Gender-specific persecution

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In international law and in national asylum law systems, gender-specific persecution is an umbrella term for the various reasons for an application for recognition of refugee status , for which gender plays a decisive role.

This definition of gender-specific persecution is set out in the Guidelines on Gender-Specific Persecution, which the United Nations High Commissioner for Refugees ( UNHCR ) issued in 2002 in the performance of its mandate. These reasons include forms of sexual violence as well as certain forms of discrimination based on gender or sexual orientation . These include honor killing , forced abortion , forced marriage , forced sterilization and forced mutilation such as female genital mutilation , and possibly domestic violence .

Generally speaking, discrimination as such is not one of the reasons for persecution, but systematically practiced discrimination or disadvantage with cumulative effects does, for example, "if the discrimination measures have consequences that disadvantage the person concerned to a high degree, e.g. a considerable restriction of theirs Right to earn a living, the right to practice religion or access to available educational facilities. "

Gender persecution can be invoked by both women and men. In fact, there are more women than men, and the reference to “women” here also includes girls.

European Union

In the Qualification Directive (both in Directive 2011/95 / EU and in its predecessor Directive 2004/83 / EC), Article 9 (2) f) expressly mentions “acts that are linked to gender” as acts of persecution.

In addition, the considerations for Directive 2011/95 / EU state:

It is also necessary to develop a common approach to the persecution reason “belonging to a certain social group”. When defining a particular social group, the aspects related to the applicant's gender, including his or her gender identity and sexual orientation, which may be related to certain legal traditions and customs, such as: B. genital mutilation, forced sterilization or forced termination of pregnancy, to be adequately taken into account, insofar as they are related to the applicant's well-founded fear of persecution.

Accordingly, Article 10 (1) d) of Directive 2011/95 / EU stipulates that gender-related aspects must be adequately taken into account when assessing grounds for persecution. In the previous Directive 2004/83 / EC, this consideration was optional: "Gender-related aspects can be taken into account, but taken alone do not justify the assumption that this article is applicable."

Germany

In Germany, since the Immigration Act came into force on January 1, 2005, non-state and gender-specific persecution has also been recognized as grounds for asylum. The Residence Act, newly introduced with Article 1 of the Immigration Act, regulates the residence of third-country nationals . The § 60, Abs. 1 of the Residence, which is modeled on the principle of non-refoulement in some circumstances deportation exclude explicitly recognizes the gender persecution, "A prosecution for membership of a particular social group may also occur if the threat of Life, physical integrity or freedom is linked solely to gender. ”This means that recognition as a refugee can take place if, in application of the Geneva Refugee Convention, an impending risk of persecution is established that is solely linked to gender. In the next sentence, however, the applicability of the concept of persecution is limited; In particular, it is not a matter of persecution within the meaning of Section 60 (1) of the Residence Act if the state or an international organization is willing and able to offer protection, or if there is a domestic alternative to flight.

Switzerland

Art. 3 Asylum Act , which defines the term refugee, stipulates: “The reasons for flight specific to women must be taken into account.” However, the Asylum Act does not recognize any gender-specific persecution per se, which would include persecution linked to sexual orientation.

International conventions

Blue: Ratified. Red: signed

The Istanbul Convention , in Article 59 to 61 signatory countries to recognize gender-based violence as a form of gender-based persecution and for a gender-sensitive interpretation in determining the refugee status to take care. This Council of Europe was with the exception of Azerbaijan and the Russian Federation signed by all the countries of Europe, but partly not yet ratified (as of January 2019).

See also

Web links

Individual evidence

  1. ↑ a b c Directives on international protection: Gender-specific persecution in connection with Article 1 A (2) of the 1951 Agreement and the 1967 Protocol on the Legal Status of Refugees. (PDF; 163 kB) (No longer available online.) May 7, 2002, archived from the original on January 21, 2013 ; Retrieved May 19, 2013 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.unhcr.ch
  2. ↑ Sexual Orientation and Asylum: Queer Refugees in Switzerland. Amnesty International (Switzerland), accessed May 19, 2013 .
  3. ↑ Chapter VI Articles 59 to 61 and Annex Sections 298 to 318, p. 102. Council of Europe Convention on preventing and combating violence against women and domestic violence and explanatory report. Council of Europe, 11 May 2011, accessed 19 March 2016 .
  4. ^ Signatures and status of ratification of treaty 210