CEDAW/C/GC/32
The receiving State has a responsibility towards women granted asylum status when
it comes to helping them to, among other things, find proper accommodation,
training and/or job opportunities, providing legal, medical, psychosocial support for
victims of trauma and offering language classes and other measures facilitating their
integration. In addition, women asylum seekers whose asylum applications are
denied should be granted dignified and non-discriminatory return processes.
25. Article 2 (c) of the Convention requires that State asylum procedures allow
women’s claims to asylum to be presented and assessed on the basis of equality in a
fair, impartial and timely manner. A gender-sensitive approach should be applied at
every stage of the asylum process. This means that women’s claims to asylum
should be determined by an asylum system that is informed, in all aspects of its
policy and operations, by a thorough understanding of the particular forms of
discrimination or persecution and human rights abuses that women experience on
grounds of gender or sex. Owing to shame, stigma or trauma, some women may be
reluctant to disclose or identify the true extent of the persecution that they have
suffered or fear. Account needs to be taken of the fact that they may continue to fear
persons in authority or rejection and/or reprisals from their family and/or
community. In any event, they should be entitled to appeal against first-instance
asylum decisions.
26. In addition, articles 2, 15 (1) and 16 require States parties to recognize that
women may present independent claims to asylum. In this respect, their claims may
also be based on fears relating to their children. For example, claims to refugee
status may arise from a fear that their daughters will suffer female genital
mutilation, be forced into marriage or be subjected to severe community ostracism
and exclusion for being girls. 21 The child’s protection claim should also be
considered on its own merits in a child-sensitive manner in the best interests of the
child. 22 Once the principal claimant is recognized as a refugee, other members of
the family should normally also be recognized as refugees (“derivative status”).
27. Harm perpetrated against women and girls is often at the hands of non-State
actors, including family members, neighbours or society more generally. In such
cases, article 2 (e) of the Convention requires that States parties assume their due
diligence obligation and ensure that women are effectively protected from harm that
may be inflicted by non-State actors. 23 It does not suffice to strive for vertical
gender equality of the individual woman vis-à-vis public authorities; States must
also work to secure non-discrimination at the horizontal level, even within the
family. Harm perpetrated by non-State actors is persecution where the State is
unable or unwilling to prevent such harm or protect the claimant because of
discriminatory governmental policies or practices. 24
__________________
21
22
23
24
14-64766
UNHCR, “Guidance note on refugee claims relating to female genital mutilation” (Geneva,
2009), para. 12.
For more on child asylum claims, see UNHCR, “Guidelines on international protection: child
asylum claims under articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol
relating to the Status of Refugees”, guideline No. 8 (2009) (HCR/GIP/09/08); Committee on the
Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated
children outside their country of origin; and general comment No. 14 on the right of the child to
have his or her best interests taken as a primary consideration (art. 3, para. 1).
General recommendation No. 19, paras. 9 and 10.
UNHCR, “Guidelines on international protection: gender-related persecution”, para. 19 (see
footnote 9 above).
9/21