Recently I have been quite engaged with the topic of women-specific reasons for being a refugee. In this context I have come across some very interesting facts and research information that I would like to share with you:
In 2010 around 43 000 refugees came to Austria, thousands of them women. In addition to the terrible political, ethnical or religious persecutions that women, as well as men experience in many of their home countries, countless human rights violations exist specifically against women due to their sex. Domestic violence, genital mutilation, systematic mass rape or honor killings are just a few of the many scare scenarios that take place everywhere in the world and specifically cause women physical, but also psychological and mental damage beyond belief.
Unfortunately, the actual task to protect fellow human beings and to keep them from such cruel acts of violence increasingly sinks into oblivion in Europe these days and tends to be eclipsed by the fear of the immense number of refugees. Especially in Austria there have been tightening measures in this area in the last years, such as the abolishment of legal action towards the VwGH (“Verwaltunggerichtshof” à Higher Administrative Court). The new court of second and last instance is the newly created “Asylgerichtshof” (Asylum Court), which cuts out a whole instance in the course of law refugees can take in Austria.
Fortunately, the Austrian authorities are cooperating more and more with the UNHCR (United Nations High Commissioner for Refugees) and hence continuously ensure a good and fair treatment of refugees in Austria.
Since Austria signed the Geneva Convention of 1951 on the status of refugees, the refugee status of an asylum seeker in Austria is considered by means of the refugee term used in the Geneva Convention. In Chapter 1 Article 1 Section A Clause 2 of the Convention, the term “refugee” is defined as follows:
“For the purposes of the present Convention, the term “refugee” shall apply to any person who: As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it….”
The question I was asking myself was how women-specific reasons for being a refugee can be integrated in the definition above. There had to be a way, otherwise women that fled their home country due to gender-specific persecution would not fall under the definition of “refugees” as laid down in the Geneva Convention. But that couldn’t be right…could it?
In the convention the term “refugee” itself is formulated in a “gender-neutral” way and the criteria thus equally apply to both, women as well as men. [Wildt, Frauen im Asylrecht1 (2010) 13.] However, concerning the interpretation of the term in each case, it is necessary to consider gender-specific aspects. The interpretation criteria of the UNHCR also provide for a gender-specific interpretation. Nonetheless, an explicit reason as such that qualifies women and their gender-specific persecution does not exist.
Fortunately, the UNHCR found a “solution” for this dilemma in the way that they subsumed gender-specific aspects under the criteria of a “social group”. The UNHCR defines a „social group“ as a group of people, who share a common, unalterable characteristic or who are perceived by society as one independent group. Both aspects apply to the specific case of women. This said, there is no mistaking that women definitely have to be classified as a social group and thus can be defined as “refugees” according to the Geneva Convention.
However, it is not worthwhile to just subsume the respective case under the criteria of affiliation to a social group, without taking into account other aspects that can be equally important in the context of women-specific persecution. Therefore, authorities should be aware that for female refugees women-specific persecution often constitutes a reason for flight. Thus, the gender-specific element should be taken into consideration at all times, especially during examination and processing of each case.
In my opinion, in spite of the lack of a definition of the term “social group” in the Geneva Convention, a clear interpretation of the term could be found with the assistance of the UNHCR Guidelines that can further serve as guide for individual countries, such as Austria.
So the gender-specific element within the reasons for being a refugee is factored in after all. That’s good to hear! 🙂
Classblog Summer 2014 