Women's Claims

UNHCR has long recognized the special protection needs of women and girls in refugee and asylum procedures and works to understand escalating levels of violence they face across the globe. Recognizing the unique risks this population faces and in accordance with established international standards, UNHCR takes the view that the refugee definition encompasses claims from women and girls who experienced or might experience gender-based violence. It has developed guidance accordingly.

Key UNHCR Resources

• Guidelines on International Protection: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees (2002)
• Guidelines on the Protection of Refugee Women (1991) 

• Comments on the Proposed Rules from the U.S. Dept. of Justice and Dept. of Homeland Sec., “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review”Link is external (2020)
• Amicus Brief, Marroquin-Perez v. BarrLink is external (2020)
• Amicus Brief, Grace v. BarrLink is external (2019)
• Amicus Brief, Matter of O.L.B.D.Link is external (2019)
• Amicus Brief, Matter of A-R-C-G- et alLink is external. (2012)
• Amicus Brief, Matter of Thomas et al.Link is external (2007)
• Advisory Opinion on International Norms: Gender-Related Persecution and Relevance to “Membership of a Particular Social Group” and “Political Opinion,” in Matter of Rodi Alvarado PeñaLink is external (2004)

For a discussion of the specific protection issues, problems, and risks facing refugee and asylum-seeking women, see:

• UNHCR Policy on the Prevention of, Risk Mitigation, and Response to Gender-Based Violence (2020)
• Protecting Forcibly Displaced Women and Girls During the Covid-19 Pandemic (2021)
• Women on the Run: First-Hand Accounts of Refugees Fleeing El Salvador, Guatemala, Honduras, and Mexico (2015)

Additional Materials

• Refworld: Gender Equality and WomenLink is external 
• Refworld: Gender-Based PersecutionLink is external 
• Refworld: Domestic ViolenceLink is external 
• Refworld: Gender DiscriminationLink is external
• Webinar by UNHCR, CGRS, & Tahirih Justice Center: Representing Women from Central America: Leveraging International Law to Strengthen Asylum Claims (2017) (recordingLink is external and slides)