A Legal And Social Study On The Status Of Women Refugees Under International Law

Abstract

Women refugees are particularly disadvantaged in terms of the international refugee protection regime because of the multiple forms of gender-based persecution that they experience in connection with their displacement, which includes sexual and gender-based violence, trafficking, exploitation, discrimination, and denial of their access to justice and necessary means of support. The research investigates the position of women refugees in terms of international law, with emphasis on the 1951 Refugee Convention, the 1967 Protocol, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), international human rights law, and related guidelines issued by UNHCR. Although the Refugee Convention serves as the primary reference point for refugee affairs in this context, gender is not identified as a standalone category of persecution. Therefore, gender-based claims must be interpreted through the existing categories, in particular membership in a particular social group. The research continues by evaluating the importance of gender-sensitive refugee status determination and growing acknowledgment of gender-based persecution in the domain of international protection. The guidance offered by UNCHR points to necessity of interpreting refugee claims in a gender-sensitive manner, with CEDAW General Recommendation No.32 addressing the issue of gender-based refugee status. Looking at it from a social viewpoint, it is observed that refugee women suffer due to various disadvantages like lack of education, health care, and employment opportunities, housing problems, lack of legal help, and lack of participation in decision-making processes. In this respect, it is worth noting that the formal acknowledgment of refugee rights is not enough unless it is supported by effective implementation, the introduction of gender-sensitive way of asylum processes, protection against violence, and access to justice, and the implementation of social and economic integration.