Women's Human Rights Resources Database

This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law. Annotations describe the content of each resource. Users can search by keyword and author as well as browse by women's rights topic. Full-text documents or links to full-text documents are provided where available.
Search Results for content type Article categorized with Migration
Fitzpatrick, Joan , Trafficking as a Human Rights Violation: The Complex Intersection of Legal Frameworks for Conceptualizing and Combating Trafficking , 24(4) MICHIGAN JOURNAL OF INTERNATIONAL LAW, 1143-1168 (2003).
This article analyzes three legal instruments that address trafficking: the 2000 UN Trafficking Protocol, the 2000 American Victims of Trafficking and Violence Protection Act, and the regulations issued in 2002 by the US Department of Justice to implement the T visa for trafficking victims. The author argues that trafficking has traditionally been conceptualized as crime and migration issues, and that human rights norms must be integrated into national strategies dealing with crime and migration in order to respect the human rights of trafficked persons. She emphasizes that discrimination against women and children, combined with severe poverty, perpetuate the sex trade; these issues must be addressed in order to effectively address trafficking. [Descriptors: Migration - Trafficking, International]

 
Folkelius, Kristina, Noll, Gregor , Affirmative Exclusion? Sex, Gender, Persecution and the Reformed Swedish Aliens Act , 4 INTERNATIONAL JOURNAL OF REFUGEE LAW, 607-36 (1998).
This article focuses on the specific language in the Swedish Aliens Act which uses the term "persecution on account of sex" as opposed to the more common "gender-related persecution". This linguistic difference poses foreseeable problems and ambiguities which ultimately lead to questions of defining the particular range of the provision and whether it leads to discriminatory exclusion from other protection categories. The authors argue that the Swedish terminology fails to meet the requirements of the 1951 Convention relating to the Status of Refugees, and article 2(a) of the Convention on the Elmination of all Forms of Discrimination Against Women "to ensure through law the practical realization of the principle of equality of men and women". [Migration - Refugees and Immigration, International]

 
Fuldauer, Olivier , Granting Refuge from Islam: The Canadian Refugee Determination Process and the Casualties of Islamic Policies , 5 DALHOUSIE JOURNAL OF LEGAL STUDIES, 271-91 (1996)
This article explores refugee claims which have been accepted in Canada on a ground related to Islamic law and culture. The article includes an examination of gender discrimination under Islamic law and the impact of this discrimination upon the individual's refugee claim. The author specifically focuses upon the extent to which the Immigration and Refugee Board uses international human rights law as a standard by which to measure these particular claims of persecution under Islamic law. In conclusion, the author notes that where the claims were successful, the Board generally found that the refugee claimant was unable to access the protection of the home state. [Descriptors: Migration - Refugees and Immigration, Canada]

 
Gallagher, Anna Marie , Triply Exploited: Female Victims of Trafficking Networks: Strategies for Pursuing Protection and Legal Status in Countries of Destination , 19 GEORGETOWN IMMIGRATION LAW JOURNAL, 99-123 (2004).
The author examines avenues to obtain legal status in receiving countries for women who are returning to their home countries or who are unable to return due to economic need. She discusses asylum protection and looks at several cases where asylum has been considered and sometimes granted, arguing that asylum can and should be used as an available avenue to achieve relief where victims are eligible. She then analyzes the strengths and weaknesses of special trafficking visas that some countries have arranged, noting that policies that focus equally on addressing the humanitarian needs of trafficked women as well as enforcement issues are ideal. Finally, she proposes that where prostitution is legal, governments should examine the possibility of providing labour visas for foreign women who wish to work as prostitutes. [Descriptors: Migration - Trafficking, International]

 
Gallagher, Anne , Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis , 23(4) HUMAN RIGHTS QUARTERLY, 975-1004 (2001).
This article examines the UN Convention against Transnational Organized Crime as well as the Trafficking and Migrant Smuggling Protocols. The author looks at the origins of the two protocols, their content and the relationship between them. In her analysis, she highlights weaknesses and gaps that she suggests limit protection of migrants' human rights. She ends with a discussion of the protocol negotiation process and personal observations. She argues that while the Trafficking and Migrant Smuggling Protocols do not significantly expand protection of human rights, they are promising steps in the right direction. [Descriptors: Migration - Trafficking, International]

 
Gallagher, Anne , Trafficking, Smuggling and Human Rights: Tricks and Treaties , 12 FORCED MIGRATION REVIEW, 25-28 (2002).
This article runs through the provisions of the UN Trafficking Protocol and Migrant Smuggling Protocol. The author argues that the lack of substantive victim protection in the protocols indicates that for many governments, trafficking and smuggling are more issues of crime and border control than of human rights. On a practical level, she notes that the lack of victim protection will undermine law enforcement efforts as trafficked individuals are given little incentive to cooperate with government officials. She concludes by urging concentrated focus on the human rights of trafficked and smuggled people and greater efforts to address the roots of irregular migration. [Descriptors: Migration - Trafficking, International]

 
Gilbert, Lauren , Rights, Refugee Women and Reproductive Health , 44 AMERICAN UNIVERSITY LAW REVIEW, 1213-52 (1995).
This paper examines means to effectively apply human rights norms to protect and ensure reproductive rights of refugee women. The author examines the gap between refugee law and the actual practice of the United Nations High Commissioner for Refugees (UNHCR) and international donors in responding to the needs of refugee women. This examination explores the applicability of other legal and policy frameworks for addressing issues of sexual violence and reproductive health. The paper also addresses the issue of transnational versus individual state responsibility for guaranteeing to refugee women the full range of human rights. [Descriptors: Migration - Refugees and Immigration, Reproductive Rights - Overview International]

 
Goldberg, Suzanne B. , Give Me Liberty or Give Me Death: Political Asylum and the Global Persecution of Lesbians and Gay Men , 26 CORNELL INTERNATIONAL LAW JOURNAL 605 (1993).
This article uses a hypothetical case of a lesbian asylum seeker to illustrate the unique barriers faced by sexual minorities in making refugee claims in the United States. The article begins by noting that, in spite of global developments, many lesbians and gay men continue to face extreme persecution, including electroshock therapy, police harassment and other penalties, because of their sexual orientation. The article examines the definition of a Convention refugee and reviews judicial interpretations and legal tests derived from asylum case law, to determine the criteria for making a successful claim based on the "particular social group" classification. It concludes by considering the refugee jurisprudence of other countries to determine the feasibility of establishing an international legal standard to recognize lesbians and gay men as a particular social group. [Descriptors: Migration - Refugees and Immigration, International - North America]

 
Gomez, Anne M. , The New INS Guidelines on Gender Persecution: Their Effect on Asylum in the United States for Women Fleeing the Forced Sterilization and Abortion Policies of the People's Republic of China , 21 NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATIONS, 621-48 (1996).
This article reviews the United States Immigration and Naturalization Service (INS) Guidelines on claims for asylum in the US due to gender-persecution and focuses especially on claims arising from population policies in China. The article discusses the UN definition of refugee and examines the impact which Canadian guidelines on gender-persecution claims have had upon those claiming asylum from China. The remainder of the article focuses on the impact within the US of these changes in policies and concludes that although there could be a positive effect for Chinese refugees, there could also be conflict with existing immigration law. [Descriptors: Migration - Refugees and Immigration, International]

 
Gonzalez, Wendy , Human Trafficking: Criminalization of Victims in the Sex Industry , 11 BUFFALO WOMEN'S LAW JOURNAL, 19 (2002/2003).
This article discusses international trafficking of women for the purpose of sexual exploitation. Drawing from the situations of trafficked women and girls around the world, the author looks at causal factors underlying the trafficking industry, focusing on immigration policies and criminal laws that have a negative impact on trafficked women. In the end, she argues that neither criminal convictions of trafficked women nor the legalization of prostitution are the solution to the human rights violations of trafficked persons. Rather, she urges nations to address the demand side of the industry, strengthen border control, cooperate to improve employment opportunities for women and disseminate information to potential and current victims of trafficking. [Descriptors: Migration - Trafficking, International]

 
Goodman, Ryan , The Incorporation of International Human Rights Standards into Sexual Orientation Asylum Claims: Cases of Involuntary "Medical" Intervention , 105 YALE LAW JOURNAL 255 (1995).
This article begins by recognizing that gays and lesbians world-wide continue to face severe persecution and state-sanctioned violence on account of their sexual orientation. The lack of clear guidelines on what constitutes persecution under the 1951 Refugee Convention often results in violence against sexual minorities being categorized as discrimination as opposed to persecution. The article argues that human rights standards should be incorporated into asylum law to help develop the concept of persecution. This discussion is applied to medical intervention imposed to try to alter individuals' sexual orientation. The article discusses two possible legal grounds for establishing involuntary medical interventions as persecution, namely the historical rationale for the 1951 Refugee Convention and the Nuremburg Code. The conclusions recommend that sexual minorities who can establish persecution using these international human rights mechanisms should be granted asylum. [Descriptors: Migration - Refugees and Immigration, International]

 
Gozdziak, Elzbieta, Collett, Elizabeth , Research on Human Trafficking in North America: A Review of Literature , 43(1-2) INTERNATIONAL MIGRATION, 99-128 (2005).
This article provides a literature review on research conducted on the trafficking industries in Canada, the US and Mexico. While the authors themselves do not focus on the subject of trafficking of women in North America, they survey studies, research and publications produced by academics, NGOs and governmental organizations on the topic. They identify the nature of trafficking research in North American, focusing on the types of studies conducted, research gaps and methodologies. An extensive bibliography is also included, making this article a useful resource for those looking for materials concerning trafficking women in North America. [Descriptors: Migration - Trafficking, International - North America]

 
Greatbatch, Jaqueline , The Gender Difference: Feminist Critiques of Refugee Discourse , 1 INTERNATIONAL JOURNAL OF REFUGEE LAW, 518-27 (1989).
Feminist critiques of the Convention refugee definition have called for the addition of gender as a prohibited ground of persecution. However, the inclusion of gender as such a ground assumes consensus on the nature of gender-based persecution. This article takes issue with recent writing on gender-based persecution, particularly the relationship between women and the State. The author proposes the adoption of a human rights-based definition of persecution, the recognition of women as a particular social group, research into and documentation of gender-specific oppression (including laws and customs), and general access to full and fair hearings as steps which could be taken to develop a comprehensive profile of gender-based refugee claims. [Descriptors: Migration - Refugees and Immigration]

 
Hartsough, Tala , Asylum for Trafficked Women: Escape Strategies Beyond the T Visa , 13(1) HASTINGS WOMEN'S LAW JOURNAL, 77-116 (2002).
The author discusses asylum law as a way to assist trafficked women in the US. She discusses the Victims of Trafficking and Violence Protection Act of 2000 and notes that anti-trafficking legislation tends to frame trafficking as a criminal or immigration issue while marginalizing women's human rights. In order to more effectively protect women's human rights, she maintains that anti-trafficking approaches should be women-centered. While the author finds the T visa to be one form of protection for trafficked women facing deportation, she argues that asylum law should also be used to protect the human rights of these women by granting them refugee status. [Descriptors: Migration - Trafficking, International - North America]

 
Hernández-Truyol, Berta Esperanza , Glocalizing Women's Health and Safety : Migration, Work and Labor , 15(1) SANTA CLARA JOURNAL OF INTERNATIONAL LAW, 48-78 (2017)
The author argues that, as migration is feminized, institutions must shift from focusing on the legality of presence and treating migrants as disposable people, to a human rights-based approach that centers migrants’ well-being. The author uses the frameworks of “glocalization” and “marginableness” in order to make visible the movement of persons that is otherwise invisible in conversations on globalization and current human rights regimes. In doing so, women are better understood as not monoliths but multidimensional beings with varied sexual, gender, ethnic, religious, class, race, ability, and economic identities. This provides the context for analyzing the lives of migrants, workers, and women in labour alike, and recognizing the interrelated nature of their disproportionate exposure to health and safety risks.
https://heinonline.org/HOL/P, https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi

 
Inglis, Shelley Case , Expanding International and National Protections Against Trafficking for Forced Labor Using a Human Rights Framework , 7 BUFFALO HUMAN RIGHTS LAW REVIEW, 55-104 (2001).
This article provides an overview of how recent international debates and discussions of redefinition related to trafficking have broadened the scope of traditional perceptions of trafficking to include human rights concerns. The author begins by examining existing international legal approaches related trafficking and forced labour and their limitations. She reviews proposed solutions by government, inter-government and non-government bodies and analyzes their policy implications. Ultimately, she supports the incorporation of a human rights approach to trafficking and ends with a set of recommendations to effectively address trafficking through a human rights framework. [Descriptors: Migration - Trafficking, International]

 
Jamie, Faiz Omar Mohammad , Gender and Migration in Africa: Female Ethiopian Migration in Post-2008 Sudan , 6(1) JOURNAL OF POLITICS & LAW, 186-192 (2013)
The article discusses the relatively new phenomenon of independent female migration in Africa. Prior to heightened education rates, African women migrated as part of a family. Now they are migrating on their own, in search of better work opportunities. The article examines the African migratory context in comparison to contemporary trends of labour migration around the world, including Asia. The article also reviews theoretical and methodological frameworks applied in current research on migration, particularly in conceptualizing female labour migration. The article concludes by focusing on the recent case of female Ethiopian workers migrating to Sudan to meet the demand for service jobs after an influx in international capital to the oil markets. The case study evaluates the varying degrees of vulnerability both legal and illegal migrants face.
http://heinonline.org/HOL/P, http://www.ccsenet.org/journal/index.php/jpl/article/view/25160

 
Johnson, Andrea L. , A Perfect Storm: The U.S. Anti-Trafficking Regime Failure to Stop the Sex Trafficking of American Indian Women and Girls , 43 COLUMBIA HUMAN RIGHTS LAW REVIEW, 617-710 (2012)
This article examines the lack of attention to trafficking of American women within US borders. Although sex trafficking affects women from all backgrounds and segments of society, Native women have experienced sexual violence and exploitation at a rate higher than any other ethnic group. Factors that make women vulnerable to trafficking, such as poverty, homelessness, sexual abuse, substance abuse and gang membership, are present in disproportionate rates in American Native communities. The author argues that the USs modern anti-trafficking efforts have failed to address and prevent the sexual, legal and social exploitation of American Native women. The author proposes that the definition of sex trafficking be more inclusive of domestic victims, that the focus be shifted from the consent of the woman to the actions of the exploiter, and that there should be increased funding for domestic and Native victim services.Andrea L Johnson, A Perfect Storm: The U.S. Anti-Trafficking Regimes Failure to Stop the Sex Trafficking of American Indian Women and Girls (2012) 43:2 Colum HRL Rev 617.
http://www3.law.columbia.edu/hrlr/hrlr_journal/43.2/Johnson.pdf

 
Johnson, Dianne , Trafficking of Women into the European Union , 5 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW ANNUAL (1999).
This article examines the trafficking of women from third party countries into the European Union for the purpose of sexual exploitation. The author begins by providing an overview of trafficking in the European Union, setting out the scope of the problem and describing the experience of trafficked women. A description is then given of the responses to the trafficking problem by the EU and by individual EU member states. She concludes by suggesting actions the EU and member states must take to combat the trafficking problem. She contends that the EU and its member states must not only take steps to prevent women from being brought into the EU for the purpose of sexual exploitation, they must also prosecute traffickers, and provide social support for victims. [Descriptors: Migration - Trafficking, International - Europe]

 
Johnsson, Anders B. , The International Protection of Women Refugees: A Summary of Principal Problems and Issues , 1 INTERNATIONAL JOURNAL OF REFUGEE LAW, 221-32 (1989).
This paper examines the grounds for obtaining refugee status, the main problems faced by women, and discrimination as a protection concern. Although the 'social group' component can be advanced to include many women as refugees under the 1951 Convention, it does not address the core issue of discrimination on grounds of sex as a violation of fundamental rights, or the problems of violence specifically directed against women. Women refugees are additionally vulnerable to rape, abduction, sexual harassment, physical violence and frequently the obligation to grant 'sexual favours' in return for documentation and/or relief goods. The article concludes that refugee women must be involved in the process of analysis and program implementation to ensure lasting solutions. [Descriptors: Migration - Refugees and Immigration]

 
Kandt, Kristin E. , United States Asylum Law: Recognizing Persecution Based on Gender Using Canada as a Comparison , 9 GEORGETOWN IMMIGRATION LAW JOURNAL, 137-180 (1995).
The author of this article advocates for a change in United States immigration and refugee policy which currently does not recognize gender-based forms of persecution. She analyzes changes in Canadian immigration policy where guidelines have been passed that recognize persecution based on gender as persecution based on a "social group" and thus falling under the relevant definition of a Convention refugee. The author concludes that United States policy must go further than the Canadian guidelines. The U.S. should amend its policy to include gender as a sixth category of recognized persecution, putting gender on par with race, ethnic origin, religion, political persecution and social group as officially recognized forms of persecution. [Descriptors: Migration - Refugees and Immigration, International - North America]

 
Kaufka, Katherine , The Commodification of Domestic Care: Illegitimacy of Care Work and the Exploitation of Migrant Workers , 18 GEORGETOWN IMMIGRATION LAW JOURNAL, 159-178 (2003).
In her discussion of migrant women domestic workers in the US, the author explains that American immigration and welfare policies, the US labour market and gender-based concepts that deny acknowledgement of domestic work as legitimate; all contribute to the formation of an underground economy that exploits female care workers who are primarily from developing countries. She argues that "care workers should be offered legal protections, benefits, and rights afforded to 'legitimate' forms of employment in our labor market". She ends with a discussion of possible solutions to ameliorate the situation of migrant domestic care workers. [Descriptors: Migration - Labour Migration, International - North America]

 
Kaur, Prabh S, Kaul, Tanya , Trafficking of Women: Perspectives in International Law , 1(3) INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES, 178-192 (2018)
This research paper analyzes various international legal instruments that deal with the trafficking of women and discusses the ways in which it provides protection to the victims. These instruments include the Convention for the Suppression of Traffic in Persons and of the Exploitation of Others, CEDAW, the Palermo Protocol, and Human Rights Covenants. In their analysis, the authors highlight the inefficiencies of anti-trafficking regulations in preventing trafficking activities and providing remedy to the victims. In order to remedy these gaps in international legal instruments, the authors suggest establishing co-operation between different states, employing more rigorous enforcement mechanisms of Covenants, and promoting education and awareness about trafficking within the independent states.
https://heinonline.org/HOL/P

 
Kelson, Gregory A. , Gender-Based Persecution and Political Asylum: the International Debate for Equality Begins , 6 TEXAS JOURNAL OF WOMEN AND THE LAW, 181-213 (1997).
This article argues that the category of gender is an additional ground of persecution that needs to be recognized. Part I examines various types of persecution faced by women, namely: female circumcision, rape, morality codes, and physical violence. Part II examines the current status of asylum law with respect to gender-based persecution by looking at several prominent asylum cases in the United States, Canada, France, and Australia. Part III examines domestic asylum laws and statutes, considers various international human rights instruments and closely examines Canada's guidelines for granting asylum to claimants suffering gender-based persecution. Recommendations outlined in Part IV focus on how various national governments and the United Nations should proceed in the granting of political asylum to women who claim persecution based on gender. [Descriptors: Migration - Refugees and Immigration, Violence Against Women, International]
http://www.law-lib.utoronto.ca/Diana/fulltext/kels.pdf

 
Kneebone, Susan , Women Within the Refugee Construct: 'Exclusionary Inclusion' in Policy and Practice -- The Australian Experience , 17(1) INTERNATIONAL JOUNRAL OF REFUGEE LAW, 7-42 (2005).
The article addresses the barriers facing women refugees claiming asylum in Western states and discusses the role that power and patriarchy play in constructing these barriers. The author begins with a brief background of the contemporary Australian policy on refugees. She then moves to a discussion of the specific experiences of women refugees and identifies where international law and the Australian system fail to protect the specific vulnerabilities of women. The article also contains a detailed review of domestic jurisprudence, from Australia and other Western states, on refugee claims concerning gender persecution. The author concludes that there is no need to incorporate a specific category of gender persecution; however, there is an acute necessity for a more comprehensive understanding of the issues faced by refugee women. [Descriptors: Migration - Refugees and Immigration, International]

 
Labadie-Jackson, Glenda , Reflection on Domestic Work and the Feminization of Migration , 31(1) CAMPBELL LAW REVIEW, 67-90 (2008)
This paper outlines why the market for migrant domestic workers exists and where legal protection of these workers is lacking. While women entered the workforce in greater numbers throughout the 1900s, the distribution of domestic tasks remains weighted toward women. Working women may delegate these domestic tasks to other women, hiring domestic workers to either replace or complement gender-based roles. Domestic work is identified as one of the major forces driving international female labour migration, offering wages higher than that available in the home country and not requiring high skills. The author identifies factors that prevent legal protection for domestic workers as being (1) perceptions about housework, (2) nature of the employer-employee relationship, and (3) existence of domestic work between the public and private spheres. The author calls on increased protection at the national level to support existing international law working against the marginalization and exploitation of migrant domestic workers. This process of protection should begin with combatting silence and conformity in the domestic work sector.
https://heinonline.org/HOL/P, https://scholarship.law.campbell.edu/cgi/viewcontent.cgi

 
Lehti, Martti, Aromaa, Kauko , Trafficking for Sexual Exploitation , 34 CRIME AND JUSTICE: A REVIEW OF RESEARCH 133-228 (2006)
The role of trafficking in international prostitution of adults is often exaggerated, overshadowing the trafficking of minors, which is consistently underestimated. The article discusses the relationship between socioeconomics and cross border trafficking, noting that most traficcking occurs within and between third-world countries. The article argues that prevention should concentrate on the main source countries. This prevention would require efficient police and intelligence cooperation, domestically as well as internationally.  
https://heinonline.org/HOL/P, https://www.journals.uchicago.edu/doi/pdfplus/10.1086/650306

 
Lepp, Annalee , Trafficking in Women and the Feminization of Migration: The Canadian Context , 21(4) CANADIAN WOMAN STUDIES, 90-100 (2002).
The author discusses Canada's role in the international trafficking of women. She begins by noting that the Canadian government and news media have only recently begun to pay attention to the situation of trafficked women in Canada. She then looks at the UN Trafficking Protocol and examines the international process leading to the protocol. In her discussion of the global structure of trafficking and the Canadian government's response, the author notes that the latter is based largely on law enforcement and stringent immigration policies, resulting in criminalization of migrant sex workers. She argues that a radical revision of the government's approach is necessary in order to provide better protection of women who are vulnerable to trafficking. [Descriptors: Migration - Trafficking, Canada]

 
Lewis, Hope , Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women , 50 MAINE LAW REVIEW, 309-26 (1998).
The author explores the developing area of critical race feminist human rights, specifically in relation to the issues affecting black women who migrate from Jamaica to America. The author's central argument is that to adequately address the rights of these women, it is necessary to re-conceptualize the dominant understanding of international rights. The author stresses the need to understand that race and gender intersect in ways that international law has yet to recognize. The author concludes that international laws must be interpreted in a manner better reflective of the intersection between race and gender. [Descriptors: Migration - Refugees and Immigration, International]
http://www.law-lib.utoronto.ca/diana/fulltext/lewi1.pdf

 
Lisa R. Pruitt , Migration, Development, and the Promise of CEDAW for Rural Women , 30 MICHIGAN JOURNAL OF INTERNATIONAL LAW, 707-761 (2009).
This article first outlines rural-to-urban migration in general, then the effect of migration on rural women specifically, and finally the effect of CEDAW's Article 14 on the rights of rural women. The author argues that migration has some positive effects on rural women and that CEDAW's Article 14 empowers rural women. The author documents these effects by looking at comparative case studies in China, India, Ghana and South Africa. In these case studies, the author looks at the successes achieved and limitations faced by these countries in realizing the mandates of CEDAW Article 14.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Lopez, Esmeralda, Hastings, Melissa , Overlooked and Unprotected : Central American Indigenous Migrant Women in Mexico , 48(4) NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLITICS, 1105-1124 (2016)
This article is relevant to research that aims to understand the legal mechanisms which impact Female migrants and Indigenous female migrants from the Northern Triangle of Central America ("NTCA"). The article begins with an overview of the high rate of poverty, violence, and immigration in the NTCA, especially for the people of Guatemala and Honduras. The author then analyzes the rights of Indigenous peoples, including a discussion of Mexico’s commitment to international instruments protecting refugee rights and Mexico’s refugee framework and constitution. The article also discusses Indigenous justice systems and their history in Mexico. The author then applies these legal frameworks to the context of Female Migrants and Indigenous women, finding Mexico’s immigration system insufficient to address their needs. It is largely based on enforcement and is currently underdeveloped. Lastly, the author argues that it is unlikely indigenous legal systems will assist female migrants in the alternative.  
https://heinonline.org/HOL/P, https://nyujilp.org/wp-content/uploads/2010/06/NYU_JILP_48_4_Lopez_Hastings.pdf

 
Lopez, Esmeralda, Hastings, Melissa , Overlooked and Unprotected : Central American Indigenous Migrant Women in Mexico , 48(4) NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLITICS, 1105-1124 (2016)
Amidst the increase in Indigenous migrants fleeing Central America, the Mexican government has chosen to prioritize border enforcement instead of providing adequate protection to migrants. Most vulnerable are Central American Indigenous women, who face a variety of dangers while migrating including human trafficking, kidnapping, forced marriage of minors, extortion, and rape. This article explores alternative approaches to promoting migrant protection and removing barriers to accessing asylum and redress. It finds that the combined efforts of the United States’ Central American Minors program (protecting unaccompanied minor migrants), the United Nations High Commissioner for Refugees (working to expand regional asylum systems in countries including Mexico), Indigenous rights organizations, and other civil society members, are all essential to protecting vulnerable migrant women. 
https://heinonline.org/HOL/P, https://nyujilp.org/wp-content/uploads/2010/06/NYU_JILP_48_4_Lopez_Hastings.pdf

 
Love, Carrie Acus , Unrepeatable Harms: Female Genital Mutilation and Involuntary Sterilization in U.S. Asylum Law , 40(1) COLUMBIA HUMAN RIGHTS LAW REVIEW, 173-230 (2008).
This article discusses how The United States Board of Immigration Appeals treats asylum claims made based on forced sterilization differently from those based on past female genital mutilation (FGM). While involuntary sterilization is considered automatic ground for asylum, the treatment of claims for asylum made on the basis of FGM is inconsistent. The article discusses the development of the different approaches and offers five reasons for the difference: gender bias, realpolitik, ideological pressure, cultural justifications, and temporal considerations. The author argues that involuntary sterilization and FGM should be treated the same and both should be grounds for asylum, holding that the current inconsistency in the law undermines the integrity of U.S. asylum policy. The article recommends two changes to address this issue: a statutory amendment to the current U.S. policy and an adoption of an integrated theoretical framework grounded in international human rights norms. Carrie Acus Love, Unrepeatable Harms: Female Genital Mutilation and Involuntary Sterilization in U.S. Asylum Law (2008) 40:1 Colum HRL Rev 173.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Macklin, Audrey , Cross-Border Shopping For Ideas: A Critical Review of United States, Canadian and Australian Approaches to Gender-Related Asylum Claims , 13(1) GEORGETOWN IMMIGRATION LAW JOURNAL, 25-71 (1998).
The author reviews guidelines established by Canada, the United States and Australia in assessing gender-related asylum claims. Part I focuses on whether these states adequately recognize women's fear of persecution. Part II discusses the international and domestic sources of inspiration for the guidelines. Part III examines the content of the directives. Part IV reviews the actual interpretation and application of the refugee definition in a gender context by taking up such issues as the meaning of persecution, the availability of state protection, and the definition of a particular social group. [Descriptors: Migration - Refugees and Immigration, International]

 
Macklin, Audrey , Dancing Across Borders: 'Exotic Dancers,' Trafficking, and Canadian Immigration Policy , 37(2) INTERNATIONAL MIGRATION REVIEW, 464-500 (2003).
This article examines Canadian immigration policy concerning sex-trade workers and the extent to which this policy protects the human rights of this group of migrant women. The article begins with a review of the social justifications for these policies and assesses the extent to which the current policy could be modified to increase protection for these workers. The Canadian policy is also analyzed to determine the extent to which it falls under the international definition of trafficking. The author concludes by advocating an immigration policy based on human rights and states that such a policy would require a significant commitment of resources by the Canadian government. [Descriptors: Migration - Refugees and Immigration, Canada]

 
Macklin, Audrey , Refugee Women and the Imperative of Categories , 17 HUMAN RIGHTS QUARTERLY, 213-77 (1995)
This article provides a useful overview of some of the key issues facing women refugee claimants in Canada. The article refers to the Canadian Guidelines on Gender-Related Persecution to review the implications of establishing a specific category of gender within Canadian immigration law. Part I of the article examines the Guidelines in the context of Canadian and international law and assesses the potential benefits and limits of this policy. Part II incorporates specific fact patterns to demonstrate how these Guidelines may operate in practice. Part III reviews some of the main critiques against the Guidelines and Part IV consists of a more theoretical examination of dominant paradigms governing refugee and feminist discourses. [Descriptors: Migration - Refugees and Immigration, Canada]

 
Manjoo, Rashida , Trafficking of Women: Norms, Realities, and Challenges , 7 ALBANY GOVERNMENT LAW REVIEW, 5-33 (2014)
This paper focuses on the transnational trafficking of women. The UN recognises the gravity of the situation but also the fact that estimating the severity of the problem is a challenge since trafficking is a hidden crime that is very rarely reported. The article argues that the two major causes of trafficking are poverty and globalization. It looks at the development of international law through a variety of conventions and protocols, such as Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Convention on the Elimination of All Forms of Discrimination Against Women, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The article notes that many governments have adopted an anti-trafficking approach that is accompanied by strong anti-immigration policies which are often at odds with the protection of human rights. 
https://heinonline.org/HOL/P, http://www.albanygovernmentlawreview.org/Articles/Vol07_1/7.1.006-Manjoo.pdf

 
Margulies, Peter , Asylum, Intersectionality, and AIDS: Women with HIV as a Persecuted Social Group , 8 GEORGETOWN IMMIGRATION LAW JOURNAL, 521-55 (1994).
This article explores the tension between the United States immigration policy, which generally excludes those who are HIV/AIDS positive, and the obligations of the US under international refugee law. The author argues that women with HIV/AIDS who are facing persecution in their own countries would constitute a particular social group under the definition of refugee in US law. The article also examines many of the negative perceptions regarding individuals with HIV and argues that focusing on this debate through the lens of asylum would allow for the inclusion of positive rights and freedoms. [Descriptors: Migration - Refugees and Immigration, Reproductive Rights - HIV/AIDS, International]

 
Masabo, Juliana , Making the EAC Regime Beneficial to Female Labour Migrants , 24(4) AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 541-560 (2016)
This article examines how the East African Community’s Common Labour Protocol is not well suited to benefit women and protect the wellbeing of female migrant workers. The EAC has worked toward seeing the free movement of goods, persons, labour, services, and capital between partner states. Although the EAC policies are gender neutral, underlying assumptions remain that labour migration is exclusively a man’s business, and that when women do migrate their experiences are similar to men’s. However, female migrants experience gender inequality in the labour market, being frequently subjected to abusive work conditions and overrepresentation in private homes, unregulated venues, and sex industries. The author recommends revising existing framework to recognize that both women and men migrate for better economic opportunities, include female-dominated occupations in the list earmarked for Common Market Protocol implementation, and reduce gender inequalities in domestic labour markets.
https://heinonline.org/HOL/P

 
Mattar, Mohamed Y. , State Responsibilities in Combating Trafficking in Persons in Central Asia , 27 LOYOLA OF LOS ANGELES INTERNATIONAL & COMPARATIVE LAW REVIEW, 145-222 (2005).
The author calls on Central Asian governments to meet their international obligations to protect trafficked persons. He begins by describing the trafficking infrastructure in these newly independent states and the economic and political vulnerabilities of women and children. Current state approaches to trafficking are also assessed in terms of conceptualizing trafficking as a specific and serious crime, preventing trafficking, protecting and repatriating victims and prosecuting traffickers. The author argues that Central Asian governments must realize and fulfill international obligations to protect trafficked persons, that international cooperation is essential, and that underlying issues such as poverty and unemployment must be addressed in order to effectively respond to trafficking. [Descriptors: Migration - Trafficking, International - Asia]

 
Mattar, Mohamed Y. , Trafficking in Persons, Especially Women and Children, in Countries of the Middle East: The Scope of the Problem and the Appropriate Legislative Responses , 26(3) FORDHAM INTERNATIONAL LAW JOURNAL, 721-760 (2003).
This article provides an overview of the trafficking industry in Middle Eastern countries and examines governmental responses. Legislative responses are assessed according to the minimal standards set out in the US Trafficking Victims Protection Act of 2000. The article also looks at the UN Trafficking Protocol to evaluate Middle Eastern governments' responses and what more they need to do to meet their international obligations. The author points out that legislative approaches in this region tend to vary as not all countries have criminalized all forms of trafficking nor provided protection or assistance to trafficked persons. He concludes with a set of recommendations for legislative changes. [Descriptors: Migration - Trafficking, International - Asia]

 
Mawani, Nurjehan , Introducing the Immigration and Refugee Board Guidelines on Gender-Related Persecution , 5 INTERNATIONAL JOURNAL OF REFUGEE LAW, 240-56 (1993).
The Canadian Immigration and Refugee Board Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution represent an important and innovative development for refugee law generally and for the law relating to gender-related persecution in particular. This article discusses the general process of forming the guidelines in relation to Canada's Immigration Act. It also explains the events leading up to the implementation of the guidelines on gender-related persecution and outlines several issues with respect to the guidelines: hearing room issues, the role of documentation, training initiatives and the monitoring process. [Migration - Refugees and Immigration, Canada]

 
Mawani, Nurjehan , Introduction to the Immigration and Refugee Board Guidelines on Gender-Related Persecution , 5(2) INTERNATIONAL JOURNAL OF REFUGEE LAW, 240-247 (1993)
This article by the Chairperson of the Immigration and Refugee Board provides an introduction to the Canadian Guidelines on Gender-Related Persecution. The author reviews the development of the Guidelines and discusses example concerns of women refugee claimants which the Guidelines may be able to address. There is also a consideration of practical concerns with implementation, including barriers for women in the hearing room, the role of documentation, and the monitoring of the implementation of these guidelines. [Descriptors: Refugees and Immigration, Canada]

 
Mawani, Nurjehan , Violation of the Rights of Women in the Refugee Context , 5 NATIONAL JOURNAL OF CONSTITUTIONAL LAW 61-77 (1995)
This article is the text of a lecture reviewing the case law and policy developments in Canada aimed at protecting the rights of women refugees. The information reviewed provides a historical background on the issues facing women who claim refugee status in Canada. The article also examines specific developments concerning protection of women refugees both internationally and in Canada. The author has included examples from the case law, especially on the interpretation of the "particular social group" criterion. The procedural mechanisms of the Immigration and Refugee Board, which are adjusted to respond to the particular needs of female refugee claimants, are also discussed. [Descriptors: Migration - Refugees and Immigration, Canada]

 
Mensendiek, Martha , Women, Migration and Prostitution in Thailand , 40(2) INTERNATIONAL SOCIAL WORK, 163-176 (1997)
In Thailand, the response to poverty is often the migration of women from rural areas into cities for the purposes of prostitution. This article explores the economic, political, social and environmental factors that together can explain the reasons behind this observed pattern. In recent decades, Thailand has shown remarkable economic growth, but has concentrated its development efforts on industry and tourism, while for the most part, ignoring the agricultural sector. This has led to an unequal distribution of wealth between rural and urban areas, with many farmers facing loss of farmland, large debts, and limited rural employment opportunities. Members of those farmers’ families, specifically women, in turn migrate to the city to find work. This work is often prostitution. One solution, pursued by NGOs and advocates, involves the government considering women’s rights in the processes of development. Female prostitution and migration for its purpose are still ongoing issues in Thailand. 
https://heinonline.org/HOL/P

 
Millbank, Jenni , Gender, Sex and Visibility in Refugee Claims on the Basis of Sexual Orientation , 18(2) GEORGETOWN IMMIGRATION LAW JOURNAL, 71-110 (2003)
This article examines the assumptions concerning the identity of lesbians and gays within the case law on refugee claims. The article consists of a broad and comparative study of 300 decisions on granting refugee status on basis of sexuality from Canada and Australia. The author utilizes the differences between public and private spaces to examine the distinct claims formulated by lesbians and gays. She identifies agency and visibility as key concepts in refugee law on sexuality. The article concludes that there is a push of lesbian and gay rights into the private realm, a conceptual move which will have to be addressed in the specific jurisprudence. [Descriptors: Migration - Refugees and Immigration, International]

 
Mullally, Siobhan , Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative? , 60(2) International and Comparative Law Quarterly, 459-484 (2011)
This article examines recent developments in international human rights law relating to domestic violence, and addresses the extent to which refugee law has integrated these developments into the adjudication process of asylum seekers. The article notes that victims of domestic violence who file asylum claims on that basis continue to face difficulties. The article surveys recent international jurisprudence and regional developments, highlighting the expanding due diligence norm. The article also provides a critical analysis of an American asylum case, "In the Matter of R-A". the article concludes that the standard of due diligence, which is increasingly being used by international and regional bodies to determine the scope of States' responsibilities in the context of domestic violence, is not being applied to assess the adequacy of State protection in asylum cases.

 
Nazari, Sareh , Destination of International Female Migrant Workers , 9(1) REVIEW OF EUROPEAN STUDIES, 43-59 (2017)
In this article, the author conducted a study on international female labour migration to examine the underlying key factor that results in female workers preferring to migrate to certain countries in the world and not to others. The study focused on females who migrated from developing Asian countries with poor economic conditions, and compared regions with the most female international migrants (Northern, Southern, and Western Europe) to regions with the least female international migrants (North Africa and Arab States). Comparisons revealed that the regions experiencing a high influx of female migrants had the lowest gender gap in the workplace while the other regions had greater gender inequality. This correlation led the author to conclude that female workers prefer to migrate to those countries which have gender equality in the workplace. 
https://heinonline.org/HOL/P, https://www.researchgate.net/publication/311846089_Destination_of_International_…

 
Nelson, Kathryn E. , Sex Trafficking and Forced Prostitution: Comprehensive New Legal Approaches , 24(3) HOUSTON JOURNAL OF INTERNATIONAL LAW, 551-578 (2002).
This article examines domestic and international legal responses to trafficking in women for prostitution and sex work, and argues that international treaties cannot be effectively implemented without parallel domestic strategies. After an overview of international trafficking in women, the author discusses the development of international trafficking laws and assesses their effect on the trafficking industry. The impact of the US Trafficking and Victims Protection Act of 2000 is also analyzed. In the end, the author contends that the development of domestic legislation like the American Trafficking Act is necessary in order to respond effectively to international trafficking in women. [Descriptors: Migration - Trafficking, International]

 
Noyori-Corbett, Chie, Moxley, David P. , Inequality of Women as a Factor Influencing Migration from Countries of Origin to the United States and Its Implications for Understanding Human Trafficking , 59(6) INTERNATIONAL SOCIAL WORK, 890-903 (2016)
This paper examines the reasons women migrate to the United States, with the aim of understanding the vulnerability of such women to human trafficking and modern forms of slavery. El Salvador, Mexico, and Korea are examined, representing three of the four most common countries of origin from among human trafficking victims identified by the US Department of Health and Human Services in 2006. For each of the countries, existing literature is used to explain (1) the pattern of immigration to the US including expectations of remittance from immigrants to family in their home country, (2) the impact of globalization on the country’s economy and labour demand, (3) extra-household inequality, and (4) intra-household inequality. The authors find that women immigrating from El Salvador, Mexico, and Korea are ‘pushed’ from their countries by gender inequalities. Those from Korea are additionally ‘pulled’ to the US by the allure of greater freedom and liberalization in lifestyle. The authors advocate for strengthening social development for women in the country of origin as an alternative to migration, and decriminalization for victims of smuggling, human trafficking, and modern forms of slavery in the US.  
https://heinonline.org/HOL/P

 

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