An examination of the gender gap in International Refugee Law : a case study of the experiences of Afghanistan women

Abstract

The dissertation aims to determine whether international refugee laws are gendered and whether these laws take into account the vulnerability of women; it further seeks to establish if these laws are sufficient to protect women and, in the case, where the author ascertains that they are not sufficient, is there perhaps another way to fill in the law. It focuses on the experiences of Afghanistan women as a case study to highlight the struggles faced by women when it concerns the attainment of refugee status. Current refugee laws are not a true reflection of the world’s realities - the 1951 Convention does not acknowledge the various ways in which women could be persecuted, this blatant omission highlights the systemic discrimination of women which is deeply rooted in the masculine language used when the international instrument was drafted. This dissertation discusses the male and the female perspective in refugee law and aims to enhance the difficulties faced by women when trying to attain refugee status. This dissertation uses the works of feminist scholars detect the silences of women in international refugee law. The dissertation begins by discussing the requirements for refugee status by employing the 1951 Convention along with the 1967 Protocol and goes on to explore the possible gendered nature of refugee laws. It explores the relationship that exists between international refugee laws and international human right laws. The author aims to determine whether international refugee laws are sufficient enough to protect women and in the event that they are not, can international human rights fill in that gap.