CEDAW/C/GC/32 36. States that are parties to regional refugee or asylum instruments should ensure that they respect the rights of women in need of international protection and apply those instruments in a gender-sensitive manner. They should also ensure that women enjoy the benefits of those instruments without discrimination and on the basis of substantive equality. 39 37. States parties should adopt legislation and other measures to respect the principle of non-refoulement, in accordance with existing obligations under international law, and take all measures necessary to ensure that victims of serious forms of discrimination, including gender-related forms of persecution, who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to serious forms of discrimination, including gender-based violence, or to torture or inhuman or degrading treatment or punishment. 40 38. States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of non-discrimination and equality; 41 fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation. 39. States parties should report to the Committee on their national policy and legislation with regard to asylum seekers and refugees and gather, analyse and make available sex-disaggregated statistical data and trends over time on asylum claims, countries of origin, reasons for seeking asylum and recognition rates. 40. States parties should ensure that adequate human and financial resources are made available for the implementation of the Convention in respect of asylum seekers and refugees, including gender-related aspects of that implementation, and seek technical advice and assistance as required. 41. States parties should cooperate with all United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR), in relation to asylum systems and procedures to give effect to the provisions of the __________________ 39 40 41 14-64766 Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of 1969; Cartagena Declaration on Refugees, 1984; and directive 2011/95/EU of the European Parliament and of the Council of the European Union of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. See Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, art. 61, and 1951 Convention relating to the Status of Refugees, art. 33. See the UNHCR guidelines on international protection, including “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 1 (HCR/GIP/02/01); “Guidelines on international protection: ‘Membership of a particular social group’ within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 2 (HRC/GIP/02/02); and “Guidelines on international protection No. 9: claims to refugee status based on sexual orientation and/or gender identity within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees” (HRI/GIP/12/09). 13/21