Women's Human Rights Resources Database


Your search for the subject "Migration" found 117 records.

[ Articles Documents Links ]

Click each title for item details
Abramson, Kara, Beyond Consent, Toward Safeguarding Human Rights: Implementing the United Nations Trafficking Protocol, 44(2) HARVARD INTERNATIONAL LAW JOURNAL, 473-502 (2003).

The author focuses on human rights aspects of the UN Trafficking Protocol. She notes that much of the discussion regarding human trafficking of women has focused on sex work and the issue of consent. In order to better protect the human rights of trafficked persons and to formulate a series of options for trafficking legislation that are not encumbered by the shortcomings of myopic attention to consent, she argues that the discussion should be broadened to consider other economic and social factors. After an analysis of both sides of the consent debate, she proposes an alternative trafficking definition that centers on illicit transport or harbouring of a person for unregulated or improperly regulated forms of labour. [Descriptors: Migration - Trafficking, International]

Adams, Laura S., Beyond Gender: State Failure to Protect Domestic Violence Victims as a Basis for Granting Refugee Status, 24(2) THOMAS JEFFERSON LAW REVIEW, 239-247 (2002)

This brief essay addresses the debate over whether victims of domestic violence should be able to claim refugee status. The author notes that the greatest challenge in advancing this type of refugee claim is that domestic violence is private in nature and argues that refugee advocates have failed to clearly articulate the role of the state within domestic violence. The essay examines the particular elements of the refugee definition which are of greatest issue for those seeking refugee status due to domestic violence. In conclusion the author states that there is a need to shift the focus in cases of domestic violence towards the role of the state which will constitute a move beyond simply examining the gender dimensions of the problem. [Descriptors: Migration - Refugees and Immigration, Violence Against Women, International]

Adjin-Tettey, Elizabeth, Reconsidering the Criteria for Assessing Well-Founded Fear in Refugee Law, 25 MANITOBA LAW JOURNAL, 127-151 (1997)

The article focuses on the international legal definition of a well-founded fear of persecution. The article surveys the interpretation of this element of the refugee definition within domestic courts, particularly those in Canada. The author argues that the traditional objective test often fails to incorporate the nature of a well-founded fear for women refugee claimants who have been victims of a sexual assault. The second part of the article focuses on the means for establishing and assessing the appropriate threshold of a well-founded fear. The author argues that it is appropriate to consider the claimant's own credibility and her particular circumstances in making this assessment. [Descriptors: Migration - Refugees and Immigration, Canada]

Adjin-Tettey, Elizabeth, Baker v. Canada (Ministry of Citizenship and Immigration), 12(2) CANADIAN JOURNAL OF WOMEN AND THE LAW 454-63 (2000)

Although women immigrants are not the specific focus of this article, this case comment demonstrates women's interaction with the immigration determination system in Canada. The Baker case considers the request for humanitarian and compassionate consideration by a woman who entered Canada illegally and worked as a live-in domestic. The focus in this article is on the specific considerations of the best interest of the children of Baker, with a discussion of the incorporation of considerations of Canada's international legal obligations. [Descriptors: Migration - Refugees and Immigration, Canada].

Agustín, Laura M., A Migrant World of Services, 10(3) SOCIAL POLITICS, 377-396 (2003).

This article analyzes historical concepts that marginalize women's domestic, caring and sexual labour as non-work, and the impact on female migrant workers in Europe. In her discussion of the non-recognition of housework and sexual labour as productive work, the author notes that these forms of labour are precisely those widely offered to migrant women. Furthermore, she argues that the international community's fixation on trafficking and prostitution ignores the day-to-day situation of women migrants who are expected to provide sexual services alongside domestic and care work. She concludes that "the world of services in which migrant women live [&] could be ameliorated considerably by the adjustment of long-pending gender inequalities in the consideration of what is work". [Descriptors: Migration - Labour Migration, International - Europe]

Akibo-Betts, Sonia, The Canada-US Safe Third Country Agreement: Why The U.S. Is Not a Safe Haven for Refugee Women Asserting Gender-Based Asylum Claims, 19 WINDSOR REVIEW OF LEGAL AND SOCIAL ISSUES, 105-129 (2005)

This article discusses the impact of the safe third country agreement between Canada and the United States which came into effect in 2004. The paper argues that this agreement will prevent Canada from fully protecting women refugees' claims of gender-based persecution. The article begins by reviewing the substance of the Agreement of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nations of Third Countries. The article then highlights some of the challenges facing female refugees and why they may prefer to make asylum claims in Canada. The third part of the article contains a detailed assessment of the procedural and jurisprudential elements of the US asylum system to demonstrate the barriers facing women attempting to put forward a claim for asylum under gender-based persecution. [Descriptors: Migration - Refugees and Immigration, Canada]

Allain, Jean, Rantsev v Cyprus and Russia: The European Court of Human Rights and Trafficking as Slavery, 10(3) OXFORD HUMAN RIGHTS LAW REVIEW, 546-557 (2010).

This article analyses the European Court of Human Rights' 2010 decision in Rantsev v Cyprus and Russia, which demonstrates the Court's willingness to address sex trafficking of women in Europe. This article identifies a key problem in the Court's analysis in Rantsev: its failure to distinguish clearly between trafficking and slavery. As it addresses Article 4 of the European Convention on Human Rights, the Court does not clarify the legal distinctions between types of human exploitation including forced labour, servitude or slavery.

Jean Allain, Rantsev v Cyprus and Russia: The European Court of Human Rights and Trafficking as Slavery (2010) 10:3 Oxford Human Rights Law Review 546.

Almeida, Ligia Moreira, Caldas, Jose Peixoto, Ayres-de-Campos,Diogo, Assessing Maternal Healthcare Inequalities Among Migrants: A Qualitative Study , 30(2) ARTIGO, 333-340 (2014)

This article examines access to healthcare services for pregnant migrant women. The authors conducted a study consisting of semi-structured interviews with 25 migrant women from Eastern Europe, Africa, Brazil, and Portugal. Participants were asked questions about their experiences with pregnancy and post-partum care, family planning and contraception, and any other particular barriers they faced. The authors identify barriers and hardships these migrant women faced in their pregnancies, including: language barriers, cultural differences, poverty, limited access to pre-natal care and healthcare facilities, and the daily stress of migrant life. The authors discuss the discrepancies in the experiences of women from different countries, and those with different socio-economic statuses and educational backgrounds. The article includes recommendations to better address the needs of pregnant migrant women and fostering stronger, more communicative relationships with these women over the course of their pregnancies.

View Article - [PDF Format requires pdf reader]

Amiel, Alexandra, Integrating a Human Rights Perspective into the European Approach to Combating the Trafficking of Women for Sexual Exploitation, 12 BUFFALO HUMAN RIGHTS LAW REVIEW, 5-56 (2006)

This article examines the European approach to combating human trafficking, with a focus on the trafficking of women into and within the European Union (EU). This article begins by examining human trafficking within the EU, and considers current international and European strategies to combat trafficking. Highlighting the shortcomings of criminal approaches, the author emphasizes the importance of adopting a rights-based approach to prevent human trafficking. She argues that states violate their international obligations when they ignore the victims human rights. The author then provides a comprehensive analysis of the Council of Europe Convention on Action against Trafficking in Human Beings (2005) and recommends states follow this model, which adopts an integrated approach focused on both criminalizing trafficking and protecting victims human rights.

View Article - [OTHER Format]

Anker, Deborah E., Refugee Law, Gender, and the Human Rights Paradigm, 15 HARVARD HUMAN RIGHTS JOUNRAL, 133-154 (2002).

This article discusses both the relationship and the tension between international human rights law and refugee law. The author specifically focuses on the expansion of refugee law under the human rights paradigm which has resulted in the development of gender asylum law. The article examines three issue areas which concern the intersection of gender, refugee law, and the human rights agenda: rape and sexual violence; female genital surgery; and family violence. The main argument is that refugee law needs to be transformative in its interpretations in order to fully recognize the reality of women's experiences. The article looks towards further developments in refugee law, such as the inclusion of economic and social rights in refugee claims and the challenges of addressing cultural relativism. [Descriptors: Migration - Refugees and Immigration, International]

Arriola, Elvia R., Voices from the Barbed Wires of Despair, Women in the Maquiladoras, Latina Critical Theory and Gender at the U.S. Mexico Border, 49(3) DEPAUL LAW REVIEW, 729-816 (2000).

This article discusses the situation of women workers (including migrant workers) in maquiladoras, or assembly plants, located near the border between the US and Mexico. The author grounds her approach in Latina critical legal theory in order to examine how maquildoras perpetuate systemic racial and sexual exploitation of women and girls at the border. Job structure, sex segmentation, pay equity and human rights issues at maquiladoras are analyzed as the author argues that while maquiladoras have increased women's participation in the Mexican labour market, they have failed to improve the quality of life for women workers. The author also situates her discussion of maquiladoras within a larger discussion of the US-Mexico border, smuggling, NAFTA and American border policies. [Descriptors: Migration - Labour Migration, International]

Balos, Beverly, The Wrong Way to Equality: Privileging Consent in the Trafficking of Women for Sexual Exploitation, 27 HARVARD WOMEN'S LAW JOURNAL, 137-176 (2004).

The author analyzes the focus of international attention to the issue of consent related to sex trafficking. She begins with an examination of the treatment given by international documents to trafficking of women for prostitution. She then discusses the demand side of sex trafficking and ends with an analysis of the consequences of treating consent as determinative of whether sex trafficking is a human rights violation. She argues that "this focus on consent obscures the larger issue of gender inequality that underlies and fuels the sex trafficking and prostitution industries. In order to address the inequality inherent in trafficking for sexual exploitation, the international human rights community should return to its stance in early documents that do not allow consent as a defense to trafficking but instead focus on the harm done". [Descriptors: Migration - Trafficking, International]

Belleau, Marie-Claire, Mail-Order Brides in a Global World, 67(2) ALBANY LAW REVIEW, 595-608 (2003).

This article discusses the mail-order bride industry in Canada and the United States. The author begins by summarizing the legal framework of the mail-order bride trade in both countries, focusing in particular on immigration law. She also outlines the various scenarios that await mail-order brides upon their arrival in North American, highlighting their vulnerability to human rights abuses. Factors that perpetuate the global mail-order bride trade such as inequalities between countries and international sexism are also examined. The author concludes with a serious of recommendations to improve the protection of migrant women's human rights. [Descriptors: Migration - Trafficking, International - North America]

Bernier, Chantal, IRB Guidelines On Women Refugee Claimants, INTERNATIONAL JOURNAL OF REFUGEE LAW, 167-173 (1997).

This article begins with a review of the historical development of Canada's Immigration and Refugee Board (IRB) guidelines on gender-related persecution which were adopted in 1993. The author discusses the rationale behind the adoption of the guidelines, namely the recognition that many women are persecuted solely on the basis of their sex. The author explains how the IRB implemented the guidelines and how the Canadian courts have interpreted and endorsed the guidelines, such that gender is now considered as a basis of "particular social group" for the purposes of the 1951 Refugee Convention. To illustrate the development of the "particular social group" category, the author examines the Ward decision which defines persecution, sets forth the three-pronged test for determination of membership in a particular social group and clearly states that gender may constitute the basis of particular social group within the meaning of the 1951 Convention definition of refugee. [Descriptors: Migration - Refugees and Immigration, Canada]

Binder, Andrea, Gender and the 'membership in a particular social group' category of the 1951 Refugee Convention, 10(2) COLUMBIA JOURNAL OF GENDER AND LAW, 167-94 (2001)

This article examines the prevalence of gender-related persecution and the challenges for women in securing refugee status under the social group ground of the Refugee Convention. The author begins with an overview of the Refugee Convention and notes how the specific drafting of the Convention excludes women. The article proceeds to examine developments in case law at both the international and domestic level including cases from the United States, the United Kingdom and Canada. The author concludes with the necessity to focus on improvements to the application of the existing refugee law framework in order to account for gender-related persecution in refugee claims. [Descriptors: Migration - Refugees and Immigration, International]

Birkenthal, Sara, Human Trafficking: A Human Rights Abuse with Global Dimensions, 6 INTERDISCIPLINARY JOURNAL OF HUMAN RIGHTS LAW 27, (2011-2012).

Impoverished girls and women are disproportionately affected by human trafficking. This article compares the advantages and disadvantages of utilizing state governments, intergovernmental organizations (IGOs), and nongovernmental organizations (NGOs) to tackle this transnational issue. The author argues that trafficking, as an international crime, requires a multifaceted approach that capitalizes on the advantages of state governments ability to pass preventative legislation, IGOs ability to coordinate internationally, and NGOs ability to provide grassroots aid to victims. The author is cognizant that individual nations have made great strides in combating human trafficking. However, she argues that by acting unilaterally, they are also at an inherent disadvantage. If human trafficking is to be effectively addressed, gender discrimination must be discouraged, domestic violence minimized, and equality fostered.

Sara Birkenthal, "Human Trafficking: A Human Rights Abuse with Global Dimensions" (2011-2012) 6:1 IJHRL 27 online: .

View Article - [HTML Format]

Boyd, Monica, Gender, Refugee Status and Permanent Settlement, 17(1) GENDER ISSUES, 5-25 (1999)

This article focuses on the extent to which gender constitutes a key determinant in generating refugee flows and providing humanitarian assistance. The author begins by noting that although women constitute the majority of the refugee population, they are a comparatively small number of refugee claimants in receiving states. The article proceeds to review the international legal regime and its slow incorporation of the specific issues facing women within refugee law. The article then proceeds to review two initiatives in Canada which attempt to account for the gender discrimination faced by women in advancing their refugee claims: the Guidelines on Gender-Related Persecution and the Women-at-Risk program. The author concludes by noting that although both of these programs have brought some benefits for women, women refugee claimants remain vulnerable to violations of their rights. [Descriptors: Migration - Refugees and Immigration, International, Canada]

Bresnick, Rebecca O, Reproductive Ability as a Sixth Ground of Persecution under the Domestic and International Definitions of Refugee, 21 SYRACUSE JOURNAL OF INTERNATIONAL LAW AND COMMERCE, 121-53 (1995).

This article outlines how victims of reproductive rights violations are generally unable to mount successful refugee or asylum claims because their claims do not fit into any current statutory ground for asylum. The author argues that both the international definition of refugee and the U.S. Immigration and Naturalization Act should be amended to recognize an additional ground of persecution on account of reproductive ability. The article notes that such a modification is supported by international treaties, domestic case law and policies of prior administrations, but may be difficult to introduce given the anti-immigrant sentiments in the U.S. [Descriptors: Migration - Refugees and Immigration, International]

Brocato, Vanessa, Profitable Proposals: Explaining and Addressing the Mail-Order Bride Industry Through International Human Rights Law, 5 SAN DIEGO INTERNATIONAL LAW JOURNAL, 225-266 (2004).

This article examines the mail order bride industry in the US through the lens of international human rights law. It notes that mail order bride companies are often front organizations for trafficking women into involuntary sex work or domestic service; given the violations against women's human rights, the author argues that the international community is obligated to regulate or eradicate it. Brocato first looks at the industry and evaluates it within the international human rights framework. She then discusses recent US legislation relating to the industry and ends with a series of strategies to address this phenomenon. [Descriptors: Migration - Trafficking, International]

Bruch, Elizabeth, Models Wanted: The Search for an Effective Response to Human Trafficking, 40(1) STANFORD JOURNAL OF INTERNATIONAL LAW, 1-46 (2004).

This article discusses the international community's response to human trafficking through three frameworks: law enforcement, labour rights and human rights. The author examines each approach and highlights the advantages and disadvantages of using one over the other. She notes that the current international response is problematic as it overemphasizes trafficking for the purposes of prostitution, marginalizes trafficking of less innocent victims and trafficking for other purposes, and predominantly works within the law enforcement framework while ignoring human rights and labour rights issues. She argues for a more integrated and principled response to human trafficking that prioritizes labour and human rights concerns but also considers legitimate law enforcement needs. [Descriptors: Migration - Trafficking, International]

Buhler, Shayna, Is better good enough? Canada's Live-in Caregiver Program, 12 HUMAN RIGHTS TRIBUNE (2006).

This online article assesses Canada's Live-in Caregiver Program and the impact on the human rights of women migrants who participate in the program. It outlines the structure and requirements of the program, and examines the position of supporters and critics. The author acknowledges that the program may be beneficial for some women immigrants, but questions "whether it is acceptable for Canada to lower the standard of human rights for immigrant workers simply because they are being provided with an opportunity that is potentially beneficial to them". In the end, she recommends a re-evaluation of the program in order to ensure that the human rights of immigrant women workers are better protected. [Descriptors: Migration - Labour Migration, Canada]

View Article - [HTML Format]

Castel, Jacqueline R, Rape, Sexual Assault and the Meaning of Persecution, 4 INTERNATIONAL JOURNAL OF REFUGEE LAW, 39-56 (1992).

This article assesses two United States cases which consider whether rape could qualify as persecution on the basis of political opinion: Sofia Campos-Guardado v Immigration and Naturalization Service and Olympia Lazo-Majano v Immigration and Naturalization Service. The article discusses under what conditions rape, or threats of rape, should constitute persecution warranting protection within the meaning of the Convention definition of refugee and how such claims could best be framed in the Canadian context. It also considers the evidentiary and other practical problems in making a successful refugee claim under this ground. [Descriptors: Migration - Refugees and Immigration]

Cervenak, Christine M, Promoting Inequality: Gender-Based Discrimination in UNRWA's Approach to Palestine Refugee Status, 16 HUMAN RIGHTS QUARTERLY, 300-74 (1994).

The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) defines who is a Palestinian refugee and which refugees are entitled to UN assistance. UNRWA utilizes a patrilineal model which leaves refugee women who marry non-refugee men ineligible for many benefits and disenfranchises their children. This study takes a critical look at the effects of this model and compares it to the legal norms on gender discrimination set out in conventions and other international instruments, including those established by the UN itself. [Descriptors: Migration - Refugees and Immigration, International]

Cherry, Miriam A., Race, Sex, and Working Identities: Decentering the Firm: The Limited Liability Company and Low-Wage Immigrant Women Workers, 39 U.C. DAVIS LAW REVIEW, 787-803 (2006).

Grounding her approach in Critical Race Feminist dialogue, the author proposes utilizing the Limited Liability Company (LLC) principle from business associations law to empower low-wage immigrant women workers by transforming them into business owners. She begins by analyzing the challenges that low-wage immigrant women workers face through a feminist and critical race lens. Corporate law is then examined as an under-utilized means by which to improve the social and human rights situation of low-wage immigrant women workers. She argues that the LLC structure would allow workers to protect themselves from being exploited by intermediaries who receive large proportions of their wages as well as enable workers to purchase collective benefits for the group, such as health insurance. [Descriptors: Migration - Labour Migration, International]

Chuang, Janie, Redirecting the Debate over Trafficking in Women: Definitions, Paradigms, and Contexts, 11 HARVARD HUMAN RIGHTS JOURNAL, 65-107 (1998).

This article asserts that the narrow portrayal of trafficking denies the complexity of the problem by focusing mainly on women and children recruited for the purpose of prostitution. The author provides an overview of the experiences of women who are trafficked or forced into labor/slavery-like practices. She then surveys international anti-trafficking law and proposed changes and ends by analyzing the interaction between international anti-trafficking law, domestic immigration policies and anti-prostitution laws. The analysis demonstrates that the capacity of international law to combat trafficking and forced labor/slavery-like practices turns on its ability to respond to the complexities of the range of circumstances that characterize experiences faced by victims. [Descriptors: Migration - Trafficking, International]

Cipriani, Linda, Gender and Persecution: Protecting Women Under International Refugee Law, 7 GEORGETOWN IMMIGRATION LAW JOURNAL, 11-48 (1993).

This article argues that the definition of refugee should be expanded to include those with a well-founded fear of gender persecution. Part II of this article surveys customs and laws regarding women in various regions of the world that could be considered to be a form of persecution. The customs highlighted are Islam in the Middle East, Hinduism in India, tribal customs in Africa and the machismo culture in Latin America. Part III discusses current international agreements that protect refugees and Part IV highlights the developing international appeal for an expansion of the definition of refugee to include women fleeing persecution because of their sex. Part V addresses how persecution is defined in international refugee law and Part VI argues that including gender persecution as a basis for refugee status would not result in an influx of claimants. [Descriptors: Migration - Refugees and Immigration, International]

Cole, Alison, Reconceptualizing Female Trafficking: The Inhuman Trade in Women, 26 WOMEN'S RIGHTS LAW REPORTER 97-120 (2005).

The author looks at current international approaches to female trafficking and posits its reconceptualization as a crime against humanity. She begins by providing an overview of the debate underlying the definition of trafficking women and discusses the nature of female trafficking. After an examination of current international law against female trafficking, she posits that individual state strategies remain uncoordinated and ineffective due to the broad discretion given to states under international law to implement domestic policy on prostitution and immigration. She argues that reconceptualizing female trafficking as a crime against humanity, as the International Criminal Court statute provides, creates a uniform basis from which female trafficking can be more effectively combated. [Descriptors: Migration - Trafficking, International]

Connors, Jane, Legal Aspects Of Women As Particular Social Group, INTERNATIONAL JOURNAL OF REFUGEE LAW, 159-164 (1997).

This article discusses the international response to the protection of women refugees and in particular considers the impact of feminist commentators and the women's human rights movement in forwarding this issue. The author considers the definition of refugee under the 1951 Convention, with particular emphasis on gender as constituting a social group. To illustrate, the author reviews leading Canadian, United States and Australian cases which have considered sex or gender alone, or with other characteristics, in defining social group. The author acknowledges that gender-specific claims are a recent phenomenon but argues that these claims are hindered by inconsistent interpretations of persecution under the Convention refugee definition. The author submits that broad international guidelines need to be developed for gendered claims, along the lines of the Supreme Court of Canada's decision in Ward. [Descriptors: Migration - Refugees and Immigration, International]

Conroy, Melanie A., Refugees Themselves: The Asylum Case for Parents of Children at Risk of Female Genital Mutilation, 22(1) HARVARD HUMAN RIGHTS JOURNAL, 109-131 (2008).

This article deals with parents who arrive in the U.S. claiming refugee status on the basis of fears of female genital mutilation (FGM) of their daughters. While a woman who fears FGM herself may likely qualify for asylum, the legal status of the parents seeking asylum on this basis has not been treated consistently by the courts. At the root of this inconsistency is the reliance by some U.S. courts on the fact derivative status is only offered to spouses and children of asylees, not the parents. Observers have called for an amendment in the case of parents who fear FGM for their daughters. The article points out that if decisions were made in accordance with the 1951 United Nations Convention Relating to the Status of Refugees, parents would be granted asylum. It calls for the U.S. to consistently decide these cases correctly, as is done in other Commonwealth countries, like Canada, the UK and Australia.

Melanie A Conroy, Refugees Themselves: The Asylum Case for Parents of Children at Risk of Female Genital Mutilation (2008) 22:1 Harv Hum Rts J 109.

View Article - [HTML Format]

Corrigan, Katrin, Putting the Brakes on the Global Trafficking of Women for the Sex Trade: An Analysis of Existing Regulatory Schemes to Stop the Flow of Traffic, 25(1) FORDHAM INTERNATIONAL LAW JOURNAL 151-214 (2001).

This article examines international trafficking of women for the sex trade and how states have responded. It begins with an overview of existing laws in the EU and the US that prohibit trafficking of women for the sex trade. It then analyzes existing laws in international treaties, the EU and the US, and provides experts' opinions on the gaps in existing laws. The author ends by advocating a consistent and multi-facted approach to sex trafficking. She pinpoints corruption and lack of will to create or enforce adequate anti-trafficking legislation in many source, transit and destination countries as a major roadblock to effectively addressing trafficking of women for the sex trade. [Descriptors: Migration - Trafficking, International]

Corrin, Chris, Transnational Road for Traffic: Analyzing Trafficking in Women From and Through Central and Eastern Europe, 57(4) EUROPE-ASIA STUDIES, 543-560 (2005).

This article examines the trafficking of women and girls in Central and Eastern European countries. Grounding his approach in women's human rights, the author analyzes some of the causal factors of trafficking in this region against the backdrop of dramatic political and economic change. He ends with a discussion of international legislation concerning trafficking, and suggests that the law should develop to proactively enable women and promote their rights rather than focus solely on protection. In order for such a development, he notes that what is needed is a gendered analysis of the new economic and social structures in CEE that addresses the underlying secondary position of women. [Descriptors: Migration - Trafficking, International - Europe]

Crawley, Heaven, Gender, persecution and the concept of politics in the asylum determination process, 9 FORCED MIGRATION REVIEW, 17-20 (2000).

This article raises concerns over the generalization of women's experiences into the category of persecution of a particular social group. The focus of the article is on the characterization of political which fails to recognize how women can be vulnerable to political violence even though they are participating in political activities in non-traditional ways. The author advocates that the understanding of political persecution in the refugee context must be brought within the private realm as this is where most of women's activities occur. The article concludes by noting the importance of interpretive guidelines on gender-based persecution, but also advocates for a reconceptualization of many of the ideas, including that of political activity, which form the basis for the Refugee Convention. [Descriptors: Migration - Refugees and Immigration, International]

View Article - [PDF Format requires pdf reader]

Daley, Krista , Kelley, Ninette , Particular Social Group: A Human Rights Based Approach in Canadian Jurisprudence, 12(2) INTERNATIONAL JOURNAL OF REFUGEE LAW, 148-174 (2000)

The authors of this article argue for a human rights approach to refugee law in Canada in order to encourage consistent decisions on refugee claims. The article begins with a review of Canadian jurisprudence which focuses on definitions of particular social groups. The authors then move to consider different types of groups, particularly women, and how their claims of persecution have been assessed under Canadian law. The authors argue that a human rights approach to these cases would lead to better protection of women claimants, particularly in cases of domestic violence. [Descriptors: Migration - Refugees and Immigration, Canada]

Davar, Binaifer A, Rethinking Gender-Related Persecution, Sexual Violence, and Women's Rights: A New Conceptual Framework for Political Asylum and International Human Rights Law, 6(2) TEXAS JOURNAL OF WOMEN AND THE LAW, 241-56 (1997).

In the case of Re Kasinga (1996) Fauziya Kasinga claimed the need for asylum to avoid the practice of female genital mutilation and was granted refugee status by the U.S. Board of Immigration Appeals. This article discusses the implications of this case for other gender-related asylum claims based on harmful traditional practices and/or violations of the right to bodily and sexual integrity. New definitions and future directions for political asylum and international human rights law are proposed. While Re Kasinga directly addressed political asylum, this remedy is available only to a small percentage of the women who are faced with sexual violence in their daily lives. This article moves from the focused examination of political asylum to broader conclusions on the international women's rights movement and recommends future directions for the treatment of such violence under international law. [Descriptors: Migration - Refugees and Immigration, International]

View Article - [HTML Format]
[PDF Format requires pdf reader]

De la Vega, Connie, Haley Nelson, Chelsea E., The Role of Women in Peacekeeping and Peacemaking: Devising Solutions to the Demand Side of Trafficking, 12 WILLIAM AND MARY JOURNAL OF WOMEN AND THE LAW, 437-465 (2006).

This article discusses the need for women's participation in peace processes in order to eliminate trafficking. It begins with an analysis of UN Security Council Resolution 1325. The authors discuss the disparate effect of armed conflict on women and children and the role that domestic and foreign militaries play in perpetuating trafficking in conflict situations. They also examine the maintenance of the trafficking industry in post-conflict times and the complicity of military and UN peacekeeping bodies. They argue that excluding women from peace processes sustains trafficking as peace accords and post-conflict laws grant immunity to those who traffick and sexually exploit women. They argue that it is therefore essential for women's participation in peace processes to address the gender crimes committed during war-time. They end by discussing how growing militarization of the world and the War on Terror have perpetuated trafficking beyond typical armed conflict situations. [Descriptors: Migration - Trafficking, International]

Demir, Jenna Shearer, Trafficking of Women for Sexual Exploitation: A Gender-Based Well-Founded Fear? An examination of refugee status determination for trafficked prostituted women from CEE/CIS countries to Western Europe, JOURNAL OF HUMANITARIAN ASSISTANCE, (2003)

This paper addresses the capacity for women who have been illegally trafficked into other countries to claim refugee status. The paper begins with a general review of global migration trends and the specific impact upon women. In reviewing international refugee law, the author assesses how trafficked women fulfill both the particular social group and the persecution requirements of the refugee definition. The paper assesses to what extent asylum should be granted to victims of trafficking and looks at other temporary domestic options for protection and repatriation. The annexes to the paper contain extensive information on trends in trafficking and lists of domestic laws on gender-related persecution. [Migration - Refugees and Immigration, Trafficking, International]

View Article - [PDF Format requires pdf reader]

Diep, Hanh, We Pay: The Economic Manipulation of International and Domestic Laws to Sustain Sex Trafficking, 2 LOYOLA UNIVERSITY OF CHICAGO INTERNATIONAL LAW REVIEW, 309-331 (2005).

This article examines the international economic conditions that sustain sex trafficking. The author begins by conceptualizing the illegal sex industry as an international business that seeks to minimize costs and maximize profits. She looks at the development of the illegal sex industry and the international legal framework used to approach prostitution and trafficking as well as the strategies of individual states. Her focus is an analysis of how the economic market drives the illegal sex industry by allowing traffickers and international criminal organizations to take advantage of the discrepancies between international and domestic laws. In order to eliminate trafficking, she argues that there is a need for a consistent and uniform agreement at an international level to stop the economic profitability of and demand for illegal sex. [Descriptors: Migration - Trafficking, International]

Drudy, Aoife, Credibility Assessments and Victims of Female Genital Mutilation: A Re-evaluation of the Refugee Determination Process, 14 IRISH STUDENT LAW REVIEW, 84-116 (2006).

The article examines the importance of credibility in refugee hearings and the gendered problems associated with its evaluation. The author uses female genital mutilation (FGM) as a case study, as many women claiming asylum on the grounds of FGM face difficulty in establishing credibility. The article begins by defining refugee status and the relevance of credibility in establishing a claim as per the UNHCR handbook. Next, the author discusses credibility determinations in Ireland. The article then draws links between credibility and FGM and the author concludes by proposing alternatives to the current method of credibility evaluation that may be better suited to gender-specific claims and therefore result in more accurate determinations.

View Article - [OTHER Format]

Erdman, Joanna N., Sanche, Andrea J., Talking about Women: The Iterative and Dialogic Process of Creating Guidelines for Gender-Based Refugee Claims, 3(1) JOURNAL OF LAW AND EQUALITY, 69-83 (2004).

This article focuses on the process by which guidelines on interpreting refugee law with regard to gender have developed. The focus is upon the means of communication between states, individuals, international groups and non-governmental organizations which have facilitated the development of guidelines recognizing gender-based persecution as a valid ground for claiming asylum. The second part of the article discusses how this process leads to culturally-biased norms and the general considerations of cultural relativism and women's rights. In conclusion the article emphasizes the importance of characterizing the persecution of female refugee in a way that reflects their own experiences. [Migration - Refugees and Immigration, International]

View Article - [PDF Format requires pdf reader]

Farmer, Alice, Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations: A Case Study of Sexual Violence in Guinea, 9 YALE HUMAN RIGHTS & DEVELOPMENT LAW JOURNAL, 44-84 (2006).

Using refugee camps in Guinea in 2002 as a case study, the author discusses how refugee women are frequently subject to sexual violence and sexual exploitation whiling lacking means to address these fundamental rights violations. It was found that the operation and structure of the Guinean refugee camps systematically disadvantaged women, made them dependent on men for assistance, and left them vulnerable to sexual violence. Although various governmental and non-governmental organizations worked together to fulfill state-like functions in the Guinean refugee camps, they did not provide an effective safeguard against violations of human rights. Barriers to effective rights-based refuge included lack of enforcement of laws and policies designed to protect women, limited access to justice, and ineffective accountability measures. The author argues that the protection of womens human rights must be a priority and advocates for the implementation of an accessible system of accountability for refugee women.

Alice Farmer, Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations: A Case Study of Sexual Violence in Guinea's Refugee Camps (2006) 9 Yale Human Rts & Dev LJ 44.

View Article - [HTML Format]

Farrior, Stephanie, The International Law on Trafficking in Women and Children for Prostitution: Making it Live Up to its Potential, 10 HARVARD HUMAN RIGHTS JOURNAL, 213-55 (1997).

The author argues that while there is a wide array of international treaties and resolutions relevant to ending trafficking in women and children for prostitution, enforcement is lacking. The article provides a survey and an analysis of international tools available to combat trafficking for prostitution, including conventions and treaties of the United Nations and the International Labour Organization, and United Nations Charter-based mechanisms. It also addresses the "soft law" on trafficking, including various Plans of Action adopted by United Nations bodies, and then concludes by recommending those mechanisms which activists can use most effectively in ending trafficking for prostitution. [Descriptors: Migration - Trafficking, International]

Firth, Georgina, Mauthe, Barbara, Refugee Law, Gender and the Concept of Personhood, 25(3) INTERNATIONAL JOURNAL OF REFUGEE LAW, 470-501 (2013)

This article explores the interaction between gender and international refugee law. The author shows how gender has historically not been considered in assessing refugee claims and then demonstrates the evolution towards modern refugee law, which incorporates gender considerations. While generally supportive of this shift, the author argues that current approaches to assessing gender-based refugee claims fragment the identity of refugee claimants and separate a womans gender from other aspects of her personality, including race, nationality, and religious identity. This process can be alienating because it pits aspects of an asylum seekers personality against each other. Ultimately, the author argues for incorporating the concept of "personhood" into international refugee law. The author defines "personhood" as the idea that each individual is unique and is defined by more than just the superficial characteristics of their identity. It is argued that incorporating "personhood" into refugee law would allow asylum seekers to be evaluated in a way that incorporates the individual, context specific experiences of refugee women.

View Article - [PDF Format requires pdf reader]

Fitzpatrick, Joan, Trafficking as a Human Rights Violation: The Complex Intersection of Legal Frameworks for Conceptualizing and Combating Trafficking, 24(4) MICHIGAN JOURNAL OF INTERNATIONAL LAW, 1143-1168 (2003).

This article analyzes three legal instruments that address trafficking: the 2000 UN Trafficking Protocol, the 2000 American Victims of Trafficking and Violence Protection Act, and the regulations issued in 2002 by the US Department of Justice to implement the T visa for trafficking victims. The author argues that trafficking has traditionally been conceptualized as crime and migration issues, and that human rights norms must be integrated into national strategies dealing with crime and migration in order to respect the human rights of trafficked persons. She emphasizes that discrimination against women and children, combined with severe poverty, perpetuate the sex trade; these issues must be addressed in order to effectively address trafficking. [Descriptors: Migration - Trafficking, International]

Fitzpatrick, Joan, Kelly, Katrina R, Gendered Aspects of Migration: Law and the Female Migrant, 22(1) HASTINGS INTERNATIONAL AND COMPARATIVE LAW REVIEW, 47- 112 (1998).

This paper discusses national and international responses to female migration and aims to "expose ways in which the legal regulation of migration reproduces and exacerbates the social and cultural inequalities that disempower female migrants." The authors conclude that although the international system has paid little attention to the particular needs of foreign female household workers, the law still has the potential to protect the rights of migrant workers. Recently, international law has begun to turn its attention to the violence directed at female migrant workers. For example, the Declaration on Violence Against Women and reports of the Special Rapporteur on Violence Against Women reflects a growing consensus that states must protect domestic workers from violence by their employers. The authors also discuss the problems and benefits of the International Convention on the Protection of the Rights of All Migrant Workers and their Families and the International Labour Organization's efforts to address the rights of domestics. [Migration - Refugees and Immigration, International]

Folkelius, Kristina, Noll, Gregor, Affirmative Exclusion? Sex, Gender, Persecution and the Reformed Swedish Aliens Act, 4 INTERNATIONAL JOURNAL OF REFUGEE LAW, 607-36 (1998).

This article focuses on the specific language in the Swedish Aliens Act which uses the term "persecution on account of sex" as opposed to the more common "gender-related persecution". This linguistic difference poses foreseeable problems and ambiguities which ultimately lead to questions of defining the particular range of the provision and whether it leads to discriminatory exclusion from other protection categories. The authors argue that the Swedish terminology fails to meet the requirements of the 1951 Convention relating to the Status of Refugees, and article 2(a) of the Convention on the Elmination of all Forms of Discrimination Against Women "to ensure through law the practical realization of the principle of equality of men and women". [Migration - Refugees and Immigration, International]

Fuldauer, Olivier, Granting Refuge from Islam: The Canadian Refugee Determination Process and the Casualties of Islamic Policies, 5 DALHOUSIE JOURNAL OF LEGAL STUDIES, 271-91 (1996)

This article explores refugee claims which have been accepted in Canada on a ground related to Islamic law and culture. The article includes an examination of gender discrimination under Islamic law and the impact of this discrimination upon the individual's refugee claim. The author specifically focuses upon the extent to which the Immigration and Refugee Board uses international human rights law as a standard by which to measure these particular claims of persecution under Islamic law. In conclusion, the author notes that where the claims were successful, the Board generally found that the refugee claimant was unable to access the protection of the home state. [Descriptors: Migration - Refugees and Immigration, Canada]

Gallagher, Anna Marie, Triply Exploited: Female Victims of Trafficking Networks: Strategies for Pursuing Protection and Legal Status in Countries of Destination, 19 GEORGETOWN IMMIGRATION LAW JOURNAL, 99-123 (2004).

The author examines avenues to obtain legal status in receiving countries for women who are returning to their home countries or who are unable to return due to economic need. She discusses asylum protection and looks at several cases where asylum has been considered and sometimes granted, arguing that asylum can and should be used as an available avenue to achieve relief where victims are eligible. She then analyzes the strengths and weaknesses of special trafficking visas that some countries have arranged, noting that policies that focus equally on addressing the humanitarian needs of trafficked women as well as enforcement issues are ideal. Finally, she proposes that where prostitution is legal, governments should examine the possibility of providing labour visas for foreign women who wish to work as prostitutes. [Descriptors: Migration - Trafficking, International]

Gallagher, Anne, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, 23(4) HUMAN RIGHTS QUARTERLY, 975-1004 (2001).

This article examines the UN Convention against Transnational Organized Crime as well as the Trafficking and Migrant Smuggling Protocols. The author looks at the origins of the two protocols, their content and the relationship between them. In her analysis, she highlights weaknesses and gaps that she suggests limit protection of migrants' human rights. She ends with a discussion of the protocol negotiation process and personal observations. She argues that while the Trafficking and Migrant Smuggling Protocols do not significantly expand protection of human rights, they are promising steps in the right direction. [Descriptors: Migration - Trafficking, International]

Gallagher, Anne, Trafficking, Smuggling and Human Rights: Tricks and Treaties, 12 FORCED MIGRATION REVIEW, 25-28 (2002).

This article runs through the provisions of the UN Trafficking Protocol and Migrant Smuggling Protocol. The author argues that the lack of substantive victim protection in the protocols indicates that for many governments, trafficking and smuggling are more issues of crime and border control than of human rights. On a practical level, she notes that the lack of victim protection will undermine law enforcement efforts as trafficked individuals are given little incentive to cooperate with government officials. She concludes by urging concentrated focus on the human rights of trafficked and smuggled people and greater efforts to address the roots of irregular migration. [Descriptors: Migration - Trafficking, International]

Gilbert, Lauren, Rights, Refugee Women and Reproductive Health, 44 AMERICAN UNIVERSITY LAW REVIEW, 1213-52 (1995).

This paper examines means to effectively apply human rights norms to protect and ensure reproductive rights of refugee women. The author examines the gap between refugee law and the actual practice of the United Nations High Commissioner for Refugees (UNHCR) and international donors in responding to the needs of refugee women. This examination explores the applicability of other legal and policy frameworks for addressing issues of sexual violence and reproductive health. The paper also addresses the issue of transnational versus individual state responsibility for guaranteeing to refugee women the full range of human rights. [Descriptors: Migration - Refugees and Immigration, Reproductive Rights - Overview International]

Goldberg, Suzanne B, Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men, 26 CORNELL INTERNATIONAL LAW JOURNAL 605 (1993).

This article uses a hypothetical case of a lesbian asylum seeker to illustrate the unique barriers faced by sexual minorities in making refugee claims in the United States. The article begins by noting that, in spite of global developments, many lesbians and gay men continue to face extreme persecution, including electroshock therapy, police harassment and other penalties, because of their sexual orientation. The article examines the definition of a Convention refugee and reviews judicial interpretations and legal tests derived from asylum case law, to determine the criteria for making a successful claim based on the "particular social group" classification. It concludes by considering the refugee jurisprudence of other countries to determine the feasibility of establishing an international legal standard to recognize lesbians and gay men as a particular social group. [Descriptors: Migration - Refugees and Immigration, International - North America]

Gomez, Anne M, The New INS Guidelines on Gender Persecution: Their Effect on Asylum in the United States for Women Fleeing the Forced Sterilization and Abortion Policies of the People's Republic of China, 21 NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATIONS, 621-48 (1996).

This article reviews the United States Immigration and Naturalization Service (INS) Guidelines on claims for asylum in the US due to gender-persecution and focuses especially on claims arising from population policies in China. The article discusses the UN definition of refugee and examines the impact which Canadian guidelines on gender-persecution claims have had upon those claiming asylum from China. The remainder of the article focuses on the impact within the US of these changes in policies and concludes that although there could be a positive effect for Chinese refugees, there could also be conflict with existing immigration law. [Descriptors: Migration - Refugees and Immigration, International]

Gonzalez, Wendy, Human Trafficking: Criminalization of Victims in the Sex Industry, 11 BUFFALO WOMEN'S LAW JOURNAL, 19 (2002/2003).

This article discusses international trafficking of women for the purpose of sexual exploitation. Drawing from the situations of trafficked women and girls around the world, the author looks at causal factors underlying the trafficking industry, focusing on immigration policies and criminal laws that have a negative impact on trafficked women. In the end, she argues that neither criminal convictions of trafficked women nor the legalization of prostitution are the solution to the human rights violations of trafficked persons. Rather, she urges nations to address the demand side of the industry, strengthen border control, cooperate to improve employment opportunities for women and disseminate information to potential and current victims of trafficking. [Descriptors: Migration - Trafficking, International]

Goodman, Ryan, The Incorporation of International Human Rights Standards into Sexual Orientation Asylum Claims: Cases of Involuntary "Medical" Intervention, 105 YALE LAW JOURNAL 255 (1995).

This article begins by recognizing that gays and lesbians world-wide continue to face severe persecution and state-sanctioned violence on account of their sexual orientation. The lack of clear guidelines on what constitutes persecution under the 1951 Refugee Convention often results in violence against sexual minorities being categorized as discrimination as opposed to persecution. The article argues that human rights standards should be incorporated into asylum law to help develop the concept of persecution. This discussion is applied to medical intervention imposed to try to alter individuals' sexual orientation. The article discusses two possible legal grounds for establishing involuntary medical interventions as persecution, namely the historical rationale for the 1951 Refugee Convention and the Nuremburg Code. The conclusions recommend that sexual minorities who can establish persecution using these international human rights mechanisms should be granted asylum. [Descriptors: Migration - Refugees and Immigration, International]

Gozdziak, Elzbieta, Collett, Elizabeth , Research on Human Trafficking in North America: A Review of Literature, 43(1-2) INTERNATIONAL MIGRATION, 99-128 (2005).

This article provides a literature review on research conducted on the trafficking industries in Canada, the US and Mexico. While the authors themselves do not focus on the subject of trafficking of women in North America, they survey studies, research and publications produced by academics, NGOs and governmental organizations on the topic. They identify the nature of trafficking research in North American, focusing on the types of studies conducted, research gaps and methodologies. An extensive bibliography is also included, making this article a useful resource for those looking for materials concerning trafficking women in North America. [Descriptors: Migration - Trafficking, International - North America]

Greatbatch, Jaqueline, The Gender Difference: Feminist Critiques of Refugee Discourse, 1 INTERNATIONAL JOURNAL OF REFUGEE LAW, 518-27 (1989).

Feminist critiques of the Convention refugee definition have called for the addition of gender as a prohibited ground of persecution. However, the inclusion of gender as such a ground assumes consensus on the nature of gender-based persecution. This article takes issue with recent writing on gender-based persecution, particularly the relationship between women and the State. The author proposes the adoption of a human rights-based definition of persecution, the recognition of women as a particular social group, research into and documentation of gender-specific oppression (including laws and customs), and general access to full and fair hearings as steps which could be taken to develop a comprehensive profile of gender-based refugee claims. [Descriptors: Migration - Refugees and Immigration]

Hartsough, Tala, Asylum for Trafficked Women: Escape Strategies Beyond the T Visa, 13(1) HASTINGS WOMEN'S LAW JOURNAL, 77-116 (2002).

The author discusses asylum law as a way to assist trafficked women in the US. She discusses the Victims of Trafficking and Violence Protection Act of 2000 and notes that anti-trafficking legislation tends to frame trafficking as a criminal or immigration issue while marginalizing women's human rights. In order to more effectively protect women's human rights, she maintains that anti-trafficking approaches should be women-centered. While the author finds the T visa to be one form of protection for trafficked women facing deportation, she argues that asylum law should also be used to protect the human rights of these women by granting them refugee status. [Descriptors: Migration - Trafficking, International - North America]

Hughes, Donna, Human Beings in the European Union: Gender, Sexual Exploitation, and Digital Communication Technologies, 4 SAGE 1, 1-8 (2014)

This article examines the intersection between digital communications, gender, and trafficking sexual exploitation. The author discusses how the increase in digital communications technology is correlated with trafficking of women. The author draws on recent statistics gathered by the European Union on the gender, age, and country of origin of victims of trafficking. The author discusses actual instances of human trafficking that occurred in EU member states and examines how digital technologies were used to facilitate them. The article differentiates between the use of digital technologies for trafficking for forced labour and the use of digital technologies for trafficking for sexual exploitation. The author explains that digital technologies can leave behind evidence of trafficking (which is one of the benefits of the increasing use of such technologies). The author recommends further research on these topics. She explains that the area of labour migration particularly requires further research since the dominant discourse of sexual exploitation often overshadows and confuses this separate issue.

View Article - [PDF Format requires pdf reader]

Inglis, Shelley Case, Expanding International and National Protections Against Trafficking for Forced Labor Using a Human Rights Framework, 7 BUFFALO HUMAN RIGHTS LAW REVIEW, 55-104 (2001).

This article provides an overview of how recent international debates and discussions of redefinition related to trafficking have broadened the scope of traditional perceptions of trafficking to include human rights concerns. The author begins by examining existing international legal approaches related trafficking and forced labour and their limitations. She reviews proposed solutions by government, inter-government and non-government bodies and analyzes their policy implications. Ultimately, she supports the incorporation of a human rights approach to trafficking and ends with a set of recommendations to effectively address trafficking through a human rights framework. [Descriptors: Migration - Trafficking, International]

Johnson, Andrea L., , A Perfect Storm: The U.S. Anti-Trafficking Regimes Failure to Stop the Sex Trafficking of American Indian Women and Girls, 43 COLUMBIA HUMAN RIGHTS LAW REVIEW, 617-710 (2012)

This article examines the lack of attention to trafficking of American women within US borders. Although sex trafficking affects women from all backgrounds and segments of society, Native women have experienced sexual violence and exploitation at a rate higher than any other ethnic group. Factors that make women vulnerable to trafficking, such as poverty, homelessness, sexual abuse, substance abuse and gang membership, are present in disproportionate rates in American Native communities. The author argues that the USs modern anti-trafficking efforts have failed to address and prevent the sexual, legal and social exploitation of American Native women. The author proposes that the definition of sex trafficking be more inclusive of domestic victims, that the focus be shifted from the consent of the woman to the actions of the exploiter, and that there should be increased funding for domestic and Native victim services.

Andrea L Johnson, A Perfect Storm: The U.S. Anti-Trafficking Regimes Failure to Stop the Sex Trafficking of American Indian Women and Girls (2012) 43:2 Colum HRL Rev 617.

View Article - [PDF Format requires pdf reader]

Johnson, Dianne, Trafficking of Women into the European Union, 5 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW ANNUAL (1999).

This article examines the trafficking of women from third party countries into the European Union for the purpose of sexual exploitation. The author begins by providing an overview of trafficking in the European Union, setting out the scope of the problem and describing the experience of trafficked women. A description is then given of the responses to the trafficking problem by the EU and by individual EU member states. She concludes by suggesting actions the EU and member states must take to combat the trafficking problem. She contends that the EU and its member states must not only take steps to prevent women from being brought into the EU for the purpose of sexual exploitation, they must also prosecute traffickers, and provide social support for victims. [Descriptors: Migration - Trafficking, International - Europe]

Johnsson, Anders B, The International Protection of Women Refugees: A Summary of Principal Problems and Issues, 1 INTERNATIONAL JOURNAL OF REFUGEE LAW, 221-32 (1989).

This paper examines the grounds for obtaining refugee status, the main problems faced by women, and discrimination as a protection concern. Although the 'social group' component can be advanced to include many women as refugees under the 1951 Convention, it does not address the core issue of discrimination on grounds of sex as a violation of fundamental rights, or the problems of violence specifically directed against women. Women refugees are additionally vulnerable to rape, abduction, sexual harassment, physical violence and frequently the obligation to grant 'sexual favours' in return for documentation and/or relief goods. The article concludes that refugee women must be involved in the process of analysis and program implementation to ensure lasting solutions. [Descriptors: Migration - Refugees and Immigration]

Kandt, Kristin E, United States Asylum Law: Recognizing Persecution Based on Gender Using Canada as a Comparison, 9 GEORGETOWN IMMIGRATION LAW JOURNAL, 137-180 (1995).

The author of this article advocates for a change in United States immigration and refugee policy which currently does not recognize gender-based forms of persecution. She analyzes changes in Canadian immigration policy where guidelines have been passed that recognize persecution based on gender as persecution based on a "social group" and thus falling under the relevant definition of a Convention refugee. The author concludes that United States policy must go further than the Canadian guidelines. The U.S. should amend its policy to include gender as a sixth category of recognized persecution, putting gender on par with race, ethnic origin, religion, political persecution and social group as officially recognized forms of persecution. [Descriptors: Migration - Refugees and Immigration, International - North America]

Kaufka, Katherine, The Commodification of Domestic Care: Illegitimacy of Care Work and the Exploitation of Migrant Workers, 18 GEORGETOWN IMMIGRATION LAW JOURNAL, 159-178 (2003).

In her discussion of migrant women domestic workers in the US, the author explains that American immigration and welfare policies, the US labour market and gender-based concepts that deny acknowledgement of domestic work as legitimate; all contribute to the formation of an underground economy that exploits female care workers who are primarily from developing countries. She argues that "care workers should be offered legal protections, benefits, and rights afforded to 'legitimate' forms of employment in our labor market". She ends with a discussion of possible solutions to ameliorate the situation of migrant domestic care workers. [Descriptors: Migration - Labour Migration, International - North America]

Kelson, Gregory A, Gender-Based Persecution and Political Asylum: the International Debate for Equality Begins, 6 TEXAS JOURNAL OF WOMEN AND THE LAW, 181-213 (1997).

This article argues that the category of gender is an additional ground of persecution that needs to be recognized. Part I examines various types of persecution faced by women, namely: female circumcision, rape, morality codes, and physical violence. Part II examines the current status of asylum law with respect to gender-based persecution by looking at several prominent asylum cases in the United States, Canada, France, and Australia. Part III examines domestic asylum laws and statutes, considers various international human rights instruments and closely examines Canada's guidelines for granting asylum to claimants suffering gender-based persecution. Recommendations outlined in Part IV focus on how various national governments and the United Nations should proceed in the granting of political asylum to women who claim persecution based on gender. [Descriptors: Migration - Refugees and Immigration, Violence Against Women, International]

View Article - [HTML Format]
[PDF Format requires pdf reader]

Kneebone, Susan, Women Within the Refugee Construct: 'Exclusionary Inclusion' in Policy and Practice -- The Australian Experience, 17(1) INTERNATIONAL JOUNRAL OF REFUGEE LAW, 7-42 (2005).

The article addresses the barriers facing women refugees claiming asylum in Western states and discusses the role that power and patriarchy play in constructing these barriers. The author begins with a brief background of the contemporary Australian policy on refugees. She then moves to a discussion of the specific experiences of women refugees and identifies where international law and the Australian system fail to protect the specific vulnerabilities of women. The article also contains a detailed review of domestic jurisprudence, from Australia and other Western states, on refugee claims concerning gender persecution. The author concludes that there is no need to incorporate a specific category of gender persecution; however, there is an acute necessity for a more comprehensive understanding of the issues faced by refugee women. [Descriptors: Migration - Refugees and Immigration, International]

Kusel, Victoria I., Gender Disparity, Domestic Abuse, And the Mail-Order Bride Industry, 7(1) ALBANY GOVERNMENT LAW REVIEW, 166-186 (2014)

This article explores the phenomenon of "mail-order brides". The article begins with a brief history of the industry, and goes on to demonstrate how the industry encourages men to view brides as commodities. The article argues that men who "order" brides feel as though they own the women because they pay a large amount of money for mail-order bride services. Brides are extremely vulnerable to abuse because of dependency on their husbands, lack of language skills, and unfamiliarity with local legal systems. The article concludes with suggestions on how to better protect mail-order brides including: increasing the regulation and monitoring of mail-order bride providers, improving the monitoring of resulting marriages, and providing more education to brides about their legal rights.

View Article - [OTHER Format]

Lepp, Annalee, Trafficking in Women and the Feminization of Migration: The Canadian Context, 21(4) CANADIAN WOMAN STUDIES, 90-100 (2002).

The author discusses Canada's role in the international trafficking of women. She begins by noting that the Canadian government and news media have only recently begun to pay attention to the situation of trafficked women in Canada. She then looks at the UN Trafficking Protocol and examines the international process leading to the protocol. In her discussion of the global structure of trafficking and the Canadian government's response, the author notes that the latter is based largely on law enforcement and stringent immigration policies, resulting in criminalization of migrant sex workers. She argues that a radical revision of the government's approach is necessary in order to provide better protection of women who are vulnerable to trafficking. [Descriptors: Migration - Trafficking, Canada]

Lewis, Hope, Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, 50 MAINE LAW REVIEW, 309-26 (1998).

The author explores the developing area of critical race feminist human rights, specifically in relation to the issues affecting black women who migrate from Jamaica to America. The author's central argument is that to adequately address the rights of these women, it is necessary to re-conceptualize the dominant understanding of international rights. The author stresses the need to understand that race and gender intersect in ways that international law has yet to recognize. The author concludes that international laws must be interpreted in a manner better reflective of the intersection between race and gender. [Descriptors: Migration - Refugees and Immigration, International]

View Article - [HTML Format]
[PDF Format requires pdf reader]

Lisa R. Pruitt, Migration, Development, and the Promise of CEDAW for Rural Women, 30 MICHIGAN JOURNAL OF INTERNATIONAL LAW, 707-761 (2009).

This article first outlines rural-to-urban migration in general, then the effect of migration on rural women specifically, and finally the effect of CEDAW's Article 14 on the rights of rural women. The author argues that migration has some positive effects on rural women and that CEDAW's Article 14 empowers rural women. The author documents these effects by looking at comparative case studies in China, India, Ghana and South Africa. In these case studies, the author looks at the successes achieved and limitations faced by these countries in realizing the mandates of CEDAW Article 14.

View Article - [OTHER Format]

Love, Carrie Acus, Unrepeatable Harms: Female Genital Mutilation and Involuntary Sterilization in U.S. Asylum Law, 40(1) COLUMBIA HUMAN RIGHTS LAW REVIEW, 173-230 (2008).

This article discusses how The United States Board of Immigration Appeals treats asylum claims made based on forced sterilization differently from those based on past female genital mutilation (FGM). While involuntary sterilization is considered automatic ground for asylum, the treatment of claims for asylum made on the basis of FGM is inconsistent. The article discusses the development of the different approaches and offers five reasons for the difference: gender bias, realpolitik, ideological pressure, cultural justifications, and temporal considerations. The author argues that involuntary sterilization and FGM should be treated the same and both should be grounds for asylum, holding that the current inconsistency in the law undermines the integrity of U.S. asylum policy. The article recommends two changes to address this issue: a statutory amendment to the current U.S. policy and an adoption of an integrated theoretical framework grounded in international human rights norms.

Carrie Acus Love, Unrepeatable Harms: Female Genital Mutilation and Involuntary Sterilization in U.S. Asylum Law (2008) 40:1 Colum HRL Rev 173.

View Article - [HTML Format]

Macklin, Audrey, Cross-Border Shopping For Ideas: A Critical Review of United States, Canadian and Australian Approaches to Gender-Related Asylum Claims, 13(1) GEORGETOWN IMMIGRATION LAW JOURNAL, 25-71 (1998).

The author reviews guidelines established by Canada, the United States and Australia in assessing gender-related asylum claims. Part I focuses on whether these states adequately recognize women's fear of persecution. Part II discusses the international and domestic sources of inspiration for the guidelines. Part III examines the content of the directives. Part IV reviews the actual interpretation and application of the refugee definition in a gender context by taking up such issues as the meaning of persecution, the availability of state protection, and the definition of a particular social group. [Descriptors: Migration - Refugees and Immigration, International]

Macklin, Audrey, Dancing Across Borders: 'Exotic Dancers,' Trafficking, and Canadian Immigration Policy, 37(2) INTERNATIONAL MIGRATION REVIEW, 464-500 (2003).

This article examines Canadian immigration policy concerning sex-trade workers and the extent to which this policy protects the human rights of this group of migrant women. The article begins with a review of the social justifications for these policies and assesses the extent to which the current policy could be modified to increase protection for these workers. The Canadian policy is also analyzed to determine the extent to which it falls under the international definition of trafficking. The author concludes by advocating an immigration policy based on human rights and states that such a policy would require a significant commitment of resources by the Canadian government. [Descriptors: Migration - Refugees and Immigration, Canada]

Macklin, Audrey, Refugee Women and the Imperative of Categories, 17 HUMAN RIGHTS QUARTERLY, 213-77 (1995)

This article provides a useful overview of some of the key issues facing women refugee claimants in Canada. The article refers to the Canadian Guidelines on Gender-Related Persecution to review the implications of establishing a specific category of gender within Canadian immigration law. Part I of the article examines the Guidelines in the context of Canadian and international law and assesses the potential benefits and limits of this policy. Part II incorporates specific fact patterns to demonstrate how these Guidelines may operate in practice. Part III reviews some of the main critiques against the Guidelines and Part IV consists of a more theoretical examination of dominant paradigms governing refugee and feminist discourses. [Descriptors: Migration - Refugees and Immigration, Canada]

Margulies, Peter, Asylum, Intersectionality, and AIDS: Women with HIV as a Persecuted Social Group, 8 GEORGETOWN IMMIGRATION LAW JOURNAL, 521-55 (1994).

This article explores the tension between the United States immigration policy, which generally excludes those who are HIV/AIDS positive, and the obligations of the US under international refugee law. The author argues that women with HIV/AIDS who are facing persecution in their own countries would constitute a particular social group under the definition of refugee in US law. The article also examines many of the negative perceptions regarding individuals with HIV and argues that focusing on this debate through the lens of asylum would allow for the inclusion of positive rights and freedoms. [Descriptors: Migration - Refugees and Immigration, Reproductive Rights - HIV/AIDS, International]

Martin, Susan, Refugee and Displaced Women: 60 Years of Progress and Setbacks, 3(2) AMSTERDAM LAW FORUM, 72-91 (2011)

This articles traces the progress and identifies the setbacks in providing equal and effective protection to female as well as male refugees, with reference to two important events in female refugee protection: 1) the 1951 UN Convention Relating to the Status of Refugees; and 2) the Executive Committee of the Office of the UN High Commissioner for Refugees' (UNHCR) adoption of the Guidelines on the Protection of Refugee Women. The latter event identified certain gaps in the protection of at-risk refugee women and girls. This article focuses on three such gaps: legal protection, physical security, and social and economic rights. The article suggests that, to address these gaps, it is necessary to adopt policies and programs that will enable refugee women to become actively involved in decisions that affect them and their familiesthese include improving access to employment, credit, education, skills training and adequate and safe housing; protection of refugee women against sexual exploitation; and access to health care services. The author argues that the first step in ensuring these reforms are made is the improvement of data collection.

View Article - [OTHER Format]

Mattar, Mohamed Y., Trafficking in Persons, Especially Women and Children, in Countries of the Middle East: The Scope of the Problem and the Appropriate Legislative Responses, 26(3) FORDHAM INTERNATIONAL LAW JOURNAL, 721-760 (2003).

This article provides an overview of the trafficking industry in Middle Eastern countries and examines governmental responses. Legislative responses are assessed according to the minimal standards set out in the US Trafficking Victims Protection Act of 2000. The article also looks at the UN Trafficking Protocol to evaluate Middle Eastern governments' responses and what more they need to do to meet their international obligations. The author points out that legislative approaches in this region tend to vary as not all countries have criminalized all forms of trafficking nor provided protection or assistance to trafficked persons. He concludes with a set of recommendations for legislative changes. [Descriptors: Migration - Trafficking, International - Asia]

Mattar, Mohamed Y., State Responsibilities in Combating Trafficking in Persons in Central Asia, 27 LOYOLA OF LOS ANGELES INTERNATIONAL & COMPARATIVE LAW REVIEW, 145-222 (2005).

The author calls on Central Asian governments to meet their international obligations to protect trafficked persons. He begins by describing the trafficking infrastructure in these newly independent states and the economic and political vulnerabilities of women and children. Current state approaches to trafficking are also assessed in terms of conceptualizing trafficking as a specific and serious crime, preventing trafficking, protecting and repatriating victims and prosecuting traffickers. The author argues that Central Asian governments must realize and fulfill international obligations to protect trafficked persons, that international cooperation is essential, and that underlying issues such as poverty and unemployment must be addressed in order to effectively respond to trafficking. [Descriptors: Migration - Trafficking, International - Asia]

Mawani, Nurjehan , Introduction to the Immigration and Refugee Board Guidelines on Gender-Related Persecution, 5(2) INTERNATIONAL JOURNAL OF REFUGEE LAW, 240-247 (1993)

This article by the Chairperson of the Immigration and Refugee Board provides an introduction to the Canadian Guidelines on Gender-Related Persecution. The author reviews the development of the Guidelines and discusses example concerns of women refugee claimants which the Guidelines may be able to address. There is also a consideration of practical concerns with implementation, including barriers for women in the hearing room, the role of documentation, and the monitoring of the implementation of these guidelines. [Descriptors: Refugees and Immigration, Canada]

Mawani, Nurjehan, Violation of the Rights of Women in the Refugee Context, 5 NATIONAL JOURNAL OF CONSTITUTIONAL LAW 61-77 (1995)

This article is the text of a lecture reviewing the case law and policy developments in Canada aimed at protecting the rights of women refugees. The information reviewed provides a historical background on the issues facing women who claim refugee status in Canada. The article also examines specific developments concerning protection of women refugees both internationally and in Canada. The author has included examples from the case law, especially on the interpretation of the "particular social group" criterion. The procedural mechanisms of the Immigration and Refugee Board, which are adjusted to respond to the particular needs of female refugee claimants, are also discussed. [Descriptors: Migration - Refugees and Immigration, Canada]

Mawani, Nurjehan, Introducing the Immigration and Refugee Board Guidelines on Gender-Related Persecution, 5 INTERNATIONAL JOURNAL OF REFUGEE LAW, 240-56 (1993).

The Canadian Immigration and Refugee Board Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution represent an important and innovative development for refugee law generally and for the law relating to gender-related persecution in particular. This article discusses the general process of forming the guidelines in relation to Canada's Immigration Act. It also explains the events leading up to the implementation of the guidelines on gender-related persecution and outlines several issues with respect to the guidelines: hearing room issues, the role of documentation, training initiatives and the monitoring process. [Migration - Refugees and Immigration, Canada]

Millbank, Jenni, Gender, Sex and Visibility in Refugee Claims on the Basis of Sexual Orientation, 18(2) GEORGETOWN IMMIGRATION LAW JOURNAL, 71-110 (2003)

This article examines the assumptions concerning the identity of lesbians and gays within the case law on refugee claims. The article consists of a broad and comparative study of 300 decisions on granting refugee status on basis of sexuality from Canada and Australia. The author utilizes the differences between public and private spaces to examine the distinct claims formulated by lesbians and gays. She identifies agency and visibility as key concepts in refugee law on sexuality. The article concludes that there is a push of lesbian and gay rights into the private realm, a conceptual move which will have to be addressed in the specific jurisprudence. [Descriptors: Migration - Refugees and Immigration, International]

Mullally, Siobhan, Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative?, 60(2) International and Comparative Law Quarterly, 459-484 (2011)

This article examines recent developments in international human rights law relating to domestic violence, and addresses the extent to which refugee law has integrated these developments into the adjudication process of asylum seekers. The article notes that victims of domestic violence who file asylum claims on that basis continue to face difficulties. The article surveys recent international jurisprudence and regional developments, highlighting the expanding due diligence norm. The article also provides a critical analysis of an American asylum case, "In the Matter of R-A". the article concludes that the standard of due diligence, which is increasingly being used by international and regional bodies to determine the scope of States' responsibilities in the context of domestic violence, is not being applied to assess the adequacy of State protection in asylum cases.

Nelson, Kathryn E., Sex Trafficking and Forced Prostitution: Comprehensive New Legal Approaches, 24(3) HOUSTON JOURNAL OF INTERNATIONAL LAW, 551-578 (2002).

This article examines domestic and international legal responses to trafficking in women for prostitution and sex work, and argues that international treaties cannot be effectively implemented without parallel domestic strategies. After an overview of international trafficking in women, the author discusses the development of international trafficking laws and assesses their effect on the trafficking industry. The impact of the US Trafficking and Victims Protection Act of 2000 is also analyzed. In the end, the author contends that the development of domestic legislation like the American Trafficking Act is necessary in order to respond effectively to international trafficking in women. [Descriptors: Migration - Trafficking, International]

Oloka, Onyango J, The Plight of the Larger Half: Human Rights, Gender Violence and the Legal Status of Refugee and Internally Displaced Women in Africa, 24(2,3) DENVER JOURNAL OF LAW AND POLICY, 349-94 (1996).

This article focuses on the barriers facing refugee and internally displaced women in Africa in accessing their rights, arguing that although women constitute the majority of refugee and internally displaced populations they are marginalized within many of the legal instruments. The article begins by reviewing the rights of refugee and displaced women under international law. There is a focus upon the practical elements of providing assistance in assessing the capacity of institutional actors to undertake protection activities. The article concludes with specific recommendations on developments within international human rights law to recognize the rights and needs of refugee and displaced women with greater accuracy. [Descriptors: Migration - Refugees and Immigration, International - Africa]

Oosterveld, Valerie, L, The Canadian Guidelines on Gender-Related Persecution: An Evaluation, 8 INTERNATIONAL JOURNAL OF REFUGEE LAW, 570-96 (1996).

The call for countries to adopt consistent standards for admission of women fleeing gender-related persecution was largely based on the experience of Canada and, more recently, the United States in formulating guidelines for refugee decision-makers. This article briefly outlines the background to the adoption of the Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution issued by Canada's Immigration and Refugee Board in 1993. It describes the scope of the Guidelines, the omissions that have become evident as they have been interpreted and how they can be strengthened by the incorporation of recent gender-related law. [Descriptors: Migration - Refugees and Immigration, Canada]

O'Rourke, Kate, To Have and to Hold: A Postmodern Feminist Response to the Mail-Order Bride Industry, 30(4) DENVER JOURNAL TO INTERNATIONAL LAW AND POLICY, 476-497 (2002).

This article uses postmodern feminist legal theory to analyze the mail order bride industry and its legal framework. It provides an overview of the industry and legal responses to it, focusing on the Philippines as a source country and the US as a destination country. The postmodern feminist response to the mail order bride phenomenon and gaps in legal responses to the industry is also analyzed. The author concludes that recent legal approaches have failed to address the multiple factors underlying the growth of the industry. She argues that "the postmodern approach, which acknowledges the interplay of these [cultural, economic, racial and sexual] factors, is the most appropriate". [Descriptors: Migration - Trafficking, International]

Oxman-Martinez, Jacqueline, Hanley, Jill, Gomez, Fanny, Canadian policy on human trafficking: a four-year analysis, 43(4) INTERNATIONAL MIGRATION, 7-29 (2005).

This article discusses the Canadian government's approach to human trafficking since the adoption of the UN Trafficking Protocol in 2000. The authors begin with an overview of the Trafficking Protocol and analyze Canada's efforts in three areas: prevention of human trafficking, protection of trafficking victims and prosecution of traffickers. They argue that while the Canadian government has made significant progress since 2000, greater legislative measures are necessary to protect and promote the human rights of trafficked individuals, who are often treated as criminals. They also discuss trafficking deterrence and legal protection of victims in other countries, and identify future challenges for Canadian policymakers. [Descriptors: Migration - Trafficking, Canada]

Oxman-Martinez, Jacqueline, Martinez, Andrea, Hanley, Jill, Human Trafficking: Canadian Government Policy and Practice, 19(4) REFUGE, 14-23 (2001).

This article assesses the efficacy of Canada's response to the international trafficking. It provides an overview of the global trafficking infrastructure and an analysis of legislative measures taken by the Canadian government. The authors contend that current border-control strategies employed by the Canadian government are inadequate as they focus on criminalizing "irregular movements" into the country, and neglect and threaten the human rights violations of trafficked individuals: "blanket criminalization [&] will not stop the demand for [trafficking] and will further victimize people who Canada professes to want to protect". They end with a series of recommendations for the Canadian government. [Descriptors: Migration - Trafficking, Canada]

Parker, Karen, Chew, Jennifer, Compensation for Japan's World War II War Rape Victims, 17 HASTINGS INTERNATIONAL AND COMPARATIVE LAW REVIEW, 497-549 (1994).

This article describes Japan's jugun ianfu ("comfort women") scheme and presents Japan's wartime acts in light of international human rights and humanitarian law. Focusing mainly on rape and slavery, the authors argue that these acts were in violation of then-existing customary international law. They show that the right to compensation following such violations is a fundamental principle of international law. The paper also describes the German compensation programs as a viable compensation scheme and discusses the initiatives presently before the United Nations to address these violations. Finally, the paper offers a comprehensive scheme by which the Japanese government can fulfill its obligations to provide compensation. [Descriptors: Migration - Trafficking, International - Asia]

Peters, Teresa L, International Refugee Law The Treatment of Gender-Based Persecution: International Initiatives as a Model and Mandate for National Reform, 6 TRANSNATIONAL LAW & CONTEMPORARY PROBLEMS, 225-50 (1996).

This article argues that while international law provides ample recognition of the persecution of women based on their gender, it remains ineffective due to the unwillingness of the world community to comply with its customary and specific legal obligations. This article also evaluates current international and national efforts to implement, incorporate, and expand the law, as well as proposing steps by which the world community may begin to ensure the safety and rights of women refugees through compliance with international law and norms. [Descriptors: Migration - Refugees and Immigration, International]

Potts Jr., LeRoy G., Global Trafficking in Human Beings: Assessing the Success of the UN Protocol to Prevent Trafficking in Persons, 35(1) GEORGE WASHINGTON INTERNATIONAL LAW REVIEW, 227-250 (2003).

This article assesses the impact of the UN Trafficking Protocol. It starts with an overview of international trafficking in persons and highlights major provisions in the Trafficking Protocol. Recommendations and strategies to address trafficking are also outlined by the author. The author stresses that more action is needed against trafficking: "states must build [the Trafficking Protocol's] legacy upon more than an increase in public awareness about trafficking in human beings or an increase in the number of laws to punish traffickers'. He argues that although the Trafficking Protocol is integral to the fight against trafficking, states need to cooperate on bilateral and multilateral levels, and actively prosecute and punish traffickers. [Descriptors: Migration - Trafficking, International]

Randall, Melanie, Refugee Law and State Accountability for Violence Against Women: A Comparative Analysis of Legal Approaches to Recognizing Asylum Claims Based on Gender Persecution, 25 HARVARD WOMEN'S LAW JOURNAL, 281 (2002)

This article examines the obstacles faced by women seeking asylum due to gender-based persecution. First, the author reviews the difficulties in framing gender-based persecution claims such that they fit into internationally recognized definitions and categories. The author argues that there is no reason why the use of the existing "membership in a particular social class category" cannot continue while efforts to achieve the recognition of a new category of "gender" also take place. Second, the author turns her attention to the implications of the fact that the developed refugee-receiving states themselves have not been completely effective in eliminating violence against women within their own borders. [Descriptors: Migration - Refugees and Immigration, International]

Razack, Sherene, Domestic Violence as Gender Persecution: Policing the Borders of Nation, Race and Gender, 8 CANADIAN JOURNAL OF WOMEN AND THE LAW, 48-88 (1995)

This article considers the interaction of race and gender within the refugee application process in Canada. The author argues that the system fails to recognize how the dominant social and political systems created by colonization perpetuate the violence and victimization of women. Part I consists of a theoretical examination of the subject of refugee law and how women are constructed in these scenarios. Part II examines specific cases of the Canadian Immigration and Refugee Board and finds that the claims of women fleeing domestic violence are more likely to be successful when the women present themselves as victims of the patriarchal state. In conclusion, the author argues for greater accountability for these claimants by refugee receiving states. [Descriptors: Migration - Refugees and Immigration, Race and Gender, Canada]

Rice, James, A Successful Case is Made for Granting Refugee Status to a Woman Fleeing Her Own Country to Protect Her Daughter from Female Genital Mutilation, 1 ACROSS BORDERS GONZAGA INTERNATIONAL LAW JOURNAL, 1(2000)

This article discusses the significance of the 1996 United Nations High Commissioner for Refugees (UNHCR) decision in the case of Elizebeth Kuma. In this case, the threat of female genital cutting (FGC) to the applicant's three-year-old daughter was considered sufficient grounds for recognition of her refugee status. According to the author, the ruling built on recent national developments in asylum law and sent a clear message regarding the UNHCR's stance on FGC. Because the reasoning for UNHCR rulings are not publicly available, the author refers to the various obligations found in international human rights instruments such as the Women's Convention, the Convention on the Rights of the Child (CRC) and the Convention Against Torture (CAT) that could be used to support the decision. [Descriptors: Migration - Refugees and Immigration, Reproductive Rights - Female Genital Cutting, International]

Russell, Amy M., Victims of Trafficking: The Feminisation of Poverty and Migration in the Gendered Narratives of Human Trafficking, 4 SOCIETIES 532, 532-546 (2014)

This article explores the connection between the feminisation of migration and the feminisation of poverty. Through this lens, the author examines the experience of 12 women who were trafficked from post- Soviet countries to Israel. The author explains how the "law of return" policies Israel implemented in the 1950s led to a major wave of human trafficking. Traffickers used the cover of Jewish immigrants returning to Israel to bring thousands of Eastern European women there to work in the sex trade. These women are considered illegal immigrants and are often deported upon being discovered. The author examines twelve "right to remain" letters written by women who had been trafficked for sexual exploitation purposes from post-Soviet countries. She outlines the personal experiences of these women and discusses the extent to which the letters conform to the "victim of trafficking" identity (which is linked to the feminisation of migration and poverty). The author also explores potential detrimental effects of the "victim of trafficking" stereotype. For example, it is shown that the "victim" label often silences women, denies their agency, and overly simplifies the complex realities of human trafficking.

View Article - [PDF Format requires pdf reader]

Satterthwaite, Margaret, Crossing Borders, Claiming Rights: Using Human Rights Law to Empower Women Migrant Workers, 8 YALE HUMAN RIGHTS & DEVELOPMENT LAW JOURNAL, 1-66 (2005).

The author examines the impact of the Migrant Workers Convention on women migrant workers. She advocates an intersectional approach which combats discrimination by considering multiple forms of subordination faced by victims rather than a single variable. She then analyzes human rights violations and discriminatory labour practices experienced by female migrant workers through the lens of intersectionality, and looks at how relevant human rights treaties can be invoked to better protect their rights. She argues that the international community's sole focus on the Migrant Workers Convention as the best way to protect women migrant workers' rights is misplaced, and that rights would be better protected if multiple human rights treaties were invoked. [Descriptors: Migration - Labour Migration, International]

Saunders, Penelope, Traffic Violations: Determining the Meaning of Violence in Sexual Trafficking Versus Sex Work, 20(3) JOURNAL OF INTERPERSONAL VIOLENCE, 343-360 (2005).

In her discussion of international sex trafficking and migrant sex work, the author argues that trafficking, prostitution and violence are often and mistakenly considered to be synonymous. She notes that a dominant international discourse that is based in White slavery narratives is one cause of this conflation, and she advocates a new discourse about sex work and violence that conceptualizes trafficking as an occupational hazard for migrant sex workers. She argues that such a discourse would allow migrant sex workers' experiences to not be defined solely by the issue of trafficking, but also by issues of health and human rights. [Descriptors: Migration - Trafficking, International]

Schenk, Todd Stewart, A Proposal to Improve the Treatment of Women in Asylum Law: Adding a "Gender" Category to the International Definition of "Refugee", 2 INDIANA JOURNAL OF GLOBAL LAW STUDIES, 301-44 (1994).

The current asylum laws of the international community do not adequately address the unique needs of female refugees which result from pervasive gender discrimination. This paper advocates the addition of a category of gender to the internationally recognized definition of refugee. Section II outlines the physical and sexual violence committed against women around the world. Section III reviews the international documents that form the basis of modern asylum law and applicable human rights standards. Sections IV through VI focus specifically on United States asylum laws and the problems encountered by women seeking refuge from gender-based persecution. Section VII proposes to add a gender category to the U.S. and UN definitions of refugee. [Descriptors: Migration - Refugees and Immigration, International]

Scully, Katherine, Blocking Exit, Stopping Voice: How Exclusion From Labor Law Protection Puts Domestic Workers at Risk in Saudi Arabia and Around the World, 41(3) COLUMBIA HUMAN RIGHTS LAW REVIEW, 825-881 (2010).

Globally, fifty percent of migrants are female. Migrant domestic workers are usually female and migrate on short-term contracts. This article focuses on the intersection of international human rights law and migrant domestic workers. It uses Saudi Arabia as a case study to illustrate the issues. Using Albert O. Hirschman's exit, voice, the article argues that the exclusion of migrant domestic workers from labour laws violates international human rights law. Finally, the author offers suggestions to provide migrant domestic workers with legal protection.

Katherine Scully, Blocking Exit, Stopping Voice: How Exclusion From Labor Law Protection Puts Domestic Workers at Risk in Saudi Arabia and Around the World (2010) 41:3 Colum HRL Rev 825.

View Article - [HTML Format]

Seelinger, Kim Thuy, Forced Marriage and Asylum: Perceiving the Invisible Harm, 42(1) COLUMBIA HUMAN RIGHTS LAW REVIEW, 55-117 (2010).

Many women seek refugee protection fleeing from forced marriages. However, because there is no precedent establishing forced marriage as a form of persecution, these women often have to establish their claims on related harms that already constitute persecution, such as rape,. The article discusses what constitutes forced marriage and the development of requirements for refugee protection. The author then examines the meaning of persecution and how forced marriage may fit within the definition. Following this more general discussion, the article analyzes a number of U.S. cases involving forced marriage to explore the treatment of forced marriage in asylum adjudications. The analysis identifies a number of factors in asylum adjudications involving forced marriage, including legal challenges and adjudicator misapprehensions. It concludes that forced marriage as persecution is barely addressed in U.S. asylum cases. The author concludes that forced marriages should be considered a form of persecution under domestic and international law since they deprive women of the fundamental right to freely consent to marriage.

Kim Thuy Seelinger, Forced Marriage and Asylum: Perceiving the Invisible Harm (2010) 42:1 Colum HRL Rev 55.

View Article - [HTML Format]

Sheppard, Colleen, Women as Wives: Immigration Law and Domestic Violence, 26 QUEENS LAW JOURNAL, 1-41 (2000)

This article focuses on the spousal sponsorship system in Canadian immigration law. The author argues that the current system creates significant obstacles to sponsored immigrant women with abusive spouses. The article examines the specific provisions of the sponsorship system through a human rights lens, with a focus on both the Canadian Charter of Rights and Freedoms and international human rights law. In conclusion, the author argues that the current spousal sponsorship regime needs immediate reform as it results in violations of Charter rights and international human rights law. [Descriptors: Migration - Refugees and Immigration, Canada]

Smiley, Susannah, Taking the "Force" out of Enforcement: Giving Effect to International Human Rights Law Using Domestic Immigration Law, 29 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL 339 (1999)

In this article, the author argues that domestic immigration and refugee policies can be interpreted as domestic enforcement of international human rights law obligations. The author focuses on how domestic laws are giving effect to the human rights of women refugees. Women's status as refugees constitutes an international recognition that their country of origin has violated their human rights. The author contends that United States domestic refugee law is beginning to recognize the categories of "woman" and "feminist" as particular social or political groups who can suffer persecution through violations of their rights to physical integrity, freedom from sexual violence, self-expression, and reproductive choice. The article concludes that such domestic recognition is a tool of enforcement for international human rights law because it relieves victims from persecution and draws attention to the violators of human rights. [Descriptors: Key Treaties and Texts, Migration - Refugees and Immigration, International]

Sontos, Pascual , Deanna, Maria , Human Rights and Migrant Domestic Work: A Comparative Analysis of the Socio-Legal Status of Filipina Migrant Domestic Workers in Canada and Hong Kong, 42 OSGOODE HALL LAW JOURNAL, 710 (2004).

This article examines the impact of laws and policies on the human rights and socio-legal status of Filipina migrant domestic workers who participate in Canada's Live-in Caregiver Program by comparing their situation to that of Filipina migrant domestic workers in Hong Kong. The author finds that the laws and policies in both countries allow for the mistreatment of Filipina migrant domestic workers in order to supply a demand for cheap childcare and homecare labour. She argues for reforms and re-evaluation of immigration policies in both countries to prevent the ill treatment of Filipina migrant domestic workers. [Descriptors: Migration, Labour Migration - Canada]

Thobani, Sunera, Benevolent State, Law-Breaking Smugglers, and Deportable and Expendable Women: An Analysis of the Canadian State's Strategy to Address Trafficking in Women, 19(4) REFUGE, 24-33 (2001).

This article discusses the provisions of the now defunct immigration legislation Bill C-31 tabled in the Canadian House of Commons in April 2000. Many of the core provisions in Bill C-31 were retained in Bill C-11 which created the 2002 Immigration and Refugee Protection Act. The author analyzes the proposed changes in Bill C-31 to various migrant categories including family class, temporary employment, domestic workers, extra-legal migrants, and human smuggling and trafficking. She highlights weaknesses in the proposed changes that make women migrants vulnerable to human rights abuse. She argues that the Canadian state has an obligation to improve protection of women migrants' human rights, particularly as Canadians reap the benefits of migrant women's domestic and sexual labour. [Descriptors: Migration - Trafficking, Canada]

Tiefenbrun, Susan, The Domestic and International Impact of the US Victims of Trafficking Protection Act of 2000: Does Law Deter Crime?, 2 LOYOLA UNIVERSITY OF CHICAGO INTERNATIONAL LAW REVIEW, 193-218 (2005).

The author examines the US Victims of Trafficking Protection Act of 2000 to determine the extent of its domestic and international effect on sex trafficking. She begins by outlining the provisions of the Act and then looks at the domestic impact in the US in terms of amendments to existing US criminal laws concerning trafficking; growing numbers of investigations, prosecutions, convictions of traffickers; and assistance services offered to victims. The international effect of the Act is also analyzed in terms of improved cooperation between the US and other countries regarding trafficking, the creation of new foreign anti-trafficking laws and overall reduction in sex trafficking. She concludes that the Act has achieved progress both domestically in the US and internationally in the fight against trafficking. [Descriptors: Migration -Trafficking, International]

Truong, Thanh-Dam, Human Trafficking, Globalisation and Transnational Feminist Responses, 579 INTERNATIONAL INSTITUTE OF SOCIAL STUDIES WORKING PAPER SERIES/GENERAL SERIES 1, 1-35 (2014)

This working paper explores the historical development of global, international, and transnational feminist frameworks that have been used to analyze human trafficking. The author examines the effect that globalization has had upon trafficking and the commodification of the human body. The first section of the paper examines the debate on sex trafficking, from its origins in the debate on "White slavery" to the evolution of the feminist actions, which served to develop a global initiative to address violence against women. The next section examines the need to rethink the relationships between "sex", "gender", and "power". The author explains that sex, capitalism, and patriarchy are traditionally understood as the causes of trafficking and violence against women. However, she asserts that there are pluralities of interpretations that should also be taken into account when trying to understand such causes. The final section examines similarities between sex trafficking and cross-border surrogacy. The author concludes with a discussion of the complex layering of experiences and frameworks that must be understood in order to properly address human trafficking.

View Article - [OTHER Format]

Twitty, Crystal Y., Pretty Pennies for Pretty Faces: Trafficking of Women for the International Sex Trade, 2 REGENT JOURNAL OF INTERNATIONAL LAW, 115-144 (2003).

This article seeks to raise awareness of the global trafficking of women and urge the international community to seriously protect women's human rights. It begins by discussing the international trafficking of women and the social, cultural and political factors that perpetuate the industry. An overview of existing laws to combat trafficking of women for the sex trade in the UN, the EU and the US is also provided. The author notes that while a number of international and domestic legal instruments exist, enforcement remains ineffective and inconsistent. She emphasizes that effective enforcement requires concentration on prevention, prosecution of traffickers and protection of trafficked persons. She concludes with a set of recommendations. [Descriptors: Migration - Trafficking, International]

Vakulenko, Anastasia, Gender Equality as an Essential French Value: The Case of Mme M, 9(1) OXFORD HUMAN RIGHTS LAW REVIEW, 143-150 (2009).

This article examines the case of Mme M, whose application for French nationality was rejected on the basis of her choice to wear a niqab and long cloak. She was informed that the rejection of her claim was based on her conduct being indicative of a radical religious practice, incompatible with essential French values including equality of the sexes. The author argues that liberal secular feminism and official French state ideology converge to promote anti-Muslim political agendas, while, at the same time, helping to solidify an illusion that Western French women have achieved equality.

Anastasia Vakulenko, Gender Equality as an Essential French Value: The Case of Mme M (2009) 9:1 Oxford Human Rights Law Review 143.

Valji, Nahla, Women and the 1951 Refugee Convention: Fifty Years of Seeking Visibility, 19(5) REFUGE, 25-35 (2001).

This article reviews the progress of women refugees under the 1951 Refugee Convention. The main argument is that the lack of inclusion of gender within the Refugee Convention is exacerbated by the same gap in the international legal system. The article begins with a review of the Convention itself and the feminist critique of efforts to incorporate women within the refugee definitions. The authors argue that the efforts to include women within the international legal protection regime do not account for many of the practical barriers facing women in making their particular refugee claims. [Descriptors: Migration - Refugees and Immigration, International]

Varia, Nisha, Sweeping Changes - A Review of Recent Reforms on Protections for Migrant Workers in Asia and the Middle East, 23(1) CANADIAN JOURNAL OF WOMEN AND THE LAW

This article reviews government responses to a lack of safe migration practices for female migrant workers. The article is written from the perspective of an international human rights activist and is based on six years of research and policy advocacy by Human Rights Watch in Singapore, Malaysia, Saudi Arabia, Kuwait, Bahrain, the United Arab Emirates, Lebanon, Jordan, Sri Lanka, the Philippines, and Indonesia. In host countries, gaps in labour laws, strict immigration policies, and widespread discrimination against domestic workers contribute to human rights violations. However, growing numbers of workers and an expanding domestic worker's rights movement have drawn attention from media and civil society, which has inspired governmental attempts at reform. This article focuses on recent change in three areas: labour protections, immigration regulations, and civil society mobilization.

View Article - [OTHER Format]

von Struensee, Vanessa, Globalized, Wired and Sex Trafficking in Women and Children, 7(2) E LAW MURDOCH UNIVERSITY ELECTRONIC JOURNAL OF LAW (2000).

Arguing that trafficking in women is a form of violence against women and a clear violation of fundamental human rights, the author provides a general discussion of the social, economic and legal dimensions of the problem. It is noted that trafficking regularly channels women into forced prostitution, sweatshop labour and exploitative domestic servitude. The author finds that in large part, the root of the problem lies in global economic inequalities and the poverty faced by women in developing countries and countries with economies in transition. As such, she argues that women's participation in trafficking is not voluntary, but a desperate act. Finally, various domestic and international legal reforms are proposed. The article includes some discussion of the particular situations of trafficking women in Russia and Ukraine. [Descriptors: Migration - Trafficking, International]

View Article - [HTML Format]

Walker, Kristen L., Sexuality and Refugee Status in Australia, 12(2) INTERNATIONAL JOURNAL OF REFUGEE LAW, 175-211 (2000).

This article examines the development of Australian jurisprudence on refugee claims of gays, lesbians, bisexuals, transgendered and HIV-positive individuals. The article contains detailed discussion of international refugee law and the characterization of homosexuality as a particular social group under the 1951 Refugee Convention. The article also includes comparisons with jurisprudence from other countries including Canada, the US, and the UK. The second part of the article discusses the assessment of persecution for these groups by the courts. The author concludes that the consideration of persecution by the court needs to recognize the specific nature of these claims and to apply refugee law in a non-discriminatory manner. [Descriptors: Migration - Refugees and Immigration, International]

Wallace Rebecca M., Canadian Guidelines on Women Refugees, 45 INTERNATIONAL AND COMPARATIVE LAW QUATERLY, 702-711 (1996)

Developments in contemporary international refugee law are increasingly recognizing the need for gender sensitivity. The Canadian Guidelines on Women Refugees (1993) is a recognition of this phenomenon. The paper reviews the Convention Relating to the Status of Refugees and its Protocol in order to show how the Guidelines have moved away from gender neutral to gender inclusiveness language. The paper then proceeds to examine the grounds of persecution, the assessment of fear, evidentiary issues, and the impact of the Guidelines beyond Canada. [Descriptors: Migration - Refugees and Immigration, Canada]

Warren, Priscilla F, Women are Human: Gender-Based Persecution Is A Human Rights Violation Against Women, 5 HASTINGS WOMEN'S LAW JOURNAL, 281-315 (1994).

This article begins with examples of the human rights of women being violated simply because they are women. The subsequent review of United States immigration and asylum law on gender-based persecution looks to the necessity of incorporating international law within the US law. Part I reviews the international human rights instruments relevant for the protection of women and Part II reviews the US asylum law. The article then moves to consider specific elements of the refugee definition and how they are being applied with the US. In Part VI, the author reviews the current procedures of interviewing female applicants and highlights means through which these procedures could be improved. The article concludes that gender-based persecution is an appropriate ground on which to grant asylum. [Descriptors: Migration - Refugees and Immigration, International - North America]

Weitzer, Ronald, New Directions in Research on Human Trafficking, 653(1) THE ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE, 6-24(2014)

This article critiques four popular beliefs about the seriousness and prevalence of human trafficking. The author examines "grey areas" of human trafficking and asserts that migration and trafficking are issues that are far more complex and varied than popular rhetoric reveals. He differentiates between migration and trafficking and explores how discussions about migration are often overshadowed by the dominant discourse of sexual exploitation. The author discusses how top-down, macro-level research fails to capture the reality of trafficking. He asserts that micro-level research has both qualitative and quantitative advantages over macro-level research. He explains that additional micro-level studies on both migration and trafficking should be undertaken because such studies allow for more accurate statistics, personal disclosures, and recommendations for effective policies. The author argues that such research would create a better understanding of the problems associated with both migration and trafficking and would help to establish ways to properly combat them.

View Article - [OTHER Format]

Zaman, Rima, Female Genital Mutilation: Membership in a Particular Social Group and Past vs. Future Persecution A Comparative Look at Asylum Laws for Women Who Have Been Subjected to FGM in the United States and the United Kingdom, 16 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 225-254 (2010)

The article provides a comparative analysis of the asylum laws in the US and in the UK with regards to women who have been subject to female genital mutilation (FGM). The author argues that refugee status for these women depends on whether or not they are determined to belong to a "particular social group". The author finds that this requirement is more narrowly defined in the UK than in the US, leading to the US having more lenient refugee determinations. This article contains five sections: Part I discusses current asylum laws in both countries; Part II focuses on the background and history of FGM in a global context; Part III compares the policies and case law in both countries in regards to granting asylum to women who fear persecution and subjection to FGM; Part IV focuses on past persecution for FGM and the definition of membership in a "particular social group;" and finally, Part V provides a comparative look at the legislation instituted by both countries in addressing FGM within their own borders.

View Article - [OTHER Format]

Credits and History Privacy  Bora Laskin Law Library  U of T Faculty of Law