Type:	Journal Article
Title:	Domestic violence as a basis for asylum status: a human rights approach
Other Titles:	Women's rights law reporter
Authors:	Blanck, Amanda
Keywords:	Refugee communities;Human rights
Year:	2000
Publisher:	Rutgers University. School of Law (Newark
Citation:	22 (1), Fall/Winter 2000
Notes:	Utilising the case of Rodi Alvarado Pena, a woman who sought and was denied asylum in the U.S. on the basis of the Guatemalan legal system’s unwillingness to provide her with protection from her abusive husband, this article attempts to illustrate how current asylum definitions fail to protect women’s human rights. The facts and decision in the Alvarado case are outlined and the reaction to the decision, by scholars and government officials in the U.S., is discussed. An outline of the definitions and law relating to asylum and refugees in the U.S. is provided and contrasted with the approaches taken in Canada, Australia and Europe. The extent of and response to violence against women internationally are then discussed and the case in favour of including domestic violence as a factor in asylum claims is presented. The approach taken in other Western jurisdictions is again contrasted with that taken by the U.S. and it is suggested that both the U.S and other countries must recognise the inconsistent manner in which the traditional asylum doctrines are capable of providing protection to victims of human rights abuses, in particular to domestic violence victims. Alternative approaches to asylum claims that incorporate a recognition of gender-specific human rights abuses are also examined.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14357
ISSN:	858269
Appears in Collections:	Journal Articles

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