Some other(ed) 'refugees'?: women seeking asylum under refugee and human rights law

Chapter in ‘Research Handbook on International Refugee Law’ edited by SS Juss. This chapter explores three issues that arise from a consideration of women’s claims for recognition as refugees under international refugee law (IRL), subsidiary protection and/or protection from refoulement under international human rights law (IHRL). The first issue considered is women’s access to protection. Attention is drawn to the increasing numbers of women seeking protection, and the gendered impacts that Europe’s ‘re-bordering’ has on those women who are forced to undertake ‘illegalised’ and, therefore, ever-more dangerous journeys. The second issue considered is the scope of protection offered to women seeking protection from gender-based violence under IRL and IHRL. The chapter concludes with a consideration of a recent success: developments in IHRL that seek to improve the way that women’s claims for protection are determined.