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Part I International Refugee Law— Reflections on the Scholarly Field, Ch.3 A Feminist Appraisal of International Refugee Law

Adrienne Anderson, Michelle Foster

From: The Oxford Handbook of International Refugee Law

Edited By: Cathryn Costello, Michelle Foster, Jane McAdam

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 December 2023

Gender — Asylum — Non-refoulement

This chapter appraises the gendering of refugee law, examining both feminist scholarship on cases involving persecution of people for their non-conformity to stereotypical gender roles and wider questions related to refugee experiences. While there is an evident link between gender and sexual orientation/gender identity, it primarily focuses on the experiences of women. Due in large part to feminist advocacy and scholarship, the Refugee Convention now reflects gender concerns. However, the precise meaning and content of gender is arguably less understood, and the full implications of a gendered approach have not been implemented. Tracking both normative movement and physical/geographical movement of refugees, the chapter evaluates scholarship, policy, and law to assess whether refugee law has continued to interrogate and update its understanding of ‘gender’.

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