Gender in Refugee Law

From the Margins to the Centre

By: Efrat Arbel (Editor), Catherine Dauvergne (Editor), Jenni Millbank (Editor)

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Hardcover | 17 April 2014 | Edition Number 1

At a Glance

Hardcover
308 Pages

Dimensions(cm)
23.39 x 15.6 x 1.91

Hardcover

RRP $305.00

$215.80

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The issue of gender has had a large influence on the development of international refugee law over the last few decades, most notably with the Gender Guidelines issued in 2002 by the United Nations High Commission for Refugees. This volume assesses the progress toward equality for women in refugee law. It documents the advances that have been made following intense advocacy around the world in the 1990s, and considers to what extent gender has been successfully integrated into refugee law despite its formal exclusion. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the UNHCR Gender Guidelines, it investigates what happens to women and sexual minorities in the refugee law dilemmas of security, criminalization, harmonized protections, and regional solutions. The book looks to establish what has been accomplished and what remains to be done asking whether we have arrived at a substantive and nuanced understanding of gender related persecution in refugee law? The first part of the book is comprised of chapters addressing broad conceptual and doctrinal themes that arise at the intersection of gender and refugee law: how credibility is determined, how refugee jurisprudence requires and creates 'victimization', how the central doctrines of 'particular social group' and 'state protection' meet the challenge of gender in the refugee process, how women's claims are affected by securitization and by armed conflict, two areas that are traditionally and stereotypically masculinized. The second part of the book investigates these concepts and doctrines through specific case studies across major Western refugee receiving nations. These case studies develop stories of legal transformation and social change. They illuminate how gender has transformed refugee law through specific advocacy initiatives and strategies across several jurisdictions. The volume includes contributions from scholars and members of the advocacy community allowing for analysis of key conceptual and doctrinal developments with a reflection on how these concepts and doctrines are applied in practice.

Industry Reviews

"Overall, due to its inter-disciplinarity, Gender in Refugee Law is very accessible to a diverse readership. As the book discusses past developments as well as the current state of gender in refugee law, it is very informative for people new to, as well as those already familiar with, the topic". - Hannah Baumeister, Aberystwyth University for International Journal of Refugee Law (2014, Vol. 26, No. 4, 716-729)

"In order to dissolve the aforementioned dichotomy underlying the mainstream discourse about refugees, the 'refugee producing countries' must be given a voice in future studies, academic publications and advocacy situations. Gender in Refugee Law constitutes a milestone in this process, as it paves the way to further advances in refugee law - such as a study examining on the one hand how refugees find out about the asylum claim process, and on the other how governments and society view refugees (pp. 171-2). For this reason, scholars in anthropology and other social sciences, whose work is critical in the investigation of this issue, would find this book of particular interest in their endeavours. It not only shows how gender has been pushed from the centre to the margins of refugee law, but more importantly, it successfully proves the urgency of bringing it back to its former place." - Gabriela Radulescu, Allegra Lab: Anthropology, Law, Art & World

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