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Persecution for reasons
1Who refugee?
is a person
The 1951 Geneva Convention relating to the Status of
Refugees defines a refugee as a person who is outside his
or her country of origin due to well-founded fear of being
persecuted for reasons of race, religion, nationality ,
membership in a specific social group or
political opinion and cannot or does not want to avail itself of the
protection of said country.
The most important guarantee included in the Convention
1951 is “non-refoulement,” which means that no one will be able
be returned to your country or any other place where your life
or their freedom could be in danger for any of the reasons
mentioned above.
© UNHCR/F. Pagetti
Geneva Convention and the protection
2La given to people who have fears
founded on being persecuted for reasons of
gender.(1)
Although persecution based on gender is not specifically cited
in the Convention as one of the reasons that could give rise
to the recognition of the condition
refugee according to the aforementioned definition, it must
be interpreted from a gender perspective in accordance
with the spirit and purpose of said Convention, whose
objective is to ensure the protection of people who
cannot count on the protection of their country of origin.
Women can be persecuted for the same reasons
That men. But it must be taken into account that many
Women suffer persecution, for example, in the form of sexual
violence or serious discrimination that may be related to
gender, that is, that is directed against them for
being women and for what this represents socially.
Both men and women can apply for asylum
for gender reasons, although the majority of applications
are usually submitted by women(2).
The persecution may come from the authorities in your country
of origin or non-state agents such as the family or other
members of society.
(1) The Fourth United Nations World Conference on
Women, held in Beijing in 1995, defined gender
pointing out that “it refers to the relationships
between women and men based on socially defined roles that are
assigned to one or another sex”, completing said
definition in the sense that “the term 'gender' has evolved,
differentiating itself from the word 'sex' to express that
“The reality of the situation and the roles
of women and men are social constructions subject to change.”
(2) Without discriminatory intent, the terminology that has been
used in this document is mainly in
feminine, understanding that the vast
majority of the population referred
to are women and girls.
gender and asylum
4To persecution
anyone whobased
sufferson gender it is
important to know:
1. She must not be returned to her country of origin,
nor to any other where her life or safety could be endangered.
its integrity.
2. Many refugees, even more so in the case of women
and children, have serious difficulties leaving
© Edu Compte
from their countries with the required documentation
(passport, visa) and often have no choice but to travel
without documents or with false documentation
and/or resort to trafficking networks or become victims
of human trafficking networks.
3Didbe
you know they could
refugees...?(3)
3. Among foreigners arriving in the country, it is essential
• People who fear suffering genital mutilation. to detect the presence of people as soon as possible
who may need the protection of asylum and very
• Women persecuted for refusing to abide by repressive
social norms, values or customs or suffering serious especially that of women and minors susceptible to
discrimination due to their status as women. having suffered persecution for reasons of gender.
• People who fear being victims of crimes 4. It is equally important to record your data, putting
honor or those related to dowry. their cases to the knowledge of the competent
• People who, due to their sexual orientation, are exposed authorities and the organizations and institutions specialized in
to attacks and generalized or serious discrimination. asylum seekers and refugees, in order to facilitate
the most appropriate psycho-social and legal advice.
• Women or girls who are subject to forced marriage
I'm the precocious one.
5. When faced with a person who could be a refugee or
asylum seeker, you should NEVER contact the
• People who have been victims of trafficking for the purposes of
exploitation. consular authorities of your country or other states that
They could not inform their country of origin or
• Victims of sexual violence carried out within the framework of
their own family members, unless she so states. Of what
armed conflicts, such as sexual slavery and forced
Failure to do so could jeopardize the safety of that
prostitution, forced sterilization and pregnancy.
person or his family.
• Women who suffer domestic or family violence. • Women
6. Refugees – especially if
who suffer forced family planning.
are minors— they are unaware that their experience and the
circumstances experienced in your country of origin could
(3) However, not all people who have suffered any be the reason for the special protection that guarantees
of these experiences may be recognized as refugees,
since, among other aspects, it is required that the authorities of their asylum, particularly when it comes to persecution
country does not want or cannot give them protection against such acts. based on gender.
7. Those seeking asylum have the right to a free
interpreter and legal assistance. Both the advisor
The legal representative and the interpreter should have
specific training in gender and asylum issues and be from
same sex as the applicant, if the applicant so wishes.
8. Female applicants should be given the opportunity
of asylum from being interviewed separately from
their families, by interviewers of the same sex with
specialized training in gender issues.
9. The strong threats to which some women who suffer
persecution for reasons
gender-such as trafficking victims- could
cause people not to explain the true reasons for their
fear and to tell different ones in
your asylum application.
10. In dealing with asylum seekers, and especially
with women and minors, it must be taken into account
both the possible traumatic experiences experienced
—which are not easily counted— and the factors
cultural or religious such as age and socio-educational
level. Sometimes several interviews are necessary
to establish a certain trust and have as complete a
story as possible.
11. In some cultures, the fact of having been a victim
of sexual abuse is such a stigma
that many women will hide it so as not to be rejected
and marginalized for life by the members of
their own community.
12. To evaluate these cases it is essential to know well
the situation in the country of origin, such as, for
example, the condition of women, homosexual people
and other groups before the law, their rights,
the social and cultural customs and the legal and
practical consequences of their transgression, the
existence of harmful traditional practices, the real
protection available to them and the risk they may
run if they return to that country.
Machine Translated by Google
Many women suffer
persecution directed against them for the very
fact of being women and for what this
represents socially.
The term “gender”
it has evolved,
differentiating from the
word “sex” for
express that reality
of the situation and roles
of the woman and the man
They are social constructions
subject to change
Among foreigners arriving in the
country, it is essential to detect
the presence of
of people who could
need the protection of asylum.
Facts
For more information, contact:
UNHCR cares for some 20 million people ,
ACNUR/UNHCR,
between refugees and internally displaced persons, although it is estimated
There are about 50 million in the world. 80% of the United Nations Refugee Agency
The refugee population is made up of women and children. Avda. General Perón, 32, 2º. 28020 Madrid
Tel.: 91 556 35 03 / 36 49
Nearly 1.2 million boys and girls
www.acnur.org • spama@unhcr.org
are victims of trafficking annually.
80% of the people trafficked annually are women Spanish Commission for
and girls. Refugee Assistance (CEAR)
C/ Noviciado, 5. 28015 Madrid
© Colitis
More than 300,000 minors have been Tel.: 91 555 06 98/29 08
www.cear.es • coordjuridmad@cear.es
forcibly recruited in armed conflicts and about half
are girls who, for the most part, are also used as sexual Catholic Commission Association
Protective measures taken
slaves.
Spanish Migration Agency (ACCEM)
C/ Luis Velez de Guevara, 2nd, 2nd . 28012 Madrid
In 1994 the United Nations created the position of Rapporteur Female Genital Mutilation affects 3 million
Tel.: 91 532 74 78 / 9
Special on violence against women. of girls annually in 28 countries in Africa, Asia and www@accem.es • juridico@accem.es
the Middle East.
UNHCR has developed guidelines on
International Committee
gender-based persecution as orientation One in three women in the world has been beaten,
of Rescue Spain (RESCATE)
legal protection to those who work on asylum issues, as well as mistreated or forced to have sexual relations. C/ Luchana, 36, 4º D. 28010 Madrid
guides on the protection of refugee women, Tel.: 91 447 28 72 / 91 447 29 60
Between 15 and 44 years of age, the same occurs www.ongrescate.org • rescate@ongrescate.org
including prevention against sexual violence.
number of deaths of women from acts of violence than from
cancer. International Amnesty
The European Union Directive on the Definition of a
C/ Fernando VI, 8, 1º . 28004 Madrid
Refugee expressly includes the possibility for states to Germany, Australia, Canada, the United States, Tel.: 902 119 133
recognize acts of persecution. France, New Zealand, the United Kingdom and www.es.amnesty.org
acts of physical or psychological violence, including Spain are among the growing number of countries that have
sexual violence, making express reference, within the possible granted refugee status on the basis of gender-based Women's Link Worldwide
C/ Zurbarán, 18, 2º. 28010 Madrid
reasons for persecution, to the orientation persecution. Tel.: 91 185 19 04
sexual and sex. www.womenslinkworldwide.org
The United Nations Committee on the Elimination of
HOPE Project
Discrimination against Women, in its report Postal Box 50,905. 28080 Madrid
on Spain of 2004, urges our country to grant full Tel.: 91 386 06 43 / 607 542 515
info@proyectoesperanza.org
protection, under the 1951 Geneva Convention relating to
ACNUR/
Spindler
www.proyectoesperanza.org
W.
©
the Status of Refugees, to women victims of trafficking.
Funded by:
Sexual violence has been explicitly included
as a war crime and crime against humanity in the Secretary of state
of Immigration and
statutes of the special courts established by the MINISTRY
emigration
United Nations to investigate crimes committed in OF WORK General Directorate
AND SOCIAL AFFAIRS of Integration
of Immigrants
the former Yugoslavia and in Rwanda, as well as in the
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International Criminal Court.
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