Abstract
The traditional principles on which the right of refugees is based have undergone a significant transformation due, in no small measure, to the asylum claims presented by women fleeing their countries as a result of gender-based persecution. The purpose of this paper is to discuss the extent to which this reality has been incorporated into national and international legislation, the interpretations that have followed, and to analyse some of the foundational legal instruments of the Refugee Law such as the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, as well as Chilean legislation. From this analysis, we gather that, in the absence of initial recognition of persecution on grounds of gender, this has been gradually implemented in international guidelines and internal legal systems via their refugee Laws, as in the case of Chile.
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