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Challenging Myths on Sexual & Gender-Based Violence in Asylum Procedures


ISBN13: 9781839706240
Published: April 2026
Publisher: Larcier Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £135.00



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This book reveals how rape myths – incorrect beliefs about rape (survivors/perpetrators) – permeate asylum decision making. Lore Roels’ PhD, on which the book is based, translated ‘rape myths’ in the criminal justice context to ‘SGBV myths’ in the asylum context and analysed the latter’s acceptance/rebuttal in Belgian asylum decision making. A case law analysis, backed up by a survey and interviews with asylum officials and applicants, revealed that 76% of the analysed decisions relied on such myths. This occurred across all types of SGBV, regions of origin, and procedural stages/languages, regardless of the applicants' age or gender.

SGBV myth acceptance in the asylum context is an alarmingly pervasive phenomenon, calling for urgent action, both in and beyond the Belgian borders. In order to challenge these myths, this book elaborately describes the reasons for their rebuttal in law and legal, social, and health sciences. It is a guide for anyone aiming to move towards (more) gender-sensitive asylum decision making in a fundamentally interdisciplinary and care-oriented manner.

Dr. Lore Roels (she/her) obtained her PhD at the Migration Law Research Group and the International Centre for Reproductive Health at Ghent University (2021-2025). She is specialised in human rights, migration law, and gender studies at Ghent University (Bachelor and Master of Laws) and the London School of Economics and Political Science (LL.M.). Her research critically analyses asylum decision making on persons fleeing sexual, gender-based and other violence, adopting ca

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
Summary
Samenvatting
List of Abbreviations
List of Figures

PART I. INTRODUCTION
1. The Burdensome Road from Survival to Recognition: Gender (In)Sensitivity in Asylum Procedures & Decisions
2. Research Questions, Scope & Terminology
3. Ethical Framework & Positionality
4. Methodology

PART II. SGBV-RELATED ASYLUM PROCEDURES IN BELGIUM
1. Introduction
2. Institutional Analysis of SGBV-Related Asylum Procedures in Belgium
3. Conclusion

PART III. RESOURCEFULNESS, DISCLOSURE & SURVIVAL MYTHS ON THE MICRO LEVEL
1. Introduction
2. The Myth that Resourceful Applicants do not Need Protection against SGBV
3. The Myth that ‘Inappropriate’ Disclosure Undermines SGBV Flight Stories’ Credibility
4. The Myth that ‘Inappropriate’ Survival Reactions Undermine SGBV Flight Stories’ Credibility
5. Conclusion

PART IV. NON-STATE & STATE PROTECTION MYTHS ON THE MESO & EXO LEVEL
1. Introduction
2. The Myth that Applicants with Non-State Actor Support do not Need Protection against SGBV
3. The Myth that Non-Exhaustion of State Protection Implies Non-Credibility or Ill-Foundedness of SGBV Flight Stories
4. Conclusion

PART V. THE PRIVATE ISSUE MYTH ON THE MACRO LEVEL
1. Introduction
2. The Myth that SGBV is a Private Issue Excluded from the Convention Scope
3. Conclusion

PART VI. CONCLUSION: TOWARDS GENDER-SENSITIVE ASYLUM PROCEDURES & DECISIONS
1. Methodological Conclusions: Researching SGBV Mythology in the Asylum Context
2. Theoretical Conclusions: Expanding Rape Mythology to the Asylum Context
3. Legal Conclusions: Uncovering Gender Insensitivity in Asylum Procedures & Decisions
4. Recommendations: Challenging SGBV Myth Acceptance in Asylum Procedures & Decisions
5. Concluding Thoughts

Bibliography
Research Output & Valorisation
Annex
Acknowledgements