Adjudication of asylum claims (refugee status determination / asylum procedures) / Gender-based persecution

The Committee makes the following recommendations to the State party: (a) Concerning the author of the communication and her daughters: (i) Reopen their asylum case, taking into account the Committee’s views; (ii) Refrain from forcibly returning them to Jordan, where they would be exposed to a real, personal and foreseeable risk of severe forms of gender-based violence. (b) General: (i) Take all measures necessary to ensure that victims of gender-based forms of persecution who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to gender-based violence or to torture or ill-treatment; (ii) Ensure that the threshold for accepting asylum applications is measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution upon her return; (iii) Ensure that women asylum seekers have timely information on the importance of the first interview and what constitutes relevant information in that context; (iv) Ensure that, whenever necessary, examiners use all the means at their disposal to produce and/or verify the necessary evidence in support of the application, including by seeking and gathering information from reliable governmental and non-governmental sources on human rights in the country of origin, in particular relating to the situation of women and girls, and taking all necessary measures in that regard; (v) Ensure, when interpreting all legally recognized grounds for asylum, the classification of claims for asylum on the basis of gender under the grounds of membership of a particular social group, where necessary, and consider adding sex and/or gender and other status to the list of grounds for refugee status in national asylum legislation;

15 July 2019 | Judicial Body: UN Committee on the Elimination of Discrimination Against Women (CEDAW) | Document type: Case Law | Legal Instrument: 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Topic(s): Domestic violence - Forced marriage - Gender-based persecution - Women's rights | Countries: Denmark - Jordan - Palestine, State of

8 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

9 November 2018 | Publisher: Danish Immigration Service | Document type: Country Reports

9 November 2018 | Publisher: Danish Immigration Service | Document type: Country Reports

15 October 2018 | Publisher: Asylum Research Centre (ARC) | Document type: Country Reports

October 2018 | Publisher: Ireland: Refugee Documentation Centre | Document type: Case Law Compilations/Analyses

October 2018 | Publisher: Ireland: Refugee Documentation Centre | Document type: Case Law Compilations/Analyses