The Gender Difference: Feminist Critiques of Refugee Discourse

Recent feminist critiques of Convention refugee discourse have called for the1 addition of gender as a prohibited ground of persecution. However, the inclusion of gender as such a ground assumes consensus on the nature of gender-based persecution. This article takes issue with recent writing on gender-based persecution, particularly the relationship between women and the State, and the characterization of women's persecution as taking place in individuated instances of oppression and resistance. The author proposes the adoption of a human rights based definition of persecution, the recognition of women as a particular social group, research into and documentation of gender-specific oppression (including laws and customs), and general access to full and fair hearings as steps which could be taken to develop a comprehensive profile of gender-based refugee claims.