Defining a Particular Social Group Based on Gender

Abstract

lt is now accepted in refugee jurisprudence that gender-based social groups fall within the meaning of Particular Social Group for purposes of according Convention refugee protection. However, the criteria for identifying gender-based social groups remains to be settled. The tendency has been to identify the at-risk group by the common victimization which confronts group members. This is neither innate nor constant. The author takes the position that the group should simply be identified by the gender of its members-women, although there may be subgroups of women united by other characteristics such as race, nationality or religion. Not aIl group members will automatically be eligible for refugee protection; only women who are genuinely at risk of persecution will be accorded Convention refugee status.