Refugee Law, Gender, and the Human Rights Paradigm

This article discusses both the relationship and the tension between international human rights law and refugee law. The author specifically focuses on the expansion of refugee law under the human rights paradigm which has resulted in the development of gender asylum law. The article examines three issue areas which concern the intersection of gender, refugee law, and the human rights agenda: rape and sexual violence; female genital surgery; and family violence. The main argument is that refugee law needs to be transformative in its interpretations in order to fully recognize the reality of women's experiences. The article looks towards further developments in refugee law, such as the inclusion of economic and social rights in refugee claims and the challenges of addressing cultural relativism. [Descriptors: Migration - Refugees and Immigration, International]