Gender-Related Refugee Claims: Expanding the Scope of the Canadian Guidelines

In 1993 the Immigration and Refugee Board of Canada adoptedguidelines entitled ‘Women Refugee Claimants Fearing Gender-RelatedPersecution’. The Guidelines represent a cutting edgeapproach and have helped to guarantee a refugee determinationprocess for women refugees that is more sensitive to gender-relatedclaims of asylum. However, the author demonstrates that theconcept of gender-based persecution, as it is presently defined,makes it difficult for members of the Board to systematicallyevaluate all types of gender-related persecution, to which certainmen and women are subjected. The author examines asylum claimsbased on sexual orientation and identity, as well as those basedon persecution specifically inflicted upon men, and argues thatthe gender-specific analytical framework adopted by the Immigrationand Refugee Board is relevant to these cases. The author concludesthat change is needed in the form of a more clearly definedsocial constructionist interpretation of gender. Clearly, defining‘gender’ as a socially constructed concept wouldreveal the gender-specific factors that interfere with the rightsof certain men and would make more visible the links betweengender and other causes of persecution, like sexual orientation.