Well-founded fear in international refugee law: a feminist approach

Abstract

International Refugee Law, as a matter of human rights, is in continuous evolution. This article aims to capture what the main advances in ​​gender human rights have been in the regime of well-founded fear of persecution that is entitled by the 1951 Geneva Convention on the Status of Refugees. Thus, this article will expose what is the classic literature around the conceptualization of the well-founded fear of persecution, including what the iusfeminist critical doctrine has contributed. Subsequently, it will be shown how to improve the evaluation process of the two elements that make up the well-founded fear of persecution, namely the subjective and objective elements. Followed by a detail of the main stumbling blocks that such an evaluation has in terms of gender blindness. Finally, this article will venture to make some legal proposals to overcome such gaps.