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The protection of women asylum seekers under the European convention on Human Rights : unearthing the gendered roots of harm

(2018) HUMAN RIGHTS LAW REVIEW. 18(2). p.347-370
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Abstract
In this article I analyse women asylum seekers' claims of gendered ill-treatment under Article 3 of the European Convention on Human Rights. I argue that the European Court of Human Rights moves away from creating equal conditions of protection for women asylum seekers every time it adopts two modes of reasoning: under scrutinizing the gendered roots of risk of ill-treatment and over scrutinizing individual capacity to deal with the risk. The first mode of reasoning overlooks the social and institutional conditions that render women vulnerable to ill-treatment. The second mode over emphasizes a woman's ability to protect herself and/or male relatives' capacity to protect her. The two modes suggest that women asylum seekers risk ill-treatment because of personal failures/limits rather than socio-institutional failures/constraints. These modes of reasoning may oversimplify concrete risks and recreate women's subordinate status in human rights discourse. To counter these faults, in this article I propose to reappraise the risk of gendered ill-treatment structurally and relationally.
Keywords
asylum seekers, women, gender, inhuman or degrading treatment, non-refoulement, Article 3 European Convention on Human Rights

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Please use this url to cite or link to this publication:

Chicago
Peroni Manzoni, Maria de Lourdes. 2018. “The Protection of Women Asylum Seekers Under the European Convention on Human Rights : Unearthing the Gendered Roots of Harm.” Human Rights Law Review 18 (2): 347–370.
APA
Peroni Manzoni, M. de L. (2018). The protection of women asylum seekers under the European convention on Human Rights : unearthing the gendered roots of harm. HUMAN RIGHTS LAW REVIEW, 18(2), 347–370.
Vancouver
1.
Peroni Manzoni M de L. The protection of women asylum seekers under the European convention on Human Rights : unearthing the gendered roots of harm. HUMAN RIGHTS LAW REVIEW. Oxford: Oxford Univ Press; 2018;18(2):347–70.
MLA
Peroni Manzoni, Maria de Lourdes. “The Protection of Women Asylum Seekers Under the European Convention on Human Rights : Unearthing the Gendered Roots of Harm.” HUMAN RIGHTS LAW REVIEW 18.2 (2018): 347–370. Print.
@article{8572224,
  abstract     = {In this article I analyse women asylum seekers' claims of gendered ill-treatment under Article 3 of the European Convention on Human Rights. I argue that the European Court of Human Rights moves away from creating equal conditions of protection for women asylum seekers every time it adopts two modes of reasoning: under scrutinizing the gendered roots of risk of ill-treatment and over scrutinizing individual capacity to deal with the risk. The first mode of reasoning overlooks the social and institutional conditions that render women vulnerable to ill-treatment. The second mode over emphasizes a woman's ability to protect herself and/or male relatives' capacity to protect her. The two modes suggest that women asylum seekers risk ill-treatment because of personal failures/limits rather than socio-institutional failures/constraints. These modes of reasoning may oversimplify concrete risks and recreate women's subordinate status in human rights discourse. To counter these faults, in this article I propose to reappraise the risk of gendered ill-treatment structurally and relationally.},
  author       = {Peroni Manzoni, Maria de Lourdes},
  issn         = {1461-7781},
  journal      = {HUMAN RIGHTS LAW REVIEW},
  language     = {eng},
  number       = {2},
  pages        = {347--370},
  publisher    = {Oxford Univ Press},
  title        = {The protection of women asylum seekers under the European convention on Human Rights : unearthing the gendered roots of harm},
  url          = {http://dx.doi.org/10.1093/hrlr/ngy005},
  volume       = {18},
  year         = {2018},
}

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