Providing policy makers, border and immigration officials and practitioners with practical advice including definitions, information and examples of gender-based violence that may be recognised as forms of persecution or other serious harm
ARTICLE 60 – Gender-based asylum claims
1. Parties shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection.
2. Parties shall ensure that a gender-sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments.
3. Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender-sensitive asylum procedures, including refugee status determination and application for international protection.
ARTICLE 61 – Non-refoulement
1. Parties shall take the necessary legislative or other measures to respect the principle of non-refoulement in accordance with existing obligations under international law.
2. Parties shall take the necessary legislative or other measures to ensure that victims of violence against women who are in need of protection, regardless of their status or residence, shall not be returned under any circumstances to any country where their life would be at risk or where they might be subjected to torture or inhuman or degrading treatment or punishment.
I. INTRODUCTION II. WHAT PROTECTION DOES THE ISTANBUL CONVENTION PROVIDE FOR MIGRANT, REFUGEE AND ASYLUM-SEEKING WOMEN? III. ARTICLE 60: GENDER-BASED ASYLUM CLAIMS
Article 60, paragraph 1: Recognising ‘gender-based’ violence against women as persecution
Forms of Violence Against Women and Domestic Violence that should be considered as gender-based violence capable of amounting to persecution
Discrimination as persecution
Women fleeing prosecution or punishment
Standard of protection required by the Istanbul Convention
Women and internal relocation
Article 60, paragraph 2: Gender-sensitive interpretation of the Geneva Refugee Convention Grounds
Article 60, paragraph 3: Gender-sensitive reception and support services, asylum procedures and gender guidelines
Gender-sensitive reception and support services
Gender-sensitive asylum procedures
Gender guidelines
IV. ARTICLE 61: NON-REFOULEMENT
What is the principle of non-refoulement?
When might non-refoulement obligations be engaged for women?
V. CONCLUSION VI. CHECKLIST VII. KEY RESOURCES VIII. BIBLIOGRAPHY
