scholarly journals Sex, Gender, and Refugee Protection in Canada under Bill C-11: Are Additional Protections Required in Light of In re R-A-?

Refuge ◽  
2001 ◽  
pp. 54-64
Author(s):  
Chantal Tie

This case comment takes a critical Canadian look at gender-based refugee claims in light of the recent United States Board of Immigration Appeals decision in re R-A-. The author points out that many of the obstacles for women who are refugee claimants in the United States, which are highlighted in re R-A-, also exist in Canada. She argues that when we are forced to define women’s gender persecution as persecution on account of “membership in a particular social group,” analytical problems are inevitable. These problems arise because our refugee definition does not acknowledge that women are persecuted worldwide simply because of their gender. The author urges that gender persecution be specifically included in the Canadian refugee definition, to bring the definition in line with other domestic and international human rights instruments, which already recognize the importance of women’s human rights.

Author(s):  
Flávio Contrera ◽  
Matheus Lucas Hebling

This article aimed to verify the occurrence of convergence and congruence in the positions that the Democratic and Republican parties express about human rights treaties in the Electoral, in the Executive, and the Legislative arenas, in the Post-Cold War (1992-2016). The use of the comparative method guided the study of six specific cases, analyzed using qualitative techniques. The results point to two trends. The first is that the possibility of convergence between the Democratic and Republican parties tends to diminish when their positions on human rights treaties are anchored by ideological perspectives, and the second is that a party’s position on a treaty tends to be congruent among political arenas. Moreover, the divergence of positions between the parties clarifies the liberal internationalist character of the Democratic positions and the conservative isolationist approach of the Republican positions.


2021 ◽  
Vol 7 (1) ◽  
pp. 48-66
Author(s):  
Farnaz Raees Kazemi ◽  
Moosa Akefi Ghaziani

George Floyd’s murder by the police in Minneapolis provoked widespread political agitation across the country. It once again highlighted the problematic racial dimension of policing and eggregious violation of human rights commitments on the part of the government. In this article we explore how the human rights law and racism in the United States interact with each other? We employ qualitative research based on descriptive-analytical method and divide the article in four parts: a brief introduction, a historical background of racism, a conceptual comprehension of racial discrimination and a brief survey of the international human rights instruments against racism, and the onground situation of racial discrimination in the country. We conclude that the process of negotiation between human rights law and racism in the United States is far from settled yet.


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