Gender-based Asylum Claims in Scandinavia: Comparing Policies and Practices

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Residents mostly had asylum seeker status The majority of residents lived in an open reception centre Residents shared this place with 1 to 2 adults In total cases were described: Regarding the distribution of reported cases per country, residents from Belgium 67 cases and Ireland 67 cases described the highest number of cases. For professionals, we found that more than half of respondents reported a first and second case of SGBV when asked, Neither of the two groups described acts of harmful cultural practices.

In sum, from the cases described, acts of multi-types of violence were included. From our total sample only Residents reported as main causes: Causes of violence mostly mentioned by professionals were frustration and stress For this group no significant statistical associations in gender were found p-value 0. According to respondents, From the respondents that believed that this violence could be prevented the majority were residents Statistical tests conducted to explore possible associations regarding preventable measures described by the groups of residents and professionals indicated no differences p-value 0.

Regarding statistical associations by gender, for both groups no differences were found p-value 0. Potential preventable measures to reported cases of SGBV, by residents and professionals. In addition, our respondents were asked about the existence of preventable measures in the asylum reception facility where they lived or worked, and also in their hosting country.

Regarding existing preventable measures at asylum reception facilities, the majority of residents Considering existing preventable measures at country-level, the majority of residents were not aware of existing preventable measures Furthermore, residents who reported the existence of preventable measures also reported that the measures were effective The same result was found for professionals In the context of EARF, we found significant statistic associations between being a esident or professional and having the knowledge on existent preventive measures in the hosting country and in the reception facilities p-values: Respondents were asked about possible preventive strategies that could work in a preventive way at EARF.

Statistical differences between what residents and professionals described as possible preventable measures were found p-value 0.

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No significant associations were found in gender for residents and professionals. Our research explored reported cases of SGBV in the year prior to the interview, its assumed causes and preventable measures described by residents and professionals in the context of EARF. The results suggest a high incidence of SGBV reported by residents and professionals. Greece, The Netherlands and Portugal reported less cases. For both groups, physical and psychological violence were the most prevalent types of reported violence, followed by socio-economic and sexual violence.

Harmful cultural practices were not described in the reported cases. This finding is aligned with the difficult to reach, sensitive issue and social taboo that these practices represent [ 38 ]. Furthermore, residents have described fewer cases than professionals, which could be related to fear of stigmatization or expulsion of the proper community, to fear of deportation by host country officials or to barriers in communication [ 3 , 10 , 23 ].

Stating the need for identifying and understanding SGBV causes and contributing factors to develop evidence-based preventive strategies [ 3 , 15 ], we highlight the main causes reported by residents and professionals. Both groups reported coping skills, as frustration and stress management, and differences related to cultural background, as main causes.

In addition, they refer to communication problems as a possible cause for SGBV reported cases. Furthermore, residents identified the asylum procedure as a cause for the described violence. Evidence exists on identifying restricted legal status as increasing vulnerability of refugees to violence [ 8 , 11 , 23 ].

Victimization before and during the forced migration journey has been documented. The lack of laws regulating violence perpetration and the lack of support for survivors have left women more vulnerable to victimization [ 9 ]. We believe that the asylum procedure should be gender-sensitive, protecting all genders and promoting a SGBV free environment. Our results suggest that asylum procedure should be considered a determinant for SGBV vulnerability.

Moreover, a gender-sensitive and equitable asylum procedure is an urgent need. Acknowledging that achievements have been made, recent evidence shows the need for moving from theory to the reality of asylum reception centres [ 17 ]. Previous research has linked alcohol abuse with sexual harassment, aggression or rape victimization [ 11 , 40 ].

In our results, an underestimated bias should be considered. It is still important to mitigate the odds of alcohol-related aggression, not only on this specific context but also in general. Our results demonstrate contributing factors to SGBV at different levels — individual, relational, community and societal level, aligning with the Socio-ecological model [ 4 , 14 , 41 ] and reinforces the concept of multifactorial causes of SGBV and the inherent complexity of addressing it.

Analyzing it from a dynamic and interactive perspective, frustration and stress as a cause of violent acts can be related to bad accommodation. Further, current living conditions for refugees - women and girls — in Greek Islands are described as being far from standards that mitigate SGBV victimization [ 19 ]. In our results, no gender association was found, we speculate that inadequate living conditions can be a trigger to SGBV victimization for both women and men.

Furthermore, the groups described similar measures that could be implemented in the context of EARF. Our results are aligned with WHO preventive strategies to reduce multi-types of violence [ 16 ] and consistent with the WHO report findings, suggesting that even though countries are investing in violence prevention, the implementation of the programs does not reach the level of implementation necessary to combat the issue [ 16 ]. In our study, specific causes and preventable measures were described.

However, a high incidence of cases are still reported. Respondents reported the need of awareness and intervention on SGBV and of improving preventive measures, in this sense, we highlight the need for more training on SGBV in this specific context. Our results suggest that the majority of residents are not aware of existent preventable measures at asylum and host country level.

We believe that this is an urgent call for action urges in terms of training.

We stress the need for well-defined preventive measures that can combat the problem [ 16 ]. Specific interventions should be considered, such as implementing systematic training on awareness, conceptualization, vulnerable groups and prevention of SGBV, including workshops on coping strategies to stress and frustration; improving the asylum procedure; improving basic living conditions and promoting an environment where residents and professionals can openly and respectfully communicate. Being mindful that all these interventions should ensure the respect for cultural beliefs.

Yet, there is a need to go beyond the definition of preventive measures, and guarantee the implementation of interventions in the field. Moreover, a systematic evaluation of preventive measures in EARF context should take place, to ensure effectiveness. For the group of residents, we found that gender was associated with the need of improving accommodation and living conditions and, the need for cohesion and empowerment of residents. The majority of female residents have described the need for improving accommodation and living conditions as a preventive measure in the context of asylum facilities.

Which is consistent with a recent study emphasizing SGBV vulnerability of female refugees due to inadequate living conditions [ 17 ]. Yet, only male residents have described the need for cohesion and empowerment of residents. Even though associations were found, and if we take into account the assumed causes, we can assume that both genders are vulnerable to SGBV. In this sense, we consider of most importance to identify and implement preventive measures that will reinforce gender equity and reduce power imbalance, while addressing all gender needs.

Supporting that is the fact that both groups have described SGBV sensitization and improvement of prevention measures as a preventable measure that could reduce SGBV victimization.

Gender Issues in the Asylum Claim

According to our study, respondents have identified potential strategies that could tackle down the problematic of SGBV. Besides, a competent, committed and connected staff is a prerequisite to effective SGBV preventive programs [ 27 ]. A more in-depth Directive is in vigor, recommending that EU Member States should implement specific measures addressing SGBV, including sexual assault and harassment, and that adequate medical and psychological care for vulnerable groups should be guaranteed [ 33 ].

We believe that the different countries researched have implemented this Directive to different levels. European countries must ensure an effective implementation of minimum standards at asylum reception facilities [ 42 ]. Taking into account the living conditions of our respondents and the identification of it as potential preventive measures, we believe that specific measures should be considered a priority.

This guidance brings clear standards that should be present at asylum reception facilities, and corresponding indicators to evaluate the living conditions.

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Through our results, significant associations emerged for residents or professionals and the description of the specific causes for reported SGBV and potentially preventable measures. Furthermore, to involve professionals and residents of EARF as active stakeholders, when defining and implementing SGBV prevention measures, is primary.

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Also, taking into account that a high incidence of perpetrators are staff, guards or volunteers [ 8 , 17 ], it is urgent to promote SGBV awareness and education, by promoting compulsory training on prevention and response policies, targeting all vulnerable groups. Even though significant and relevant findings arise from our study we highlight the importance of acknowledging limitations of our research. First, we cannot exclude that the community researchers conducting the interviews could have had a different conceptualization of SGBV despite the standardized training.

Secondly, we have no reported cases of harmful cultural practices, what can be related with the evidence that this type of violence is rarely disclosed due to sensitivity and social taboos within an asylum procedure [ 38 ]. Another relevant bias is related with the disclosure of violence. Even though confidentiality was guaranteed during the interview, residents might have feared it could influence their asylum procedure. For professionals, they assumed not to dare to speak openly, even if they had superior consent.

Finally, we believe that further research is needed addressing the specific context of asylum reception facilities, and evaluating SGBV preventive strategies [ 8 , 15 , 27 ]. There is an urgent need to understand the impact of SGBV preventive strategies and what works best, according to the target population and specificity of the social context.

Prior research has already sustained the need for systematic evaluation research on prevention and management of all kinds of gender-based violence [ 25 — 27 ]. Residents and professionals have identified potential causes that trigger SGBV. Considering the context of EARF, we believe there is a window of opportunity to implement integrated preventive strategies for such a complex and highly vulnerable population. We believe that residents and professionals should be considered active stakeholder to defining SGBV preventive measures.

We highlight the importance of gender-sensitivity and equity in asylum procedures and adequate accommodation facilities to promote a SGBV free environment. Even thought, SGBV incidence data is lacking, this is due to the survivors avoiding disclosure of their experience unless visible and severe health consequences arise [ 19 ]. Refugees, AS and migrants are victims of SGBV, with men and women being vulnerable [ 8 ], and the fact that this violence is committed in EARF requires an urgent call for action [ 17 ].

IK designed and coordinated Senperforto project. IK and SD contributed to the sampling and recruitment of respondents, the data gathering and first analysis. CO continued with the in-depth analysis of the data, to which all authors contributed as well as to the design, the writing, and the revision of drafts of this paper. Finally, all the authors have read and agreed on the final paper. Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

National Center for Biotechnology Information , U. Journal List Global Health v. Published online May 9. Author information Article notes Copyright and License information Disclaimer. Received Jul 12; Accepted May 1. Abstract Background Sexual and gender-based violence SGBV is a widespread public health problem and a violation of human rights rooted in gender and power inequities. Methods We developed a cross-sectional study using the Senperforto project database. Results In total respondents: Sexual and gender-based violence, Sexual violence, Refugees, Asylum-seekers, Migrants, Asylum reception facilities, Professionals, Causes, Prevention measures, Preventive strategy.

Background Sexual and Gender-based Violence SGBV is a widespread public health issue and a violation of human rights [ 1 , 2 ] rooted in gender and power inequities [ 3 ]. Methods Conceptual model Our conceptual framework was founded on a public health approach to violence [ 16 ] and the Socio-ecological Model [ 14 ] to address SGBV. Senperforto project A cross-sectional study was developed using data from a knowledge, attitude and practice KAP questionnaire from the Senperforto Project.

Data analysis At first data cleaning, we excluded all the Spanish interviews for the open questions part regarding violence experiences, attitudes and prevention and response measures. Results Respondents included persons: Gender roles in many countries mean that women will more often be involved in low level political activities for instance hiding people, passing messages or providing community services, food, clothing or medical care. The response of the state to such activity may be disproportionately persecutory because of the involvement of a section of society, namely women, who because of their gender it is considered inappropriate for them to be involved at all.

Involvement in such activities could be seen to imply that the person holds a political opinion: Furthermore a person may be attributed a political opinion that they do not actually hold. In these circumstances it is essential to look at what motivates the persecutor, as they will be attributing the political opinion to the individual. For instance a woman who is forced to provide food for a rebel group may be attributed a political opinion by the state even though she does not support the group.

It is important not to underestimate or overlook the political dimensions of a woman's experiences of persecution even though a woman may not regard herself as making a political statement.

Comparative Analysis of Gender-Related Asylum Claims in Europe Released

Non-conformist opinions or behaviour may in certain circumstances be the expression of a political opinion or may result in a woman having a political opinion attributed to her whether she holds one or not. For instance opposition to institutionalised discrimination against women in society can be seen to constitute a political opinion.

Non-conformist behaviour in certain cultures such as refusing to wear a veil, pursuing an education or choosing a partner could also lead to a woman having a political opinion attributed to her. Equally the refusal of men to grow a beard or dress accordingly to social norms may be interpreted as meaning that men hold a particular political opinion.

Most claims on the basis of gender will be covered by other Convention grounds i. However in some cases gender may be a factor in recognising membership of a particular social group PSG or an identifying characteristic of such a group. These guidelines and existing case law indicate that particular social groups can be identified by reference to innate or unchangeable characteristics. There are cases where women are persecuted solely because of their family or kinship relationships, for example, a woman may be persecuted as a means of demoralising or punishing members of her family or community, or in order to pressurise her into revealing information.

An applicant need not show that the members of a PSG know each other or associate with each other as a group. Neither must an applicant demonstrate that all members of a PSG are at risk of persecution in order to establish the existence of that group in the perception of others. The fact that the particular social group consists of large numbers of the female population in the country concerned is irrelevant. Race, religion, nationality and political opinion are also characteristics that are shared by large numbers of people. Procedural issues can mean that gender issues may not come to light at an early stage in the determination process.

Although some women asylum seekers arrive alone, others arrive as part of a family unit and are sometimes not interviewed or are cursorily interviewed about their experiences even when it is possible that they, rather than, or as well as, their male relatives, have been persecuted. Male relatives or associates may not raise relevant issues because they are unaware of the details or their importance or are ashamed to report them. It is important that the right questions are asked during the interview in order that all of the information that is of relevance to the decision can be properly assessed.

Political activities also include, community activism, providing food or shelter, message taking, hiding people or refusing to conform to particular social norms. Women may also have a different perception of torture, which may not equate with the types of harm they fear, for example sexual violence, violence within the family, marriage-related harm, female genital mutilation See Special Issues: In addition interviewers should be aware of the need for culturally sensitive communication to ensure as much information about the basis of the application is available as is possible.

Cultural and other differences and trauma can play an important role in determining demeanour i. For example, they may not be able to provide membership cards or newspaper cuttings relating to their political involvement because they have been indirectly involved through a supporting role or because the political opinion has been imputed to them. Similarly, information about violence within the family or community may be difficult to find. Background reports and country information often lack analysis of the position and status of women.

Statistical data on the incidence of sexual or other violence is often inadequate or lacking. It is important that those working with, or representing, refugee women are familiar with the role, status, and treatment of women in the country from which a woman has fled. It is essential to consider a number of issues when gathering information.

These include, but are not limited to:. Gender-Related Persecution to include explicit reference to the ways in which gender should be taken into account when deciding whether an individual is in need of international protection. These guidelines are intended to provide legal interpretative guidance for governments, legal practitioners, decision-makers and the judiciary, as well as UNHCR staff carrying out refugee status determination in the field. You can find more information about FGM here , and more information about smuggling and trafficking here. A number of countries including Canada, the United States, Australia, Germany, Ireland, the Netherlands, South Africa, Sweden and the UK have now included explicit reference to gender or sex as grounds for refugee status in their domestic refugee legislation, or have recognised that particular forms of gender-related violence or harm constitute forms of persecution.

The Canadian gender guidelines were subsequently updated in and have formed the template for many of the guidelines subsequently published in other countries including in the United States , Australia and more recently Sweden, the Netherlands and South Africa. Web links to the gender guidelines produced in the UK and elsewhere can be found below. Their video advocacy documentaries Gender Against Men and They Slept with Me have been particularly effective in this regard. There have since been a number of media reports addressing this question. Looking more specifically at the trafficking of men , IOM produced a report on the less considered experiences of trafficked men from Belarus and Ukraine.

For a more general overview of masculinities in conflict and peacebuilding context, Saferworld produced a comprehensive report on Masculinities, conflict and peacebuilding: For questions surrounding men, forced migration and resettlement, Forced Migration Review recently published a piece exploring Who will resettle single Syrian men? Scholarly research has also started to critically explore masculinities in conflict , as well as the roles of intersecting masculinities in the European refugee crisis.

Leading jurisprudence in many national jurisdictions has also recognised various forms of gender-related persecution as grounds for asylum. Links to important cases involving gender-related and gender-specific persecution can be found below. Khadija Ahmed Mohamed v. Fornah FC Appellant v. Ali Kamaleddin, Fatemeh Zokaei-Alamdari v.

Maria Esperanza Castillo v. Secretary of State for the Home Department; R v. Minister for Immigration and Multicultural Affairs v. Guidelines on Prevention and Response , Geneva: Gender-Related Persecution , Geneva: Membership of a Particular Social Group. FCO Guidelines for investigating conflict-related sexual violence against men and boys.

Amnesty International 'I want a safe place': A Gender Analysis http: Moussa eds Not Born a Refugee Woman: Sexual and gender minorities in conflict, displacement and peacebuilding www. Implications for Humanitarian Response http: Rights of Women Seeking Refuge? Rights of Women http: Refugee Women Speak Out , Geneva: Report from the Balkans https: The Hastings Centre on Gender and Refugee Studies contains a range of guidelines and case law and other related material on gender-related persecution and women refugees including information on gender issues in countries from which women come.

The University of Minnesota Human Rights Library contains useful information on treaties and human rights case law. The University of Michigan Case Law Database is excellent search engine for carefully selected asylum decisions from a wide range of jurisdictions, with summaries. The website of the International Association of Refugee Law Judges includes a database of cases from many mostly European jurisdictions.

The Hungarian Helsinki Committee Refugee Law Reader provides excellent case summaries and identifies and provides links to key academic articles on various topics, general and European-focused. The Women's Refugee Commission advocates vigorously for laws, policies and programs to improve the lives and protect the rights of refugee and internally displaced women, children and young people, including those seeking asylum—bringing about lasting, measurable change.

The Gender and Sexuality Programme at the Refugee Law Project works to ensure that all people can access and enjoy their sexual and gender being and rights, and to raise global awareness of the close relationship between violations of sexuality and gender, and patterns of forced migration. Skip to main content. Gender Issues in the Asylum Claim In addition to the information below, please also see the e-learning guide available at www. Professor Heaven Crawley Tel: The reasons are two-fold: Gender-specific and gender-related persecution It is important to understand the difference between gender-related persecution and gender-specific forms of harm.

Serious harm There are many forms of harm that are only or more frequently used against women that may constitute serious harm and, if combined with a failure of state protection, rise to the level of persecution. Gender-specific forms of persecution include, but are not limited to: Marriage-related harm; Violence within the family or community; Domestic slavery; Forced abortion; Forced sterilisation; Trafficking; Female genital mutilation; Sexual violence and abuse and rape.

Examples of such discrimination, some of which can be seen more often to affect women, include: This can include, but is not limited to: A failure of state protection exists in the following situations: The Convention grounds In the absence of gender as an enumerated Convention ground within the Refugee Convention means that there is considerable debate about how gender issues in the asylum claim are dealt with under international law. Gender-Related Persecution, paragraph 6 Race Whilst actual or attributed racial identity is not specific to either women or men, it may operate in tandem with gender to explain why a particular woman or man fears persecution.

Religion Both women and men may face harm for their adherence to, or rejection of, a religious belief or practice. Nationality The term 'nationality' does not only mean 'citizenship'. Political opinion Holding political opinions different from those of the home government is not in itself a ground for refugee status. Membership of a Particular Social Group Most claims on the basis of gender will be covered by other Convention grounds i. Procedural issues Procedural issues can mean that gender issues may not come to light at an early stage in the determination process.

These include, but are not limited to: CASE LAW Leading jurisprudence in many national jurisdictions has also recognised various forms of gender-related persecution as grounds for asylum.

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