CEDAW/C/GC/32
(c) That women asylum seekers have access to competent legal
representation in advance of the initial asylum interview. Where necessary, they
should be afforded legal assistance free of charge. Unaccompanied and separated
girls must in all cases be assigned a qualified legal representative and a guardian to
assist them through the asylum procedure and ensure respect for their best
interests; 49
(d) That interviewers use techniques and procedures that are sensitive to
gender, age and other intersectional grounds of discrimination and disadvantage that
compound the human rights violations that women refugees and asylum seekers
experience;
(e) That a supportive interview environment is established so that the
claimant can provide her account, including disclosure of sensitive and personal
information, especially for survivors of trauma, torture and/or ill-treatment and
sexual violence, and that sufficient time is allocated for interviews;
(f) That childcare is made available during the interviews so that the
claimant does not have to present her claim, involving sensitive information, in
front of her children;
(g) That, while the woman asylum claimant normally bears the burden of
proving her asylum case, the duty to ascertain and evaluate all the relevant facts is
shared between the claimant and the examiner. The threshold for accepting asylum
applications should be measured not against the probability but against the
reasonable likelihood that the claimant has a well-founded fear of persecution or
that she would be exposed to persecution on return;
(h) That, in some cases, it may be for the examiner to use all the means at
his or her disposal to produce the necessary evidence in support of the application,
including by seeking and gathering gender-relevant information from reliable
governmental and non-governmental sources on human rights in the country of
origin;
(i) That late disclosure by the claimant during the asylum procedure of
sexual violence and other traumatic events does not automatically lead to an adverse
judgement on her credibility. Reluctance to identify the true extent of the
persecution suffered or feared may stem from feelings of shame, stigma or trauma.
Statements regarding the confidential nature of interviews, including that
information provided by the woman will not be shared with members of her family
without her consent, should be standard practice;
(j) That mechanisms for referral to psychosocial counselling and other
support services, where necessary, both before and after the asylum interview, are
made available;
(k) That, should the application be rejected, the decision must be reasoned
and the claimant should be able to appeal against it to a competent body;
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49
16/21
See Committee on the Rights of the Child, general comment No. 6 on treatment of
unaccompanied and separated children outside their country of origin, paras. 21, 33, 36 and 39;
Executive Committee of the Programme of the United Nations High Commissioner for
Refugees, conclusion No. 107 (LVIII) on children at risk, para. (g) (viii).
14-64766