protection. Through a critical examination of historical contexts and contemporary challenges, this paper underscores the urgent need for reform in refugee law to ensure the equitable treatment and recognition of displaced women worldwide.
Key words: refugees, gender, Refugee Convention, asylum law, gender violence
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The 1951 United Nations Refugee Convention, while pioneering in its protection of displaced individuals, notably omitted gender as a distinct category of persecution. This oversight has significant implications for refugee women, who represent half of the global refugee population. Despite their substantial presence, women are disproportionately underrepresented in asylum-seeking and granting processes, perpetuating cycles of vulnerability and exclusion. Patriarchal norms and expectations of women further compound these disparities, shaping migration patterns and influencing refugee admissions criteria. Existing refugee definitions inadequately capture the nuanced experiences of gender-based persecution, relegating women's experiences to generic categories such as “membership of a particular social group.” This paper contends that such classification fails to address the specific forms of violence and discrimination faced by refugee women and argues for the recognition of gender as a distinct category within refugee law, advocating for a more inclusive and gender-responsive approach to refugee protection. Through a critical examination of historical contexts and contemporary challenges, this paper underscores the urgent need for reform in refugee law to ensure the equitable treatment and recognition of displaced women worldwide.
Key words: refugees, gender, Refugee Convention, asylum law, gender violence