Guidelines for Women's Asylum Claims

Abstract

These Guidelines provide a framework for analyzing and interpreting the claims of women asylum seekers as well as guidance for interviewing women applicants and assessing the evidence they present. Two broad categories of gender-related claims are identified: those where the persecution constitutes a type of harm that is particular to the applicant's gender, such as rape or genital mutilation; and those where the persecution may be imposed because of the applicant's gender, for example, because of the woman's violations of societal norms. The Guidelines provide an analysis of the individual components in the refugee definition incorporated in the United States Immigration and Naturalization Act (which is substantially that provided by the 1951 Convention 1967 Protocol), looks at evidentiary issues of particular relevance to women claimants, and finally offers procedural considerations for the adjudication of women's cases. They are intended to serve as a supplemental tool for ass-essing the claims of women who apply for asylum in the United States, but given the international dimensions to refugee protection, are also likely to be helpful in other jurisdictions