Crimes Against Honour: Women in International Refugee Law

Abstract

This article examines two perspectives concerning refugee women in the legal literature. One perspective argues that sex should be included in the Convention definition as a persecutory ground and that the concept of ‘persecution’ itself should be reformulated to incorporate the experience of women. The second perspective argues that a distinction must be drawn between a persecutory form and a persectory ground, and that issues relating to sex can be better addressed within the legal structures which currently exist. The article first provides a backdrop to the debate which discusess sexual violence and other forms of violence against women which exist in the refugee context; then gives a detailed exposition of both perspectives; discusses the issues in a practical sense with reference to the Canadian experience; and finally provides comparisons and conclusions.