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Let Me Be a RefugeeAdministrative Justice and the Politics of Asylum in the United States, Canada, and Australia$
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Rebecca Hamlin

Print publication date: 2014

Print ISBN-13: 9780199373307

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780199373307.001.0001

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Asylum for Women

Asylum for Women

Reading Gender into the Refugee Definition

Chapter:
(p.121) Chapter 7 Asylum for Women
Source:
Let Me Be a Refugee
Author(s):

Rebecca Hamlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199373307.003.0007

The framers of the Refugee Convention did not anticipate gender-based refugee claims, and the early jurisprudence was not built to incorporate them. The United Nations High Commissioner for Refugees has pressured receiving states to adapt to these types of claims, but each country has done so in a different manner. The Canadian administrative agency has developed innovative jurisprudence to incorporate these new types of claims within the refugee definition. The various players of the American refugee status determination regime have battled over whether or not gender claims can be accepted and have made some incremental progress. In Australia, the High Court has issued some generous decisions on gender, which have inspired regressive legislation in parliament. Thus, there have been a wide range of state responses in the face of new developments on the ground.

Keywords:   gender, refugee, asylum, United States, Canada, Australia, international law

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