CEDAW/C/GC/32
under the 1951 Convention. States parties are also encouraged to add sex and or
gender as an additional ground for refugee status in their national legislation.
31. The Committee notes that women’s claims to asylum are regularly classified
under the “social group” ground in the definition of a refugee, which may reinforce
the stereotyped notions of women as dependent victims. Article 5 of the Convention
requires States parties to assess women’s claims to asylum without prejudices and
stereotyped notions of women that are based on the inferiority or superiority of
either sex. Gender stereotyping affects the right of women to a fair and just asylum
process and the asylum authorities must take precautions not to create standards that
are based on preconceived notions of gender-based violence and persecution. 28 In
addition, women are active agents who play important roles as political leaders,
members of Governments or opposition groups, journalists, human rights defenders
and activists, lawyers and judges, among others. They are targeted on account of
their political opinions and/or activities, including the expression of women’s rights.
Accordingly, article 7 of the Convention requires States parties to take action to
realize equality for women in political and public life. It may therefore be
appropriate that women bring claims to asylum on gender-related persecution
grounds or political, religious, racial and ethnic grounds, including in situations in
which they were compelled to flee their country of origin owing to external
aggression, occupation, foreign domination or serious civil strife. 29
32. Consistent with articles 2 (c) and 15 (1) of the Convention, States parties must
take steps to eliminate discrimination against women in the public and private
spheres and should confirm women’s equality with men before the law. To this end,
States should take positive measures to ensure that women are not discriminated
against and that they are provided with effective legal protection throughout the
asylum process, including by providing legal aid, legal representation and
assistance, as necessary. 30
33. Articles 3 and 10 to 13 of the Convention entail that women seeking asylum
and women refugees be granted, without discrimination, the right to
accommodation, education, health care and other support, including food, clothing
and necessary social services, appropriate to their particular needs as women. In
addition, women refugees should be offered sources of livelihood and employment
opportunities. 31 Obligations include providing information on their rights and
practical information on how to gain access to such services in a language that they
understand. Given the high levels of illiteracy among women in some societies,
special assistance may be required.
34. Gender sensitivity should be reflected in reception arrangements, taking into
account the specific needs of victims of sexual abuse and exploitation, of trauma
and torture or ill-treatment and of other particularly vulnerable groups of women
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28
29
30
31
14-64766
Communication No. 18/2008, Karen Tayag Vertido v. Philippines, views adopted by the
Committee on 16 July 2010, paras. 8.4 and 8.9 (iv); communication No. 20/2008,
V.K. v. Bulgaria, views adopted by the Committee on 25 July 2011.
General recommendation No. 28, paras. 10 and 11.
Ibid., para. 34; see also 1951 Convention relating to the Status of Refugees, arts. 16 and 25.
Universal Declaration of Human Rights, art. 25; see also the 1951 Convention relating to the
Status of Refugees, arts. 13 and 17-23.
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