Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.

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The thesis focuses on the Immigration and Refugee Board of Canada's Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution, released in 1993. The guidelines were designed to address a perceived shortcoming in international refugee law and its domestic applications, namely, the omission of gender-based persecution from the protection of the 1951 United Nations Convention Relating to the Status of Refugees. The omission of gender from the UN Convention had resulted in gender inequalities in the evaluation of asylum claims, inequalities the Canadian guidelines were designed to correct. However, since the inception of the guidelines, critics have dismissed the directives as numerically ineffective, pointing to the low numbers of women requesting asylum on the basis of gender-related persecution. While such a numerical analysis may be useful, the thesis argues it is incomplete. The thesis centres instead on the vital consciousness-raising role played by the guidelines, both domestically and abroad, and on the concrete results engendered by this function in the international realm of women's human rights.

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