International Human Rights Treaties and the Rights of Female Refugees and Asylum Seekers
HUMAN RIGHTS AND REFUGEES, INTERNALLY DISPLACED PERSONS, AND MIGRANT WORKERS, Anne Bayefsky, ed., Martinus Nijhoff, 2006
39 Pages Posted: 2 Mar 2006 Last revised: 12 Sep 2018
Date Written: 2006
Female refugees and asylum seekers often experience human rights violations during flight, in refugee camps, in the asylum application and adjudication process, and through discrimination by both state and non-state actors in such areas as housing, employment, and education. Although refugee treaties provide vital protection for forced migrants, international human rights treaties provide important complementary protection. Rights in these treaties that are specially pertinent to female refugees and asylum seekers include the right to life and physical integrity; equality and non-discrimination; personal liberty; freedom of movement, religion, and expression; rights in relation to marriage and family life; and rights in relation to food, clothing and shelter, health care, education, employment, and social support.
This book chapter provides a gender perspective on the international human rights treaty provisions that are of particular importance to female refugees. The pertinent General Comments of the treaty monitoring bodies are examined, as are the concluding observations and recommendations under the reporting procedure of the treaty regime, and relevant jurisprudence under the individual complaint procedures. The paper examines ways in which states should take account of gendered forms of rights violations in developing and implementing programs to fulfill their obligations under international human rights treaties, and notes that states should also recognize the diversity among female refugees as they develop their programs in order to ensure maximum effectiveness.
Keywords: refugees, women, gender, human rights, treaties, international, asylum, racial, ethnic, discrimination
JEL Classification: J70, K33
Suggested Citation: Suggested Citation