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Vol 21 No 10 Oct/Nov 2016

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Gender in Refugee Law: From the Margins to the Centre

Edited by: Efrat Arbel, Dauvergne Catherine, Jenni Millbank

ISBN13: 9781138670419
Published: March 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £29.99
Hardback edition , ISBN13 9780415839426



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The issue of gender has had a large influence on the development of international refugee law over the last few decades, most notably with the Gender Guidelines issued in 2002 by the United Nations High Commission for Refugees. This volume assesses the progress toward equality for women in refugee law. It documents the advances that have been made following intense advocacy around the world in the 1990s, and considers to what extent gender has been successfully integrated into refugee law despite its formal exclusion. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the UNHCR Gender Guidelines, it investigates what happens to women and sexual minorities in the refugee law dilemmas of security, criminalization, harmonized protections, and regional solutions. The book looks to establish what has been accomplished and what remains to be done asking whether we have arrived at a substantive and nuanced understanding of gender related persecution in refugee law? The first part of the book is comprised of chapters addressing broad conceptual and doctrinal themes that arise at the intersection of gender and refugee law: how credibility is determined, how refugee jurisprudence requires and creates 'victimization', how the central doctrines of 'particular social group' and 'state protection' meet the challenge of gender in the refugee process, how women's claims are affected by securitization and by armed conflict, two areas that are traditionally and stereotypically masculinized. The second part of the book investigates these concepts and doctrines through specific case studies across major Western refugee receiving nations. These case studies develop stories of legal transformation and social change. They illuminate how gender has transformed refugee law through specific advocacy initiatives and strategies across several jurisdictions. The volume includes contributions from scholars and members of the advocacy community allowing for analysis of key conceptual and doctrinal developments with a reflection on how these concepts and doctrines are applied in practice.

Subjects:
Public International Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
1. Introduction: Transforming Refugee Law Through Gender, Efrat Arbel, Catherine Dauvergne and Jenni Millbank

Part 1: Successes and Failures for Gender in Refugee Law
2. The Peculiar Challenge of Particular Social Group, Michelle Foster
3. The Transformative Potential of the Due Diligence Standard, Siobhan Mullally
4. Psychological Barriers to Claiming Protection from Gender Related Persecution, Jane Herlihy
5. Gendered Victims, Connie Oxford
6. The Borders of Rights Protection: Women Refugees and the Security Agenda, Efrat Arbel
7. Women Fleeing Armed Conflict, Cristel Querton
8. Trafficking and Refugee Claims, Susan Kneebone

Part 2: Contrasting Approaches Across Western States
9. Legal Changes from the Bottom Up: The Development of Gender Asylum Jurisprudence in the United States, Deborah Anker
10. A Tale of Two Women, Karen Musalo
11. Training and Strategic Litigation in Europe, Maria Hennessy
12. Gender Related Asylum Claims in Europe, Debora Singer
13. Refugee Women and the Categorical Imperative - Reprise (Canada), Catherine Dauvergne
14. The Irony of Complementary Protection: Australia, Jenni Millbank

15. Conclusion: What's Next for Research and Advocacy, Efrat Arbel, Catherine Dauvergne and Jenni Millbank