This thesis aims to highlight the substantive and procedural gender-based obstacles faced by women asylum seekers in the context of refugee law. For Centuries, displacements of individuals have always been motivated by various reasons: social, cultural but also legal changes needed to be implemented to adapt to new displacements of people. For example, the ‘migration crisis’ of 2015 has challenged the EU Member States and European actors to adjust and implement new instruments. For years, the visibility of women in migrations has been becoming increasingly evident, deconstructing some of the established social and
cultural paradigms based on the roots of our societies. Solutions implemented by the EU Member States do not have to undermine the values of the European Union and drive its integration, such as solidarity, hospitality, and responsibility. Therefore, inclusiveness and change have to be included in legal instruments for better reception of current and future displacements of people.
Table of Contents
Introduction
Research Framework
Research question
Method of research
Chapter 1 – Theoretical outlook
Section 1- General background
1.1.1) The feminisation of displacement: from invisible to visible
1.1.2) Persecution and women
1.1.3) Definition of gender-based persecution
Section 2- Convention grounds
1.2.1) Universalism of the 1951 Geneva Convention
1.2.2) Women and "membership of a particular social group"
Concluding Remarks
Chapter 2- EU Asylum framework and gender
Section 1- Procedural framework and gender stereotypes
2.1.1) Credibility Assessment and women asylum seekers
2.1.2) Analysis of Gender stereotypes in procedure of asylum
2.1.3) The framework of interviews and the accentuation of gender stereotypes.
Section 2- Reception and Gender
2.2.1) Legal framework
2.2.2) Gender-based violence in reception centres
2.2.3) Example of a structure of reception and impact on women asylum seekers: the Direct Provision in Ireland.
Concluding remarks
Chapter 3- Further reflection and propositions of improvement
3.1) Legal instruments
3.1.1) Imprecisions of the QD
3.1.2) Reception Directive and Human Rights
3.1.3) Proposal for establishing a common procedure
3.2) EU institutions and actors
3.2.1) Top-down improvements (from EU institutions and actors)
3.2.2) Bottom-up improvements (From Member states)
General Conclusion
Research Objectives and Themes
This dissertation examines the substantive and procedural gender-based obstacles encountered by women asylum seekers within the Common European Asylum System (CEAS), investigating whether the current framework is inherently male-centric and influenced by stereotypes that fail to adequately address the specific situation of women.
- Analysis of the male-centric theoretical framework of refugee law.
- Critique of gender-based stereotypes in credibility assessments and asylum procedures.
- Examination of gender-based violence and reception conditions, particularly within Ireland's Direct Provision.
- Proposals for legal and institutional improvements to ensure better protection and visibility for women asylum seekers.
Excerpt from the Book
1.1.1) The feminisation of displacement: from invisible to visible
Despite the revolutionary advances of the 21st century about the visibility of issues affecting women (feminicides, domestic violence…) due to the accessibility of new platforms of communication such as social networks, many gender-related issues remain invisible. However, the problem of the lack of visibility of women in public sphere is not new. As example in Western literature, the Odyssey of Omer relates the story of the valiant Odysseus was recounted while his wife Penelope waited for him at home. It could be noticed in the famous poem that the word of Penelope does not matter and her son Telemachus kindly invites her to 'return to her flats and take up her web and distaff again, for to talk is the business of men'. For a very long time, the voices of women were rejected from the public arena. Step by step, women have fought to be heard in various spheres of society. Therefore, it is relevant to mention the dichotomy of public and private spheres to understand the problems that women may face in the field of refugee law.
At first, the Convention of 1951 neglected gender as the ground to grant the status of refugee. As a result, claims of women were not adequately addressed under the Convention, which was the primary instrument governing refugee protection in international law. The generalisation of experiences of women is often made without having a whole picture of the different geographical and cultural situation of female applicants.
Summary of Chapters
Chapter 1 – Theoretical outlook: This chapter analyzes the male-centric historical roots of refugee law and discusses the interpretation of persecution and "membership of a particular social group" concerning female applicants.
Chapter 2- EU Asylum framework and gender: This chapter highlights gender stereotypes embedded in EU asylum procedures, focusing on credibility assessment, the impact of interviews, and the challenges women face in reception systems like Direct Provision.
Chapter 3- Further reflection and propositions of improvement: This chapter proposes legal and institutional reforms, including harmonizing CEAS instruments and enhancing gender-sensitive training for stakeholders to improve the protection of women migrants.
Keywords
Asylum seekers, Gender stereotypes, Refugee law, CEAS, Credibility assessment, Persecution, Direct Provision, Gender-based violence, Human rights, Membership of a particular social group, Women refugees, EU asylum policy, Reception conditions, Intersectionality, Vulnerability.
Frequently Asked Questions
What is the fundamental objective of this dissertation?
The thesis aims to analyze the substantive and procedural obstacles faced by women asylum seekers within the CEAS to understand gender issues in the context of refugee law.
What are the primary thematic areas of the study?
The study centers on the male-centric nature of refugee law, the role of gender stereotypes in asylum procedures, and the impact of reception centers on female applicants.
Which, if any, specific research question is addressed?
The research is structured around the question: Could it be said that the European asylum framework is a male-centric system, influenced by gender-based stereotypes, which does not take sufficient account of the understanding of situations and claims of women, from a substantive and procedural point of view?
Which methodologies were employed in this research?
The dissertation utilizes a qualitative research methodology, incorporating primary sources like case law and secondary sources such as academic works, alongside quantitative data from official reports and Eurostat.
What topics are covered in the main section of the work?
The main sections cover the theoretical background of refugee law, the procedural framework within the EU regarding credibility and interviews, and critiques of reception structures like Direct Provision.
What are the key terms used to characterize this work?
Key terms include gender-based persecution, credibility assessment, membership of a particular social group, and reception conditions.
How is the "benefit of the doubt" applied in claims by women?
The benefit of the doubt is an internal principle of credibility assessment meant to accept statements not fully supported by evidence, provided they are coherent, though it often remains underutilized for women due to judges' lack of knowledge regarding specific cultural or gender-based contexts.
What specific issues regarding gender are raised in the context of Direct Provision in Ireland?
The analysis points out that the Direct Provision structure often neglects women's specific needs, such as access to menstrual products, and limits their visibility, isolating them from society and perpetuating vulnerabilities to domestic violence.
Why are standard asylum interview structures often criticized in this thesis?
The thesis argues that standard interview methods remain stereotyped and often fail to create an environment of trust, putting an extra burden on women to prove they have suffered torture or violence while also dealing with shame and trauma.
What concrete improvements does the author suggest for EU asylum procedures?
The author proposes harmonizing standards across the EU, ensuring the automatic separation of claims for couples to prevent women's accounts from being overshadowed, and implementing mandatory gender-sensitive training for officials and judges.
- Quote paper
- Morgiane Noel (Author), The Impact of Gender Stereotypes in Asylum Claims. A Substantive and Procedural Analysis, Munich, GRIN Verlag, https://www.grin.com/document/1289751
