The protection of women asylum seekers under the European Convention on Human Rights: unearthing the gendered roots of harm

PERONI, Lourdes (2018). The protection of women asylum seekers under the European Convention on Human Rights: unearthing the gendered roots of harm. Human Rights Law Review, 18 (2), 347-370.

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Official URL: https://academic.oup.com/hrlr/article/18/2/347/499...
Link to published version:: https://doi.org/10.1093/hrlr/ngy005

Abstract

In this article I analyse women asylum seekers’ claims of gendered ill-treatment under Article 3 of the European Convention on Human Rights. I argue that the European Court of Human Rights moves away from creating equal conditions of protection for women asylum seekers every time it adopts two modes of reasoning: under scrutinizing the gendered roots of risk of ill-treatment and over scrutinizing individual capacity to deal with the risk. The first mode of reasoning overlooks the social and institutional conditions that render women vulnerable to ill-treatment. The second mode over emphasizes a woman’s ability to protect herself and/or male relatives’ capacity to protect her. The two modes suggest that women asylum seekers risk ill-treatment because of personal failures/limits rather than socio-institutional failures/constraints. These modes of reasoning may oversimplify concrete risks and recreate women’s subordinate status in human rights discourse. To counter these faults, in this article I propose to reappraise the risk of gendered ill-treatment structurally and relationally.

Item Type: Article
Additional Information: ** From Crossref via Jisc Publications Router. ** Licence for VoR version of this article starting on 18-05-2018: https://academic.oup.com/journals/pages/about_us/legal/notices
Departments: Faculty of Social Sciences and Humanities > Law and Criminology
Identification Number: https://doi.org/10.1093/hrlr/ngy005
Related URLs:
SWORD Depositor: Margaret Boot
Depositing User: Margaret Boot
Date Deposited: 25 May 2018 10:15
Last Modified: 23 Jun 2018 17:28
URI: http://shura.shu.ac.uk/id/eprint/21325

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