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Gender and Refugee Law

Gender and Refugee Law Anthea Rab.erts* Women' srights :are at the forefront of Iilevelopments in international refugee law. A refugee iS.a person who is unable or unwilling toavailhimself or herself of the protection ofhis or her country, oWiing toa well-founded fear ofpersecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.! The ,archetypal refugee is a person who has fled his or her country in orliler toavoid be~g tortured by state officials on account of his or her political opinions. However, the outer limits ofthe refugee definition have been .challenged.and expanded by anumber of cases in Australia over the past decade. These cases have focused on issues ranging from persecution by non-state actors to the meaning of a 'particular socialgroup'.3 One of the most significant challenges to the traditional interpretation of the refugee definition has come from agender perspective. While the refugeedefinition appears to apply equally to men and women, in practice women have not benefited equitably from refugee protection. This inequality derives, in part, from the refugee definition having traditionally been interpreted by reference to the male-dominated public sphere. This artiole examines the recent ground-breaking case ·of the Minister for Immigration and Multicultural AjJairs v Khawar, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-022-01-900000006
Publisher site
See Article on Publisher Site

Abstract

Anthea Rab.erts* Women' srights :are at the forefront of Iilevelopments in international refugee law. A refugee iS.a person who is unable or unwilling toavailhimself or herself of the protection ofhis or her country, oWiing toa well-founded fear ofpersecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.! The ,archetypal refugee is a person who has fled his or her country in orliler toavoid be~g tortured by state officials on account of his or her political opinions. However, the outer limits ofthe refugee definition have been .challenged.and expanded by anumber of cases in Australia over the past decade. These cases have focused on issues ranging from persecution by non-state actors to the meaning of a 'particular socialgroup'.3 One of the most significant challenges to the traditional interpretation of the refugee definition has come from agender perspective. While the refugeedefinition appears to apply equally to men and women, in practice women have not benefited equitably from refugee protection. This inequality derives, in part, from the refugee definition having traditionally been interpreted by reference to the male-dominated public sphere. This artiole examines the recent ground-breaking case ·of the Minister for Immigration and Multicultural AjJairs v Khawar,

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 2002

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