CEDAW/C/GC/32
Convention and other instruments for refugees with a view to promoting the rights
of women asylum seekers and refugees. 42 They should collaborate with civil society
and grass-roots non-governmental organizations supporting women asylum seekers
and refugees.
42. Asylum procedures of States parties should ensure that women are able to
lodge independent asylum applications and be heard separately, even if they are part
of a family seeking asylum. States parties should accept that, when the principal
claimant is recognized as a refugee, other members of the family should normally
also be recognized as refugees (“derivative status”). Just as a child can derive
refugee status from the recognition of a parent as a refugee, a parent should be
granted derivative status based on the child’s refugee status. 43 It is essential that
women who are recognized as refugees, whether in their own right or as derivative
status holders, be issued with individual documentation in order to prove their
status, be protected from refoulement and secure associated rights.
43. States parties should not deem that a woman asylum seeker lacks credibility
for the mere reason of lack of documentation to support her asylum claim. Instead,
they should take into account that women in many countries do not possess
documentation in their respective countries of origin and seek to establish
credibility by other means.
44. States parties should ensure that their border police and immigration officials
are adequately trained, supervised and monitored for gender-sensitivity and
non-discriminatory practices when dealing with women asylum seekers and
refugees. They should ensure that they adopt and implement a gender-sensitive
approach of a proper identification system for women asylum seekers and refugees
that is not based on prejudices and stereotyped notions of women, including for
victims of trafficking and/or sexual exploitation. 44
45. States parties should recognize that trafficking is part and parcel of genderrelated persecution, with the result that women and girls who are victims of
trafficking or who fear becoming victims should be informed of and effectively
enjoy the right of access to asylum procedures without discrimination or any
preconditions. States parties are encouraged to classify victims of trafficking under
the “social group” ground in the refugee definition in line with the UNHCR
“Guidelines on international protection: the application of article 1A(2) of the 1951
Convention and/or 1967 Protocol relating to the Status of Refugees to victims of
trafficking and persons at risk of being trafficked” and are recommended to take
measures so that women and girls are not returned to places where they risk being
retrafficked.
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42
43
44
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1951 Convention relating to the Status of Refugees, art. 35; 1967 Protocol to the 1951
Convention relating to the Status of Refugees, art. II; Statute of the Office of the United Nations
High Commissioner for Refugees (General Assembly resolution 428 (V), annex), para. 8.
Executive Committee of the Programme of the United Nations High Commissioner for
Refugees, conclusion No. 88 (L) on the protection of the refugee’s family, para. (b) (iii);
UNHCR, “Guidelines on international protection: child asylum claims”, para. 9 (see footnote 22
above).
Communication No. 15/2007, Zhen Zhen Zheng v. the Netherlands, views adopted by the
Committee on 27 October 2008, para. 9.1 (a); see also Convention on the Elimination of All
Forms of Discrimination against Women, art. 5; and general recommendation No. 25, para. 7.
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