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Cover Immigration & Asylum Law

12. Claims for international protection  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.


Cover International Human Rights Law

16. Women’s Rights  

Dianne Otto

This chapter examines women’s rights and new developments related to gender identity. It describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. The chapter goes on to examine the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, which promoted a strong version of women’s substantive equality. The strategy of ‘gender mainstreaming’, adopted in the 1990s, sought to reinterpret mainstream human rights to be inclusive of women’s experiences. The chapter concludes by highlighting some continuing obstacles presented by the law itself, which prevent women and other gender identities from successfully claiming and enjoying human rights.