PrepTest 34, Section 4, Question 26
When women are persecuted on account of their gender, they are likely to be eligible for asylum. Persecution is the linchpin of the definition of a refugee set out in the United Nations Convention Relating to the Status of Refugees. In this document, a refugee is defined as any person facing persecution "for reasons of race, religion, nationality, membership of a particular social group, or political opinion." While persecution on the basis of gender is not explicitly listed, this omission does not preclude victims of gender-based persecution from qualifying as refugees, nor does it reflect an intention that such persons be excluded from international protection. Rather, women persecuted on account of gender are eligible for asylum under the category of "social group." The history of the inclusion of the social-group category in the definition of a refugee indicates that this category was intended to cover groups, such as women facing gender-based persecution, who are otherwise not covered by the definition's specific categories.
The original definition of refugee, which came from the constitution of the International Refugee Organization, did not include social group. However, the above-mentioned United Nations Convention added the category in order to provide a "safety net" for asylum-seekers who should qualify for refugee status but who fail to fall neatly into one of the enumerated categories. The drafters of the Convention intentionally left the precise boundaries of the social-group category undefined to ensure that the category would retain the flexibility necessary to address unanticipated situations.
A broad interpretation of social group is supported by the Handbook on Procedures and Criteria for Determining Refugee Status (1979) published by the office of the United Nations High Commissioner for Refugees (UNHCR). The Handbook describes a social group as persons of similar background, habits, or social status. This expansive interpretation of the category is resonant with the intentions of the Convention drafters�a malleable category created for future asylum determinations. Since many women fleeing gender-based persecution share a common background and social status, they should fall within the Handbook's definition of a social group. Furthermore, a 1985 UNHCR Executive Committee report counseled member states to use the social-group category to classify women asylum-seekers "who face harsh or inhuman treatment due to their having transgressed the social mores of the society in which they live."
Such a pronouncement is particularly significant. A position taken by an organization such as the UNHCR is likely to exert a strong influence on the international community. In particular, the UNHCR's position is likely to have an impact on the interpretation of national asylum laws, since the terms and definitions used in many national laws have been developed under the international consensus that UNHCR represents.
When women are persecuted on account of their gender, they are likely to be eligible for asylum. Persecution is the linchpin of the definition of a refugee set out in the United Nations Convention Relating to the Status of Refugees. In this document, a refugee is defined as any person facing persecution "for reasons of race, religion, nationality, membership of a particular social group, or political opinion." While persecution on the basis of gender is not explicitly listed, this omission does not preclude victims of gender-based persecution from qualifying as refugees, nor does it reflect an intention that such persons be excluded from international protection. Rather, women persecuted on account of gender are eligible for asylum under the category of "social group." The history of the inclusion of the social-group category in the definition of a refugee indicates that this category was intended to cover groups, such as women facing gender-based persecution, who are otherwise not covered by the definition's specific categories.
The original definition of refugee, which came from the constitution of the International Refugee Organization, did not include social group. However, the above-mentioned United Nations Convention added the category in order to provide a "safety net" for asylum-seekers who should qualify for refugee status but who fail to fall neatly into one of the enumerated categories. The drafters of the Convention intentionally left the precise boundaries of the social-group category undefined to ensure that the category would retain the flexibility necessary to address unanticipated situations.
A broad interpretation of social group is supported by the Handbook on Procedures and Criteria for Determining Refugee Status (1979) published by the office of the United Nations High Commissioner for Refugees (UNHCR). The Handbook describes a social group as persons of similar background, habits, or social status. This expansive interpretation of the category is resonant with the intentions of the Convention drafters�a malleable category created for future asylum determinations. Since many women fleeing gender-based persecution share a common background and social status, they should fall within the Handbook's definition of a social group. Furthermore, a 1985 UNHCR Executive Committee report counseled member states to use the social-group category to classify women asylum-seekers "who face harsh or inhuman treatment due to their having transgressed the social mores of the society in which they live."
Such a pronouncement is particularly significant. A position taken by an organization such as the UNHCR is likely to exert a strong influence on the international community. In particular, the UNHCR's position is likely to have an impact on the interpretation of national asylum laws, since the terms and definitions used in many national laws have been developed under the international consensus that UNHCR represents.
When women are persecuted on account of their gender, they are likely to be eligible for asylum. Persecution is the linchpin of the definition of a refugee set out in the United Nations Convention Relating to the Status of Refugees. In this document, a refugee is defined as any person facing persecution "for reasons of race, religion, nationality, membership of a particular social group, or political opinion." While persecution on the basis of gender is not explicitly listed, this omission does not preclude victims of gender-based persecution from qualifying as refugees, nor does it reflect an intention that such persons be excluded from international protection. Rather, women persecuted on account of gender are eligible for asylum under the category of "social group." The history of the inclusion of the social-group category in the definition of a refugee indicates that this category was intended to cover groups, such as women facing gender-based persecution, who are otherwise not covered by the definition's specific categories.
The original definition of refugee, which came from the constitution of the International Refugee Organization, did not include social group. However, the above-mentioned United Nations Convention added the category in order to provide a "safety net" for asylum-seekers who should qualify for refugee status but who fail to fall neatly into one of the enumerated categories. The drafters of the Convention intentionally left the precise boundaries of the social-group category undefined to ensure that the category would retain the flexibility necessary to address unanticipated situations.
A broad interpretation of social group is supported by the Handbook on Procedures and Criteria for Determining Refugee Status (1979) published by the office of the United Nations High Commissioner for Refugees (UNHCR). The Handbook describes a social group as persons of similar background, habits, or social status. This expansive interpretation of the category is resonant with the intentions of the Convention drafters�a malleable category created for future asylum determinations. Since many women fleeing gender-based persecution share a common background and social status, they should fall within the Handbook's definition of a social group. Furthermore, a 1985 UNHCR Executive Committee report counseled member states to use the social-group category to classify women asylum-seekers "who face harsh or inhuman treatment due to their having transgressed the social mores of the society in which they live."
Such a pronouncement is particularly significant. A position taken by an organization such as the UNHCR is likely to exert a strong influence on the international community. In particular, the UNHCR's position is likely to have an impact on the interpretation of national asylum laws, since the terms and definitions used in many national laws have been developed under the international consensus that UNHCR represents.
When women are persecuted on account of their gender, they are likely to be eligible for asylum. Persecution is the linchpin of the definition of a refugee set out in the United Nations Convention Relating to the Status of Refugees. In this document, a refugee is defined as any person facing persecution "for reasons of race, religion, nationality, membership of a particular social group, or political opinion." While persecution on the basis of gender is not explicitly listed, this omission does not preclude victims of gender-based persecution from qualifying as refugees, nor does it reflect an intention that such persons be excluded from international protection. Rather, women persecuted on account of gender are eligible for asylum under the category of "social group." The history of the inclusion of the social-group category in the definition of a refugee indicates that this category was intended to cover groups, such as women facing gender-based persecution, who are otherwise not covered by the definition's specific categories.
The original definition of refugee, which came from the constitution of the International Refugee Organization, did not include social group. However, the above-mentioned United Nations Convention added the category in order to provide a "safety net" for asylum-seekers who should qualify for refugee status but who fail to fall neatly into one of the enumerated categories. The drafters of the Convention intentionally left the precise boundaries of the social-group category undefined to ensure that the category would retain the flexibility necessary to address unanticipated situations.
A broad interpretation of social group is supported by the Handbook on Procedures and Criteria for Determining Refugee Status (1979) published by the office of the United Nations High Commissioner for Refugees (UNHCR). The Handbook describes a social group as persons of similar background, habits, or social status. This expansive interpretation of the category is resonant with the intentions of the Convention drafters�a malleable category created for future asylum determinations. Since many women fleeing gender-based persecution share a common background and social status, they should fall within the Handbook's definition of a social group. Furthermore, a 1985 UNHCR Executive Committee report counseled member states to use the social-group category to classify women asylum-seekers "who face harsh or inhuman treatment due to their having transgressed the social mores of the society in which they live."
Such a pronouncement is particularly significant. A position taken by an organization such as the UNHCR is likely to exert a strong influence on the international community. In particular, the UNHCR's position is likely to have an impact on the interpretation of national asylum laws, since the terms and definitions used in many national laws have been developed under the international consensus that UNHCR represents.
The primary purpose of the passage is to
trace the development of the definition of an important term
interpret the historical circumstances leading to the development of two documents
resolve two apparently contradictory interpretations of a legal document
suggest an alternative solution to a much-disputed problem
argue against the current definition of a specific term
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