Particular Social Group: A Human Rights Based Approach in Canadian Jurisprudence

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. [Descriptors: Migration - Refugees and Immigration, Canada]