欧盟庇护法中的性别问题:伊斯坦布尔公约》改变了游戏规则?

IF 1.3 Q1 LAW
Catherine Warin
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引用次数: 0

摘要

欧洲联盟(欧盟)历来在促进男女平等和打击性别歧视方面发挥着积极作用。在过去的二十年里,欧盟也成为庇护法领域的主要参与者,欧盟成员国制定了若干与 1951 年《难民公约》的适用有关的次级法律文书和大量判例法。然而,欧盟立法的这两个领域--性别平等和庇护--尚未形成一致的联系。同样,欧盟法院关于庇护案件中与性别相关因素的判决也很少。欧洲委员会预防和打击暴力侵害妇女行为及家庭暴力公约》(《伊斯坦布尔公约》)能否帮助弥合这一差距?伊斯坦布尔公约》将基于性别的暴力确定为一种极端形式的歧视,并有整整一章专门讨论移民背景下的妇女问题。这篇文章揭示了《伊斯坦布尔公约》尚未实现的潜力,即在欧盟扩大《难民公约》的保护力量。虽然目前无论是欧洲共同庇护体系,还是其在《移民与庇护新契约》中的新版本,都没有完全达到《伊斯坦布尔公约》的标准,但可以预见的是,欧盟加入该条约将进一步鼓励在欧盟庇护法中采用对性别问题有敏感认识的方法。伊斯坦布尔公约》很可能会改变对女性寻求庇护者的保护,也可能会改变对其他性别身份的寻求庇护者的保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Gender in European Union Asylum Law: The Istanbul Convention as a Game Changer?
The European Union (EU) has historically been a proactive player in advancing equality between women and men, and fighting gender-based discrimination. The past two decades have also seen the EU becoming a major actor in asylum law, with several EU secondary law instruments and a large amount of case law in EU Member States relating to the application of the 1951 Refugee Convention. Yet, these two areas of EU legislation – gender equality and asylum – have yet to become consistently connected. Similarly, judgments of the Court of Justice of the European Union addressing gender-related elements of asylum cases are scarce. Could the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) help bridge the gap? The Istanbul Convention identifies gender-based violence as an extreme form of discrimination and contains a whole chapter dedicated to women in the context of migration. This article sheds light on the yet-to-be-realized potential of the Istanbul Convention to amplify the protective power of the Refugee Convention in the EU. While at present neither the Common European Asylum System, nor its new iteration in the New Pact on Migration and Asylum, fully meets the standards of the Istanbul Convention, it may be expected that the EU’s accession to the treaty will further encourage a gender-sensitive approach in EU asylum law. The Istanbul Convention may well be a game changer for the protection of female asylum seekers, and possibly also for asylum seekers with other gender identities.
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来源期刊
CiteScore
1.40
自引率
0.00%
发文量
28
期刊介绍: The journal aims to stimulate research and thinking on the protection of refugees and other displaced persons in international law, taking account of the broadest range of State and international organization practice. In addition, it serves as an essential tool for all engaged in the protection of refugees and other displaced persons and finding solutions to their problems. It provides key information and commentary on today"s critical issues, including the causes of refugee and related movements, internal displacement, the particular situation of women and refugee children, the human rights and humanitarian dimensions of displacement and the displaced, restrictive policies, asylum.
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