CEDAW/C/GC/32
gender-related forms of persecution, may breach specific provisions of the
Convention. Such forms are recognized as legitimate grounds for international
protection in law and in practice. 10 They may include the threat of female genital
mutilation, forced/early marriage, threat of violence and/or so-called “honour
crimes”, trafficking in women, 11 acid attacks, rape and other forms of sexual
assault, serious forms of domestic violence, the imposition of the death penalty or
other physical punishments existing in discriminatory justice systems, forced
sterilization, 12 political or religious persecution for holding feminist or other views
and the persecutory consequences of failing to conform to gender-prescribed social
norms and mores or for claiming their rights under the Convention.
16. Gender-related claims to asylum may intersect with other proscribed grounds
of discrimination, including age, race, ethnicity/nationality, religion, health, class,
caste, being lesbian, bisexual or transgender and other status. 13 The Committee is
concerned that many asylum systems continue to treat the claims of women through
the lens of male experiences, which can result in their claims to refugee status not
being properly assessed or being rejected. Even though gender is not specifically
referenced in the definition of a refugee given in the 1951 Convention relating to
the Status of Refugees, it can influence or dictate the type of persecution or harm
suffered by women and the reasons for such treatment. The definition in the 1951
Convention, properly interpreted, covers gender-related claims to refugee status. 14 It
must be emphasized that asylum procedures that do not take into account the special
situation or needs of women can impede a comprehensive determination of their
claims. For example, asylum authorities may interview only the male “head of
household”, may not provide same-sex interviewers and interpreters to allow
women to present their claims in a safe and gender-sensitive environment or may
interview women asylum seekers in the presence of their husbands or male family
members who may in fact be the source or sources of their complaints.
B.
Principle of non-refoulement
17. The principle of non-refoulement of refugees is the cornerstone of refugee
protection and is a norm of customary international law. Since its formal
codification in the 1951 Convention relating to the Status of Refugees, it has been
developing and has been integrated into international human rights instruments,
namely the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (art. 3) and the International Covenant on Civil and
Political Rights (art. 7). In addition, the prohibition of refoulement to a risk of cruel,
__________________
10
11
12
13
14
6/21
Convention on the Elimination of All Forms of Discrimination against Women, art. 2, and
general recommendation No. 28, para. 9.
On trafficking as a basis for refugee status, see 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”, guideline No. 7 (HCR/GIP/06/07).
General recommendation No. 19, para. 22; general recommendation No. 21 on equality in
marriage and family relations, para. 22; and communication No. 4/2004, A.S. v. Hungary, views
adopted by the Committee on 14 August 2006.
See footnote 3 above; communication No. 19/2008, Cecilia Kell v. Canada, views adopted by
the Committee on 28 February 2012, para. 10.2.
UNHCR, “Guidelines on international protection: gender-related persecution”, para. 6 (see
footnote 9 above).
14-64766