CEDAW/C/GC/32 The receiving State has a responsibility towards women granted asylum status when it comes to helping them to, among other things, find proper accommodation, training and/or job opportunities, providing legal, medical, psychosocial support for victims of trauma and offering language classes and other measures facilitating their integration. In addition, women asylum seekers whose asylum applications are denied should be granted dignified and non-discriminatory return processes. 25. Article 2 (c) of the Convention requires that State asylum procedures allow women’s claims to asylum to be presented and assessed on the basis of equality in a fair, impartial and timely manner. A gender-sensitive approach should be applied at every stage of the asylum process. This means that women’s claims to asylum should be determined by an asylum system that is informed, in all aspects of its policy and operations, by a thorough understanding of the particular forms of discrimination or persecution and human rights abuses that women experience on grounds of gender or sex. Owing to shame, stigma or trauma, some women may be reluctant to disclose or identify the true extent of the persecution that they have suffered or fear. Account needs to be taken of the fact that they may continue to fear persons in authority or rejection and/or reprisals from their family and/or community. In any event, they should be entitled to appeal against first-instance asylum decisions. 26. In addition, articles 2, 15 (1) and 16 require States parties to recognize that women may present independent claims to asylum. In this respect, their claims may also be based on fears relating to their children. For example, claims to refugee status may arise from a fear that their daughters will suffer female genital mutilation, be forced into marriage or be subjected to severe community ostracism and exclusion for being girls. 21 The child’s protection claim should also be considered on its own merits in a child-sensitive manner in the best interests of the child. 22 Once the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees (“derivative status”). 27. Harm perpetrated against women and girls is often at the hands of non-State actors, including family members, neighbours or society more generally. In such cases, article 2 (e) of the Convention requires that States parties assume their due diligence obligation and ensure that women are effectively protected from harm that may be inflicted by non-State actors. 23 It does not suffice to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family. Harm perpetrated by non-State actors is persecution where the State is unable or unwilling to prevent such harm or protect the claimant because of discriminatory governmental policies or practices. 24 __________________ 21 22 23 24 14-64766 UNHCR, “Guidance note on refugee claims relating to female genital mutilation” (Geneva, 2009), para. 12. For more on child asylum claims, see UNHCR, “Guidelines on international protection: child asylum claims under articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees”, guideline No. 8 (2009) (HCR/GIP/09/08); Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin; and general comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1). General recommendation No. 19, paras. 9 and 10. UNHCR, “Guidelines on international protection: gender-related persecution”, para. 19 (see footnote 9 above). 9/21

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