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Full-Text Articles in Law
Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin
Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin
Book Chapters
At the time of adoption of the International Covenant of Economic, Social and Cultural Rights (ICESCR) in 1966, the concept of gender had not entered the international arena. Relations between women and men in the allocation and enjoyment of rights were addressed through the concept of non-discrimination, inter alia on the basis of sex. The term ‘gender’ began to enter the international agenda in the 1980s, first through the global conferences on women. The World Conference on Human Rights at Vienna in 1993 continued this trend, referring to gender-based violence, gender bias, and gender-disaggregated statistics. It also called for ‘the …
Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris
Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris
Journal Articles
This article examines the use of country conditions experts in gender-based asylum claims, with a focus on African women and girls facing gender-based violence in their countries of origin. Using anonymous case examples from the work of the Tahirih Justice Center’s African Women’s Empowerment Project, the article explores the role of experts and the critical bridge that experts can provide in asylum claims adjudicated at the asylum office and in immigration court. A brief overview of U.S. asylum law and procedures sets the stage for a deeper look at expert evidence.
Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha
Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha
Articles in Law Reviews & Other Academic Journals
In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing asylum …