Transitioning gender: Feminist engagement with international refugee law and policy 1950-2010

Refugee Survey Quarterly

Volumn 29, Issue 2, 2010, Pages 21-45

  Edwards, Alice ^a  

^a UNIVERSITY OF OXFORD   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

ASYLUM SEEKER; CULTURAL INFLUENCE; FEMINISM; GENDER DISPARITY; GENDER ISSUE; INTERNATIONAL LAW; POLICY APPROACH; POLICY IMPLEMENTATION; RACE; REFUGEE; RELIGION; VIOLENCE; WOMENS STATUS;

EID: 77957690889     PISSN: 10204067     EISSN: 1471695X     Source Type: Journal    
DOI: 10.1093/rsq/hdq021     Document Type: Article

References (136)

1. Statute of the Office of the United Nations High Commissioner for Refugees, UNGA res. 428(V), 14 Dec. 1950.
2. Geneva Convention Relating to the Status of Refugees, 189 UNTS 150, 28 Jul. 1951 (entry into force: 22 Apr. 1954), Art. 1A(2).
3. UN Doc. A/CONF.2/SR.5, 10 (per British delegate).
4. UN Doc. A/CONF.2/SR.5, 9 (per Chairman of the Conference, High Commissioner for Refugees). See further, T. Spijkerboer, Gender and Refugee Status, Dartmouth, Ashgate, 2000, 1.
5. A.B. Johnsson, "The International Protection of Women Refugees: A Summary of Principal Problems and Issues", International Journal of Refugee Law, 1(2), 1989, 221, 222.
6. Adopted on 10 Sep. 1969 by the Assembly of Heads of State and Government of the Organization of African Unity (now African Union), 1001 UNTS 45 (entry into force: 20 Jun. 1974).
7. "Member States undertake to apply the provisions of this Convention to all refugees without discrimination as to race, religion, nationality, membership of a particular social group or political opinions.".
8. UN World Conference on Human Rights, Vienna Declaration and Programme of Action, UN Doc. A/CONF.157/23, 12 Jul. 1993, para. 18. The Vienna Declaration stated that "[t]he human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights".
9. Johnsson, "International Protection of Women Refugees", 223 (pointing out that it was not until well into the UN Decade on Women that attention was paid to the situation and needs of refugee women).
10. A 1985 review of the situation of refugees and other displaced women was carried out in Nairobi in 1985.
11. See, EXCOM, Refugee Women and International Protection, EXCOM Conclusion No. 39 (XXXVI), 18 Oct. 1985, para. (b).
12. See, for example, Fourth World Conference on Women, Beijing Declaration and Platform for Action, UN Doc. A/CONF.177/20 and A/CONF.177/20/Add.1, 15 Sep. 1995, paras. 36 and 125 (general impact of displacement on women leading to unequal consequences, including sexual exploitation); 58(l) (economic empowerment for refugee women); 60(a) (female illiteracy, including among refugee women, to be addressed); 82 (education for refugee women); 116 (violence and refugee women).
13. On the CEDAW Committee's current performance on refugee rights, see A. Edwards, Displacement, Statelessness and Questions of Gender Equality under the Convention on the Elimination of All Forms of Discrimination against Women, Legal and Protection Policy Research Series, Geneva, UNHCR, POLAS/2009/02, Aug. 2009 (prepared for a joint UNHCR-Committee on the Elimination of Discrimination against Women seminar held at the UN in New York, 17-19 Jul. 2009).
14. Executive Summary of the above paper, available at: UN Doc. CEDAW/C/2009/II/WP.3, 1 Jul. 2009 (which provides an overview of the CEDAW Committee's engagement with refugee issues).
15. EXCOM Conclusion No. 39 (XXXVI), para. (k).
16. On cultural relativity and IRL see, B. Ibhawoh, "Defining Persecution and Protection: The Cultural Relativism Debate and the Rights of Refugees", in N. Steiner, M. Gibney & G. Loescher (eds.), Problems of Protection: The UNHCR, Refugees, and Human Rights, New York/London, Routledge, 2003, 61.
17. See, H. Crawley, Refugees and Gender: Law and Process, Bristol, Jordan, 2001, 14 (discussing a 1984 resolution "calling upon States to consider women who have been victims of persecution as belonging to a 'particular social group' within the definition of the Refugee Convention" and a 1996 resolution urging "all Member States to adopt guidelines on women asylum seekers as agreed by the UNHCR Executive Committee").
18. EXCOM, General Conclusion on International Protection, EXCOM Conclusion No. 77 (XLVI), 20 Oct. 1995, para. (g). See, also, EXCOM, General Conclusion on International Protection, EXCOM Conclusions Nos.: 79 (XLVII), 11 Oct. 1996, para. (o); 81 (XLVIII), 17 Oct. 1997, para. (t); and 87 (L), 8 Oct. 1999, para. (n).
19. EXCOM Conclusion No. 77 (XLVI), para. (g).
20. For an up-to-date list of countries that have adopted gender guidelines, see University of California Hastings Centre for Gender and Refugee Studies, available at: http://cgrs.uchastings.edu/law/gender_guidelines.php (last visited 21 Jun. 2010).
21. For an overview of the laws of various countries, see A. Edwards, "Age and Gender Dimensions in International Refugee Law", in E. Feller, V. Türk & F. Nicholson (eds.), Refugee Protection in International Law: UNHCR's Global Consultations on International Protection, Cambridge, Cambridge University Press, 2003, 46-80.
22. V.L. Oosterveld, "The Canadian Guidelines on Gender-Related Persecution: An Evaluation", International Journal of Refugee Law, 8(4), 1996, 571.
23. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, OJ L 304/12, 30 Sep. 2004, Arts. 9(2)(f) and 4(3)(c), respectively.
24. There are only two relevant paragraphs, the first suggesting that an asylum-seeker is to be interviewed by someone of a sex of their choice, and that the Directive must be applied in a non-discriminatory manner, including on the basis of sex: ibid., Arts. 8(7) and 41, respectively.
25. Although civil and political rights deprivations are normally at the heart of asylum claims, it has long been acknowledged by UNHCR that economic, social and cultural rights deprivations can also amount to persecution on a cumulative basis or if they lead to consequences of a substantially prejudicial nature: UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Geneva, 1979, revised in: UN Doc. HCR/IP/4/Eng/REV.1, Jan. 1992, paras. 53 (cumulative grounds), 54-55 (discrimination amounting to persecution, including in relation to livelihoods and education), 62-64 (refugees versus economic migrants), 77-79 (economic activities as basis for membership of a PSG).
26. See also UNHCR, Guidelines on International Protection No. 1: Gender-related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, UN Doc. HCR/GIP/02/01, 7 May 2002, para. 3; and UNHCR, Guidelines on International Protection No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons at Risk of Being Trafficked, UN Doc. HCR/GIP/06/07, 7 Apr. 2006, paras. 31, 34, 38.
27. See, for example, M. Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation, Cambridge, Cambridge University Press, 2007, 113-123.
28. UNHCR, Handbook on Procedures and Criteria.
29. UNHCR, Guidelines on International Protection No. 1: Gender-related Persecution.
30. UNHCR, Guidelines on International Protection No. 2: "Membership of a Particular Social Group" within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, UN Doc. HCR/GIP/02/02, 7 May 2002.
31. UNHCR, Guidelines on International Protection No. 1: Gender-related Persecution, para. 6.
32. On the two dominant approaches to PSG, see T.A. Aleinikoff, "Protected Characteristics and Social Perceptions: An Analysis of the Meaning of 'Membership of a Particular Social Group'", in E. Feller, V. Türk & F. Nicholson (eds.), Refugee Protection in International Law: UNHCR's Global Consultations on International Protection, Cambridge, Cambridge University Press, 2003, 263.
33. UNHCR, Guidelines on International Protection No. 1: Gender-related Persecution, para. 33.
34. C.A. MacKinnon, "Rape, Genocide, and Women's Human Rights", Harvard Women's Law Journal, 17(5), 1994, 5.
35. There are some notable exceptions: see Refugee Appeal No. 2039/93 Re MN, New Zealand: Refugee Status Appeals Authority, 12 Feb. 1996.
36. See, S. Kneebone, "Women Within the Refugee Construct: 'Exclusionary Inclusion' in Policy and Practice -the Australian Experience", International Journal of Refugee Law, 17(7), 2005, 7-42.
37. This phraseology was used by Justice McHugh in Applicant S v. Minister for Immigration and Multicultural Affairs [2004] HCA 25, para. 72, referring to proposed groups such as "good swimmers" or "fit athletes" (also referred to below under Stage 5).
38. Islam v. Secretary of State for the Home Department and R. v. Immigration Appeal Tribunal and Secretary of State for the Home Department, ex parte Shah, UK House of Lords, [1999] 2 WLR 1015; [1999] INLR 144, at 645, 652, 655, and 658.
39. Minister for Immigration and Multicultural Affairs v. Khawar [2002] HCA 14, para. 33 (per Gleeson CJ).
40. Shah and Islam case, 8.
41. Secretary of State for the Home Department v. K; Fornah v. Secretary of State for the Home Department [2006] UKHL 46, para. 31 (per Lord Bingham of Cornhill: "I think it is clear that women in Sierra Leone are a group of persons sharing a common characteristic, which, without a fundamental change in social mores is unchangeable, namely a position of social inferiority as compared with men. They are perceived by society as inferior. That is true of all women, those who accept or willingly embrace their inferior position and those who do not.").
42. For a range of case law, see Edwards, "Age and Gender Dimensions".
43. H. Crawley & T. Lester, Comparative Analysis of Gender-related Persecution in National Asylum Legislation and Practice in Europe, Evaluation and Policy Analysis Unit, Geneva, UNHCR, UN Doc. EPAU/2004/05, 1 May 2004, 137.
44. See, K. Musalo, "A Short History of Gender Asylum in the United States: Resistance and Ambivalence may Very Slowly be Inching Towards Recognition of Women's Claims", contribution in this volume.
45. D.E. Anker, "Refugee Law, Gender, and the Human Rights Paradigm", Harvard Human Rights Journal,15, 2002, 133, 151.
46. Edwards, "Age and Gender Dimensions", 68 (footnotes excluded).
47. H. Crawley, "Women and Refugee Status: Beyond the Public/Private Dichotomy in UK Asylum Policy", in D. Indra (ed.), Engendering Forced Migration, Oxford, Berghahn Books, 1999, 308, 326.
48. UNHCR, Guidelines on International Protection No. 4: "Internal Flight or Relocation Alternative" within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, UN Doc. HCR/GIP/03/04, 23 Jul. 2003.
49. Edwards, "Age and Gender Dimensions", 72.
50. EXCOM, Refugee Women, EXCOM Conclusion No. 54 (XXXIX), 10 Oct. 1988, para. 10.
51. UNHCR, UNHCR Policy on Refugee Women, Geneva, UNHCR, 20 Aug. 1990.
52. UNHCR, Guidelines on the Protection of Refugee Women, Geneva, UNHCR, 1 Jul. 1991.
53. UNHCR, UNHCR Handbook for the Protection of Women and Girls, Geneva, UNHCR, Jan. 2008.
54. UNHCR, Guidelines on the Protection of Refugee Women, para. 4.
55. UNHCR, UNHCR Handbook for the Protection of Women and Girls,5.
56. Kneebone, "Women Within the Refugee Construct", 13.
57. See, for example, A. Macklin, "Refugee Women and the Imperative of Categories", Human Rights Quarterly, 17, 1995, 217.
58. UNHCR today quotes the figure of 50 per cent of the refugee population being women and girls, available at: http://www.unhcr.org/pages/49c3646c1d9.html (last visited 25 Jun. 2010).
59. See, D. Otto, "A Post-Beijing Reflection on the Limitations and Potential of Human Rights Discourse for Women", in K.D. Askin & D.M. Koenig (eds.), Women and International Human Rights Law, Vol. 1, Ardsley, New York, Transnational, 1999, 115, 121 (criticizing the raft of provisions in the CEDAW which privilege the homemaker as the primary female subject of international law).
60. R. Coomaraswamy, "To Bellow Like a Cow: Women, Ethnicity and the Discourse of Rights", in R.J. Cook (ed.), Human Rights of Women: National and International Perspectives, Philadelphia, University of Pennsylvania Press, 1994, 43, 55.
61. UNHCR, Sexual Violence against Refugees: Guidelines on Prevention and Response, Geneva, UNHCR, 1 Mar. 1995.
62. UNHCR, Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons: Guidelines on Prevention and Response, Geneva, UNHCR, May 2003. See, further, Inter-Agency Standing Committee Taskforce on Gender in Humanitarian Settings, Guidelines for Gender-Based Violence Interventions in Humanitarian Settings: Focusing on Prevention and Response to Sexual Violence in Emergencies, Sep. 2005.
63. UNHCR, UNHCR's Commitments to Refugee Women, Geneva, UNHCR, 12 Dec. 2001. The other commitments related to: ensuring the participation of women in leadership and management committees, individual registration and documentation, participation in direct management and distribution of food and non-food items (not dissimilar to the first commitment), and that all women and girls will receive sanitary materials.
64. See, B. Harrell-Bond, Imposing Aid, Oxford, Oxford University Press, 1986.
65. See, L. Manderson et al., "A Woman Without a Man is a Woman at Risk: Women at Risk in Australian Humanitarian Programs", Journal of Refugee Studies, 11, 1998, 267-283. Other criticisms of the "women at risk" category include that by being single or a single parent, the "risk" satisfying the resettlement criteria can also prevail in the resettlement destination and make integration more difficult; that women are used instrumentally to fill a quota rather than a full assessment of subjective circumstances; and the quota has led to attitudes that as long as women are free to marry they do not qualify for resettlement (as they will gain protection via marriage).
66. EXCOM, Conclusion on Legal Safety Issues in the Context of Voluntary Repatriation of Refugees, EXCOM Conclusion No. 101 (LV), 8 Oct. 2004, para. (i).
67. EXCOM, Conclusion on Women and Girls at Risk, EXCOM Conclusion No. 105 (LVII), 6 Oct. 2006.
68. EXCOM, Conclusion on Children at Risk, EXCOM Conclusion No. 107 (LVIII), 5 Oct. 2007.
69. D. Buscher, "Refugee Women: Twenty Years On", contribution in this volume.
70. See CASA Consulting, Evaluation of the Dadaab Firewood Project, Kenya, UN Doc. EPAU/2001/08, 15 Jun. 2001.
71. The Women's Commission for Refugee Women and Children (WCRWC), Beyond Firewood: Fuel Alternatives and Protection Strategies for Displaced Women and Girls, New York, WCRWC, 2006, available at: http://womensrefugeecommission.org/docs/fuel_synopsis.pdf (last visited 8 Jul. 2010).
72. CASA Consulting, Evaluation of the Dadaab Firewood Project, para. 32.
73. H. Charlesworth & C. Chinkin, The Boundaries of International Law: A Feminist Analysis, Manchester, Manchester University Press, 2000, 219.
74. H. Charlesworth, "Not Waving but Drowning: Gender Mainstreaming and Human Rights in the United Nations", Harvard Human Rights Journal, 18, 2005, 3.
75. For a good overview of the historical origins of gender mainstreaming, such as the literature on "Women and Development" and later "Gender and Development".
76. See, UN General Assembly, Report of the Economic and Social Council for 1997, UN Doc. A/52/3, 18 Sep. 1997, Section IV., A., "Mainstreaming the Gender Perspective into All Policies and Programmes in the United Nations System", 27.
77. Charlesworth, "Not Waving but Drowning", 2.
78. F. Beveridge & S. Nott, "Mainstreaming: A Case for Optimism and Cynicism", Feminist Legal Studies,20, 2002, 299.
79. C. Chinkin, "Feminist Interventions into International Law", Adelaide Law Review, 13, 1997, 26.
80. S. Kouvo, Making Just Rights? Mainstreaming Women's Human Rights and a Gender Perspective, Uppsala, Sweden, Iustus Förlag, 2004, 172.
81. A. Byrnes, "Women, Feminism and International Human Rights Law -Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues", Australian Year Book of International Law, 205, 1992, 224.
82. Chinkin, "Feminist Interventions", 26.
83. D. Otto, "The Exile of Inclusion: Reflections on Gender Issues in International Law over the Last Decade", Melbourne Journal of International Law, 10, 2009, 12.
84. WCRWC, UNHCR Policy on Refugee Women and Guidelines on their Protection: An Assessment of Ten Years of Implementation, New York, WCRWC, 1 May 2002, 42-44.
85. UNHCR, Guidelines on International Protection No. 1: Gender-related Persecution, para. 3.
86. See, for example, the work of A. Jaggar, Feminist Politics and Human Nature, Brighton, Sussex, Harvester Press, 1983, 106-113.
87. As cited in L. Nicholson, "Gender", in A.M. Jaggar & I.M. Young (eds.), A Companion to Feminist Philosophy, London, Blackwell Publishers, 1998, 289, 290 (in which she questions the immutability of sex by reference to changing social patterns which have also led to changes in the female body).
88. A. Edwards, Violence against Women under International Human Rights Law, Cambridge, Cambridge University Press, forthcoming Dec. 2010, Ch. 1.
89. The three evaluations were: WCRWC, UNHCR Policy on Refugee Women and Guidelines on their Protection.
90. Valid International, Meeting the Rights and Needs of Refugee Children, UN Doc. EPAU/2002/02, 6 May 2002.
91. CASA Consulting, The Community Services Function in UNHCR, UN Doc. EPAU/2003/02, 1 Mar. 2003.
92. UNHCR, Report on Age, Gender and Diversity Mainstreaming, UN Doc. EC/59/SC/CRP.14, 2 Jun. 2008, para. 4.
93. L. Groves, UNHCR's Age and Gender Mainstreaming Pilot Project 2004: Synthesis Report, UN Doc. EPAU/2005/03, 10 Apr. 2005, 3.
94. V. Thomas & T. Beck, Changing The Way UNHCR Does Business? Evaluation of the Age, Gender and Diversity Mainstreaming Strategy 2004-2009, UN Doc. PDES/2010/08, 22 Jun. 2010, para. 345.
95. UNHCR, Report on Age, Gender and Diversity Mainstreaming, para. 2.
96. On approaches to tackling gender stereotypes, see: R.J. Cook & S. Cusack, Gender Stereotyping: Transnational Legal Perspectives, Philadelphia, University of Pennsylvania Press, 2010.
97. See, for example, UNHCR, Tool for Participatory Assessment in Operations, Geneva, UNHCR, 1 May 2006, "Guiding Principles", 11.
98. Thomas & Beck, Changing The Way UNHCR Does Business?, Executive Summary, 2.
99. C. Mohanty, "Under Western Eyes: Feminist Scholarship and Colonial Discourses", in M. Mohanty, A. Russo & L. Torres (eds.), Third World Women and the Politics of Feminism, Bloomington, IN, Indiana University Press, 1991, 74.
100. J. Kalajdzic, "Rape, Representation, and Rights: Permeating International Law with the Voices of Women", Queen's Law Journal, 21, 1996, 457, 477-478.
101. Thomas & Beck, Changing The Way UNHCR Does Business?.
102. Rhonda Copelon used the language of "surfacing gender" in her work on rape against women in times of conflict: see, R. Copelon, "Gendered War Crimes: Reconceptualizing Rape in Time of War", in J. Peters & A. Wolper (eds.), Women's Rights, Human Rights: International Feminist Perspectives, New York, Routledge, 1995, 197, 199.
103. R. Da Costa, Gender Mainstreaming Concepts and Strategies: Within the UN and UNHCR, Dec. 2001reprinted in UNHCR, Gender Training Kit on Refugee Protection and Resources Handbook, Geneva, UNHCR, Dec. 2002, 62, 64.
104. UNHCR, Policy on Refugee Women, 5-6.
105. Gender Against Men, D. Neumann dir. (Refugee Law Project, University of Makerere, Uganda, 2009) [video] on the rape and sexual violence against men in the Democratic Republic of Congo, available at: http://www.refugeelawproject.org/video_advocacy.php (last visited 13 Jul. 2010).
106. See, also, A. Edwards, Daunting Prospects: Minority Women -Obstacles to their Return and Integration, Sarajevo, UNHCR & UNHCHR, Apr. 2000 (in which it was noted that psycho-social services and counseling were not made available to men and boys (including soldiers and victims) in the post-conflict setting).
107. See also, S. Turner, Angry Young Men in Camps: Gender, Age and Class Relations Among Burundian Refugees in Tanzania, UNHCR Working Paper No. 9, 1 Jun. 1999.
108. S. Sivakumaran, "Sexual Violence against Men in Armed Conflict", European Journal of International Law, 18, 2007, 253.
109. See also, Gender Against Men [video].
110. See, Gender Against Men [video].
111. Sivakumaran, "Sexual Violence against Men in Armed Conflict", 255.
112. Referring to G. Mezey & M.B. King, "Treatment of Male Victims of Sexual Assault", in G. Mezey & M.B. King (eds.), Male Victims of Sexual Assault, Oxford, Oxford University Press, 2000, 142.
113. A. Roberts, "Lives and Statistics: Are 90% of War Victims Civilians?", Survival, 52, Jun.-Jul. 2010, (forthcoming; copy on file with the author).
114. UNHCR, Guidelines on International Protection No.1: Gender-related Persecution.
115. Applicant S v. Minister for Immigration and Multicultural Affairs.
116. See, also views of Gleeson CJ and Gummow and Kirby JJ at 50.
117. Referring to Chen Shi Hai v. Minister for Immigration and Multicultural Affairs [2000] 201 CLR 293, 303.
118. th Circuit 1986] 801 F 2d 1571, 1576-1577.
119. See, Aleinikoff, "Protected Characteristics and Social Perception".
120. Shah and Islam case.
121. Applicant A and Another v. Minister for Immigration and Ethnic Affairs and Another, High Court of Australia, [1997] 190 CLR 225. Note that Applicant A accepts that not every broadly defined demographic group constitutes a PSG, however this should be judged by whether the group is distinguishable from society, see below.
122. UNHCR, Guidelines on International Protection No. 2: "Membership of a Particular Social Group", para. 18.
123. Matter of Acosta 19 I. & N. Dec. 211 [BIA 1985].
124. Canada (Attorney-General) v. Ward [1993] 2 SCR 689.
125. th Circuit 2000] 225 F 3d 1084, held that a "particular social group" is "one united by a voluntary association, including a former association, or by an innate characteristic that is so fundamental to the identities and consciences of its members that members either cannot or should not be required to change it". By doing so, it accepted that the "voluntary association" requirement deemed important in Sanchez-Trujillo was not a prerequisite in every case.
126. See, Applicant Z v. Minister for Immigration & Multicultural Affairs [2001] 116 FCR 36 at 40: The Full Federal Court (Sackville, Kiefel, and Hely JJ) was concerned with an Afghan applicant in a position substantially the same as that of Applicant S. Sackville J identified as an "insuperable obstacle" the absence of material before the Tribunal that would have justified it in finding that Afghan society, or some clearly identifiable section of it, perceived "able-bodied Afghan men" as a distinct social unit. Applicant S disagreed with this requirement, noting that "[t]he general principle is not that the group must be recognized or perceived within the society, but rather that the group must be distinguished from the rest of the society." One way this can occur is by members of society perceiving the group as such, but this is not the only way.
127. M. Jones, "The Refusal to Bear Arms as Grounds for Refugee Protection in the Canadian Jurisprudence", International Journal of Refugee Law, 20, 2008, 123-165, n. 4.
128. For an analysis of the complexities of these terms, see Edwards, Violence against Women under International Human Rights Law.
129. UNHCR, Guidance Note on Refugee Claims relating to Victims of Organized Gangs, Geneva, UNHCR, 31 Mar. 2010, para. 36.
130. S.V. Peterson, "Feminist Theories Within, Invisible To, and Beyond IR", Brown Journal of World Affairs, 10(2), 2004, 37-40.
131. S. de Beauvoir, The Second Sex, ed. and trans.: New York, H.M. Parshley, 1974, 295.
132. Referred to in D. Otto, "Lost in Translation: Re-scripting the Sexed Subjects of International Human Rights Law", in A. Orford (ed.), International Law and Its Others, Cambridge, Cambridge University Press, 2006, 318, 319.
133. H. Charlesworth, "Talking to Ourselves: Feminist Scholarship in International Law", in Z. Pearson & S. Kuovo (eds.), Between Resistance and Compliance? Feminist Perspectives on International Law in an Era of Anxiety and Terror, Oxford, Hart Publishing, forthcoming 2010 (on file with the author).
134. J.E. Halley, Split Decisions: How and Why to Take a Break from Feminism, Princeton, Princeton University Press, 2005, 321.
135. Oosterveld, "The Canadian Guidelines on Gender-Related Persecution", 569-596.
136. Halley, Split Decisions, 9.