One step forward, two steps back? Interpreting 'particular social group' in the European Union

Querton, Christel

Abstract

The article tests the claim of feminist scholars that concerns about gender have been marginalised in refugee law, by exploring the interpretation given to the concept of a 'Particular Social Group' set out in the 1951 Refugee Convention. It is argued that recent practice at the supranational level in the European Union has contributed to the deterioration of refugee protection standards for women seeking asylum from gender-based violence. However, the article demonstrates that a human rights-based approach to the interpretation of 'Particular Social Group', which is supported by extensive examples of good practice in individual Member States, has the potential to redress this.

Citation

Querton, C. (2022). One step forward, two steps back? Interpreting 'particular social group' in the European Union. International and Comparative Law Quarterly, 71(2), 425 - 451. https://doi.org/10.1017/S0020589322000021

• Journal Article Type: Article
• Acceptance Date: Dec 8, 2021
• Online Publication Date: Mar 22, 2022
• Publication Date: 2022-04
• Deposit Date: Mar 8, 2022
• Publicly Available Date: May 6, 2022
• Journal: International and Comparative Law Quarterly
• Print ISSN: 0020-5893
• Electronic ISSN: 1471-6895
• Publisher: Cambridge University Press (CUP)
• Peer Reviewed: Peer Reviewed
• Volume: 71
• Issue: 2
• Pages: 425 - 451
• DOI: https://doi.org/10.1017/S0020589322000021
• Public URL: https://uwe-repository.worktribe.com/output/9186158