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Application of Gender Guidelines within the Asylum Determination Process: from Reflections on the UK and Canadian Experience

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Chapter Summary

Gender guidelines facilitate a gender sensitive interpretation of the 1951 Refugee Convention definition. Canada introduced guidelines in 1993, the United Kingdom (UK) in 2000 and this chapter reflects on how these guidelines have impacted the Canadian and UK refugee determination processes respectively. In the UK, the Home Office in 2001 produced gender-differentiated statistics on asylum applications and initial decisions. However there has been no quantitative analysis of the number of claims by women in which gender is invoked as a reason for their claim. The UK Guidelines, when being prepared, recognised the value of the Canadian Guidelines. It could be expedient to follow the Canadian example and make reference to the UK Guidelines a mandatory requirement for decision-makers. This commends in making the UK Guidelines an integral part of the asylum determination process and thereby ensuring not only a gender sensitive interpretation, but also a gender sensitive determination procedure.

Keywords: asylum determination process; Canada; gender guidelines; gender sensitive interpretation; UK; women



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