Posted by: trudecdgecs | June 18, 2009

UNHCR Guidance Note on Refugee Claims Relating to FGM

UNHCR last month released a Guidance Note on Refugee Claims Relating to Female Genital Mutilation.  This document outlines evolving jurisprudence on refugee claims relating to FGM and establishes the grounds on which a woman, girl or in some cases a parent can qualify for refugee status under the 1951 Convention due to FGM.

The Note finds that the threat of FGM or even FGM performed previously can constitute well-founded fear of persecution, considering the ways in which FGM can be a child-specific form of persecution and a continuing form of harm.  The issue of agents of persecution and availability of state protection are important.  Under convention grounds, FGM may constitute persecution due to a girl or woman’s membership of a particular social group, political opinion, or religion. The Note also addresses whether internal flight or relocation are sufficient alternatives.

This very important document can be found here.  It is intended for all those involved in refugee status determination, including UNHCR staff, partners, governments, legal practitioners, and the judiciary.

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Responses

  1. […] and asylum claims related to FGM was the subject of a post on this blog last […]


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