No one should experience violence because of their gender. And when they do, they should have the right to seek safety.
The Movement for Gender Asylum Justice is a community of individuals and organizations that support equal access to asylum for survivors of gender-based violence. While some survivors do receive asylum, often those fleeing persecution such as domestic violence, rape, and forced marriage do not. People experiencing gender-based persecution are as worthy of protection as survivors of other forms of persecution, and it’s time our asylum laws reflect that.
WHAT WE BELIEVE
Many reforms are needed to enhance survivors’ access to protection. Among these important reforms is the need to name gender as a protected ground of asylum in our law, alongside the other fundamental attributes already included such as race, religion, and nationality. U.S. federal anti-discrimination laws have included gender as a protected characteristic for decades, and at least 25 other countries have updated their asylum laws to explicitly name gender as well.
The U.S. must now follow suit and formally recognize that persecution on account of gender is a pervasive and systemic human rights abuse that warrants redress like any other. This change is long overdue.
Quotes from Supporters
“My family in India will force me to marry or kill me if I refuse. I applied for asylum, but the application said nothing about violence because I am a woman. If it had, I could have had the chance to explain how women are treated at home – because they are women. My case was denied.”
“Adding ‘Sex/Gender’ as a basis for asylum would not conflict with the Refugee Protocol or international law. On the contrary, it would further UNHCR’s mandate to protect women. The Protocol sets the floor for protection and not the ceiling.”
“Amending the law to add gender as a protected ground is an urgent priority. Just like race or religion, gender has always been used to categorize people in society— and unfortunately to justify persecution against them.”
“If women are persecuted solely on account of their gender, why is that not enough of a reason for us to offer them protection like we do for others?”
The following resources regarding the Movement For Gender Asylum Justice explore how naming gender as a ground of asylum will lessen re-traumatization for survivors during case preparation; mitigate the need for indigent applicants to retain specialized counsel; and both enhance due process and judicial efficiency by minimizing protracted proceedings and appeals. If you have additional, relevant resources to share, or any questions about this topic, please email [email protected].
Research & Analysis
- Ensuring Equal and Enduring Access to Asylum: Why ‘Gender’ Must be a Protected Ground – An in-depth, comprehensive report from Tahirih including perspectives from survivors, pro bono attorneys, refugee health care providers, and a former immigration judge.
- Other Countries that Name Gender as a Basis for Asylum – A comprehensive chart citing laws from other countries that name gender as a basis for asylum, either as an independent ground, or as a listed “particular social group.”
- Short 4-pager: Arguments for the 6th Ground – A brief explanation of arguments and proposed legislative language to support adding the 6th ground to the asylum statute.
- One-Pager: Summary of Arguments– A one page outline of arguments for the 6th
- Frequently Asked Questions– Quick Q’s & A’s addressing common arguments relating to the 6th
- Case Examples– Examples of cases that were denied under our current framework, and that would be more likely to be granted with a 6th
- Report: Surviving Deterrence: How US Asylum Deterrence Policies Normalize Gender-Based Violence
- Webinar on Surviving Deterrence: How US Asylum Deterrence Policies Normalize Gender-Based Violence
- Resources on Gender Based Violence at the Southern Border
- Electo Analytics: Adapting Asylum Protections For Women Refugees
- Op-Ed: The Hill – Central American Women Fleeing Domestic Violence Deserve Refugee Status
- Op-Ed: USA Today – Gender-related Violence Should be Grounds for Asylum. Congress Must Fix this for Women
- Op-Ed: The Washington Post – U.S. Asylum Law Must Protect Women
- Blog Post: Immigration Courtside – Gorelick and Miller-Muro are Right
- The 19th News Explains: Why Domestic Violence Survivors Once Again Have a Better Chance of Getting Asylum
- Univision Noticias – “La jueza no me creyó”: el duro camino de las víctimas de violencia doméstica que buscan asilo en EEUU
Click on the buttons below to see what you can do to protect asylum for survivors of gender-based violence:
Get the Facts
At least 76 countries have laws that criminalize LGBTQ individuals
200 million women have experienced female genital mutilation or cutting
Worldwide, almost 3 in 5 women killed were killed by their partners or family in 2017
Globally, at least 1 in 3 women have experienced physical or sexual violence in their lifetime
Over 3,300 transgender individuals are known to have been killed in the last decade in dozens of countries
Immigrant women in the U.S. are 2 times more likely to experience domestic violence than the general population
Sexual violence against men and boys has been reported in over 25 conflict-affected countries in the last decade
If the current trends continue, 150 million more children will be married before the age of 18 by 2030