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Markard, Nora

Persecution for reasons of membership of a particular social group : intersectionality avant la lettre?

2016 - Franco Angeli

45-63 p.

  • The concept of intersectionality has been gaining ground in the area of international human rights. But while international refugee law has followed the developments in human rights law by recognizing gender-based persecution, the concept of intersectionality has not seen a similar breakthrough. However, the definition of a refugee in the 1951 Geneva Convention leaves ample room for an intersectional analysis; by requiring that persecution be feared for reasons of race, religion, nationality, political opinion or "membership of a particular social group", it provides an open category that can be defined by a multiplicity of factors, as needed to reflect the reasons for persecution in the individual case. Indeed, courts have made use of this category for intersectional claims, albeit with obstacles. A preliminary analysis suggests that a more explicit engagement with the concept of intersectionality has additional potential to offer for international refugee law [Publisher's Text].

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Sociologia del diritto : 2, 2016