AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY AND THE LAW

This article asserts that the 'particular social group' requirement is a definitional hurdle constituting a fundamental problem in the adjudication of women's gender persecution-based refugee claims. The author argues that the legal absence of gender as an enumerated ground of persecution reflects states' failure to protect refugee women seeking asylum and to honor their commitment to gender equality. Although recognizing gender as an enumerated ground is insufficient, it is a necessary step toward a more complete and gendered interpretation of refugee

This article examines theories of domestic violence against women in the Anglophone African context, noting the varying explanations of the causes of domestic violence and prescribed solutions. The author begins by describing these theories, noting that a number of them combine feminist explanations with suggestions for liberal democratic legal reforms and human rights theory. She also explores theories that are rooted in "cultural" or social explanations particular to the African context and history.

This article examines major international and regional human rights documents that can be invoked to protect victims of domestic violence and discusses the major problem of lack of adequate enforcement. The article begins with a discussion on the definition of domestic violence and international efforts to combat domestic violence, focusing particularly on the actions of the United Nations. It assesses the potential and limitations of major international and regional human rights documents to protect women's human rights in situations involving domestic violence.

This article discusses the potential benefits and challenges of using private transnational litigation in the area of domestic violence against women, focusing especially on litigation following the adoption of the Hague Convention on the Civil Aspects of International Child Abduction. After providing background information on the Hague Convention, the author argues that the Hague Convention assists women who seek custody of their children and even more broadly, reinforces public international norms related to domestic violence.

This article discusses the treatment of gender-based violence under the Rome Statute of the International Criminal Court (ICC) and the degree to which it protects female victims of sexually-motivated crimes. Part II discusses the ICC Statute and the protection it offers women. Part III applies the provisions of the ICC Statute to the situations in the Democratic Republic of the Congo (DRC) and Kosovo.

This article considers the potential for women to gain equal property rights through the mechanisms developed under international human rights treaties. The article particularly focuses upon the regional human rights system under the Organization of American States (OAS). The article begins by reviewing the scope of property rights of women, particularly in Latin America. The author then moves to discuss how the Inter-American Commission on Human Rights and the Inter-American Court have treated violations of property rights of women.