Female Genital Mutilation: United States Asylum Laws Are in Need of Reform
نویسندگان
چکیده
Gender-based asylum claims are becoming more prevalent in the United States ("US").2 Specifically, female genital mutilation ("FGM") is an issue that is currently receiving widespread attention.3 This Comment analyzes and criticizes US asylum laws regarding FGM. It advocates redefining the legal element "persecution," a component of the current US asylum test, to include maintaining and perpetuating the subordination of women. Under this new definition, females who flee their native countries after having undergone FGM may be granted asylum so long as they fear contributing to the preservation of patriarchal structures if forced to return to their homelands. A law or mandatory societal custom that targets only women and severely punishes them for violation may be classified as a form of gender-based persecution.4 Currently, the structure of US immigration law does not fully recognize gender-based asylum claims, particularly FGM.5 Section I of this Comment describes FGM in-depth and sections II and III explain current US asylum law while exploring the
منابع مشابه
Female genital mutilation, asylum seekers and refugees: the need for an integrated European Union agenda.
Asylum seekers and refugees (ASRs) are a heterogeneous population with distinct physical and psychological needs. ASRs with additional health needs are girls and women who have undergone, or are at risk of undergoing, female genital mutilation (FGM). Across the European Union (EU), variation exists in Member States' anti-FGM and asylum legislation, the rigour of existing research programmes, an...
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INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 R I. GENERAL BACKGROUND OF FEMALE GENITAL MUTILATION . 601 R II. GENERAL BACKGROUND OF ASYLUM LAW AND THE SOCIALGROUP CATEGORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604 R A. The Definition of “Refugee” and “Persecution” . . . . . 604 R B. The...
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PURPOSE OF REVIEW The purpose of this review is to provide an up to date account of recent papers and attitude on female genital mutilation in the past year. It is aimed at all professionals caring and supporting women/girls with female genital mutilation, and to identify gaps. RECENT FINDINGS Given the multidisciplinary complexity of the practice of female genital mutilation, it is surprisin...
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