Women fearing gender-based persecution for reasons of transgressing social mores by being "too western" - a particular social group or not?

Abstract

This thesis seeks to find an answer to the following question: Can women who fear being subjected to gender-based persecution for reasons of transgressing social mores due to being “too western”, primary in terms of clothing, be seen as members of a particular social group and therefore granted refugee status if the fear of persecution due to that reason is well- founded?

This thesis begins by explaining the concept of a particular social group through the UNHCR Handbook and Guidelines, where the two different requirements for a group to be considered a particular social group is presented, i.e., the social perception approach and the protected characteristics approach. Also relevant regional definitions and national case law is provided in order for the reader to better understand what is required of the applicant to be seen as a member of a particular social group. Many of the states require both approaches to be met.

As this thesis studies women fearing gender-based persecution for reasons of transgressing social mores by being ”too western”, also gender-based violence is explained through different international instruments, Also, the UNHCR’s interpretation on gender-based persecution is discussed. The thesis continues by discussing women as a particular social group, and relevant national case law is provided. This functions as a basis for comparison, when analysing, if women transgressing social mores by being ”too western”, primary in terms of clothing, can constitute a particular social group.

The country of origin information plays a significant role when discussing this issue, as the fulfillment of the social perception approach is highly dependable on it. In order for the applicant to fulfill the protected characteristics approach, she must have ”an immutable characteristic” or ”a characteristic that is fundamental to human dignity that a person should not be compelled to forsake it”. Women being ”too western”, can be seen to fulfill the social perception approach as they are distinct from the others in their societies. Therefore the question is, whether being ”too western”, primary in terms of clothing, is a characteristic that a person should not be compelled to forsake it, or not. The finding of this thesis is that the applicant needs to demonstrate, that being ”too western” for her society, is a crucial or fundamental part of her identity. In other words, if the applicant a well-argued reason, why she must be allowed to dress in a western manner, she can fall under the Convention ground membership in a particular social group.