INTERNATIONAL JOURNAL OF REFUGEE LAW

This article discusses the international response to the protection of women refugees and in particular considers the impact of feminist commentators and the women's human rights movement in forwarding this issue. The author considers the definition of refugee under the 1951 Convention, with particular emphasis on gender as constituting a social group. To illustrate, the author reviews leading Canadian, United States and Australian cases which have considered sex or gender alone, or with other characteristics, in defining social group.

The authors of this article argue for a human rights approach to refugee law in Canada in order to encourage consistent decisions on refugee claims. The article begins with a review of Canadian jurisprudence which focuses on definitions of particular social groups. The authors then move to consider different types of groups, particularly women, and how their claims of persecution have been assessed under Canadian law. The authors argue that a human rights approach to these cases would lead to better protection of women claimants, particularly in cases of domestic violence.

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]