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Gender and EU Asylum Law

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Chapter Summary

This chapter looks briefly at terminology and the experiences of women. The terms "gender", "gender specific" and "gender related persecution" are often used imprecisely. This creates difficulties in analysing the issue of gender in the refugee process. Gender related persecution refers to the reason for the harm/persecution, i.e. to the Convention reason and to the ways in which men and women experience those grounds differently. During the drafting of the Refugee Convention the inclusion of "sex" in the non-discrimination clause was discussed and decided against on the basis that sex discrimination was a matter for national legislation. The chapter discusses about gendered issues and the draft directives. According to the EU, "the particular situation and needs of women" were a "key aspect taken into account while preparing the Common European Asylum System" and the "European Commission considers it important to address the particular circumstances affecting women seeking international protection"..

Keywords: Common European Asylum System; gender; refugee process; sex



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