Persekiojimas dėl lyties pabėgėlių teisėje

Abstract

The master thesis mainly focuses on gender-sensitive and gender-inclusive interpretation of refugee definition within the Geneva Convention 1951 Convention and/or its 1967 Protocol. The analysis of the most frequent forms of gender-related persecution are presented as well as the interpretation of Convention grounds that are most commonly used in asylum claims to base the gender-related claims. The theses emphasize the main problems that are met while interpreting the Convention refugee definition in gender-sensitive way. The first part shortly presents the development of gender-related persecution within the refugee definition in the international field. The second part analyses the most frequently found forms of gender-related persecution in the case law while interpreting the Geneva Convention in different States and examines the persecution by non-state agents. It also examines, if gender-specific persecution has been recognized in legislation or case law as constituting a violation of human rights or serious harm that amounts to persecution. The third part analyses the interpretation of gender-related and gender-specific claims within the light of Convention grounds that are most commonly used to base gender-related claims: religion, political opinion and membership of a particular social group. The interpretation of the Geneva Convention has to be further developed and unified. It can be reached through some concrete changes in international, national law and case-law.