INTERNATIONAL HUMANITARIAN AND REFUGEE LAW

First Draft Submission On:

Analysing and scrutinizing the Refugee convention to understand
whether “gender” should be an independent category associated
to well-founded fear of persecution to seek asylum or a refugee
status.
SUBMITTED BY:-
RUSHI SREEDHAR KUNKUPUDI
B.B.A. LLB
ROLL NO: - 358
CLASS: - D
SYMBIOSIS LAW SCHOOL, HYDERABAD
SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE
IN
SEPTEMBER 2019
UNDER THE GUIDANCE OF
PROF. AMISH ABDULLAH
Introduction

Worldwide, an estimated 35% of women have experienced family or domestic violence and
in some countries the figure is almost up to 70%. However only those who meet the
definition of a refugee can make a valid claim for asylum. The International Refugee
Convention of 1951 defines a “Refugee” as a person outside their countries or fleeing to the
other countries due to the fear of persecution on account of race, religion, nationality and
membership in a particular social group or political opinion. Gender-related persecution has
been since disregarded as “relatively trivial and frivolous” in contrast to traditional grounds
of persecution. Even though gender-related persecution claims are included under the [resent
refugee convention, thousands of women are still facing problems in seeking asylum in
different countries. To emphasise as to why gender-related persecution, especially women, is
an important category, is that there are various reported incidents where women were under
the fear of persecution and had tried to seek asylum but had failed or wasn’t given asylum.
The most suitable examples are women from Saudi Arabia, North Korea, Syria and many
other countries where women are under the well-founded fear of persecution. Dina Ali
Lasloom was a Saudi woman who had attempted to seek asylum in Australia, but was
detained in Manila. She had established the fact that her life was in danger and that her own
family would kill her, yet, she was forcibly taken by her uncles and was never to be heard of
again. Another iconic case was of Rahaf Mohammed who fled Saudi Arabia while on
vacation with her family, but was detained in Thailand on her way to Australia. Through
social media, she had urged the UNHCR to help her and give her asylum which she got in
Canada. Not only do Saudi Arabian women face these problems, North Korean women have
an even greater fear of persecution. According to various documentaries recorded on the
reports of refugees from North Korea, if women even watch romantic movies banned by the
government they would be persecuted and three generations of their family of would also be
persecuted. International phone calls were restricted and monitored and even they had a dress
code compulsion where they couldn’t cut their hair any way they want to, must wear
particular fashion and must not be way “too trendy”. This paper would focus on various case
studies relating to gender-related persecution and whether there should be a change in the
definition of refugee, or whether gender should be an independent category to the definition
to well-founded fear of persecution.
Research objectives

The main objectives of this research paper is to analyse and focus on,

 Whether there is a need to establish “gender” as an independent category associated to

well-founded fear of persecution to seek asylum or refugee status.
 Whether there is a difference between men and women who seek asylum for the fear of
persecution.
 Whether gender bias in the refugee convention continues to exclude thousands of female
asylum-seekers.
 Whether women should get a “special status” under gender-related persecution depending
on their circumstances?
 The amount of limitations western and eastern courts establish while interpreting the
relevant refugee laws further restricting the gender-related persecution victims.

Research questions

1. Should the international refugee convention consider “gender” as an independent

category associated to well-founded fear of persecution?
2. Should there be any change to the definition of “refugee”?
3. Is there a need for women to get “special status” to seek asylum depending on their
circumstances?

Research outcome

This research paper expects to answer the questions on whether the international community
should consider “gender” as an independent category for seeking asylum with case studies
and the other above mentioned research questions. The main emphasis would be on how
women are more inclined to seek asylum under the category of gender-related persecution
and answers to whether women need to get “special status” to seek asylum with various case
studies. Also, how Western and Eastern courts interpret relevant refugee laws limiting the
protection of gender-related persecution victims. This paper would also emphasise on various
suggestions and changes that could be made to the refugee convention to protect the human
rights of every person escaping from persecution.