Female Genital Mutilation: Membership in a articular Social Groupand Past vs. Future Persecution A Comparative Look at Asylum Laws for Women Who Have Been Subjected to FGM in the United States and the United Kingdom

The article provides a comparative analysis of the asylum laws in the US and in the UK with regards to women who have been subject to female genital mutilation (FGM). The author argues that refugee status for these women depends on whether or not they are determined to belong to a "particular social group". The author finds that this requirement is more narrowly defined in the UK than in the US, leading to the US having more lenient refugee determinations. This article contains five sections: Part I discusses current asylum laws in both countries; Part II focuses on the background and history of FGM in a global context; Part III compares the policies and case law in both countries in regards to granting asylum to women who fear persecution and subjection to FGM; Part IV focuses on past persecution for FGM and the definition of membership in a "particular social group;" and finally, Part V provides a comparative look at the legislation instituted by both countries in addressing FGM within their own borders.