Gender-based persecution at the international, European and Spanish levels: obstacles and challenges

Abstract

This paper is an effort to discuss the concept of gender-based persecution and the normative framework at the International, European and Spanish levels. My starting point is that International Refugee Law has been androcentric since its establishment. This is the reason why the first thought that comes to our mind when we think about a refugee is a man fleeing his country of origin owing to a well-founded fear of being persecuted for political opinions. And it is also the reason that gender-based persecution is not specifically covered in the 1951 Convention Relating to the Status of Refugees. Fortunately, the International Community, better late than never, became aware of the particular experiences of refugee women. But the incorporation of gender-based persecution has been weak and has not taken into account the needs and experiences of refugees and asylum-seeking women. My main conclusion is that a recognition of gender-based persecution as an autonomous ground must be seek.