Adjin-Tettey, Elizabeth Ammah
자료유형 | 학위논문 |
---|---|
개인저자 | Adjin-Tettey, Elizabeth Ammah, 1965- |
단체저자명 | York University (Canada). |
서명/저자사항 | A feminist analysis of the Convention refugee definition. |
형태사항 | viii, 297 p. ;29 cm. |
총서사항 | Canadian theses = Thï¼ses canadiennes. |
기본자료 저록 | Dissertation Abstracts International,57-12A. |
ISBN | 0612146359 |
학위논문주기 | Thesis (D.Jur.)--York University (Canada), 1996. |
일반주기 | Source: Dissertation Abstracts International, Volume: 57-12, Section: A, page: 5278. Adviser: James Hathaway. |
서지주기 | Includes bibliographical references. |
요약 | The 1951 Convention relating to the Status of Refugees defines a "refugee" as a person who is outside his home country owing to a well-founded fear of persecution by reason of his race, religion, nationality, membership of a particular social group or political opinion. The exclusive use of male language suggests, at least superficially, that men were the intended beneficiaries of the Convention. The refugee regime has therefore been criticised as being androcentric. |
요약 | This dissertation undertakes a feminist re-interpretation of aspects of the Convention refugee definition relevant in asylum states. It advocates reform from within, rather than attempting to re-open the Convention. Undoubtedly, gender-related persecution has traditionally been perceived as outside the scope of the Convention language refugee system. Notwithstanding the exclusive use of male language, the refugee definition can be gender-inclusive if given a gender-sensitive interpretation. Failure to adequately protect victims of gendered violations of human rights stems from a skewed application, one which relies on traditional male paradigms, and which has resulted in male-oriented jurisprudence vis-a-vis the Convention refugee definition. This problem is traced to the human rights framework that informs the understanding of persecution. A public/private dichotomy underlies the human rights regime, resulting in a reluctance to impose governmental responsibility for harms sustained in the private, familial realm. Since women have been the paradigmatic victims in the unregulated area, there has traditionally been difficulty making the argument that gender-related harms occurring in this sphere could sustain a claim to the status of Convention refugee. |
요약 | This dissertation endorses a human rights approach to the determination of eligibility to refugee protection because it constitutes a principled and consistent basis for according refugee status. A gender-inclusive understanding of human rights law, however, requires a deconstruction of the public/private dichotomy. The modern doctrine of state responsibility requires protection against privately-inflicted harms, and cannot be reconciled to the artificiality of the public/private distinction. A re-visioned human rights regime which embraces this holistic understanding of an obligation to protect human dignity in all spheres, is essential to a gender-inclusive refugee regime. |
요약 | An objective assessment of well-founded fear of persecution supports a gender-inclusive refugee regime because a woman will not have to demonstrate that she subjectively fears an objectively verifiable risk. Concern for gender inclusiveness also requites analysis of the recognized grounds of persecution from women's optic. Although traditional interpretation of these grounds have been androcentric, they can be gender-inclusive. This is evident from the evolution of the protected grounds, especially the "particular social group category" to include Women's perspectives. |
일반주제명 | Law Political Science, International Law and Relations Women's Studies |
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